1. Introduction and application
These Terms of Business (Terms) govern the professional relationship between Madiba & Co Attorneys (we, us or our) and you as our client.
These Terms apply to all matters in which we provide legal services to you, unless varied or supplemented by a written engagement letter or other written agreement.
If you are a consumer as defined in the Consumer Protection Act 68 of 2008 (CPA), certain provisions of these Terms may limit rights or impose obligations on you. Nothing in these Terms is intended to contravene the CPA or any other applicable law.
2. Our details
Firm: Madiba & Co Attorneys
Physical address: 239 Bronkhorst Street, Unit 3B, The Guild House Brooklyn, 0181
Information Officer: Lynda Sibanda
Email: marketing@madibainc.co.za
3. Scope of engagement
The scope of our engagement will be agreed with you for each matter, whether verbally or in writing.
Our engagement relates only to the specific matter for which we are instructed. We do not assume responsibility for advising on issues outside the agreed scope unless expressly agreed in writing.
4. Attorney-client relationship
We act solely for you as our client in the relevant matter. Our duty of care is owed only to you and not to any third party, including related entities, shareholders, directors or employees, unless expressly agreed in writing.
No third party may rely on our advice or work product unless we have expressly agreed to this in writing.
5. Instructions and information
You agree to:
- Provide complete, accurate and timely information relevant to the matter
- Inform us promptly of any changes that may affect the matter
- Authorise us to act on instructions given by you or by persons you reasonably authorise
We are entitled to rely on the accuracy of information provided by you and are not obliged to independently verify such information unless agreed in writing.
6. Fees and billing
Our fees will be agreed with you in advance, where reasonably possible, whether on an hourly, fixed-fee or other agreed basis.
Fee estimates are provided in good faith but are not binding or upper limits unless expressly agreed in writing.
We may require a deposit or advance payment before commencing or continuing work on a matter.
7. Disbursements and expenses
You are responsible for all reasonable disbursements incurred on your behalf, including counsel’s fees, expert fees, court fees, travel costs and administrative expenses.
Disbursements may be invoiced in advance or as incurred.
8. Invoicing and payment terms
Invoices are payable within 30 days of the invoice date, unless otherwise agreed in writing.
We reserve the right to charge interest on overdue amounts at the maximum rate permitted by law.
We may suspend work or terminate our engagement if invoices remain unpaid.
9. Trust monies
Where we hold monies on your behalf, such monies will be dealt with in accordance with the Legal Practice Act 28 of 2014 and applicable rules.
Unless otherwise agreed, interest earned on trust monies is dealt with in accordance with the statutory framework governing legal practitioners’ trust accounts.
10. Confidentiality
We will treat all information relating to your matter as confidential, subject to:
- Our legal and regulatory obligations
- Court orders or lawful requests
- Disclosure to counsel, experts or service providers engaged for the matter, on a confidential basis
We owe similar duties of confidentiality to all our clients and may act for other clients whose interests differ from yours, provided we comply with applicable conflict-of-interest rules.
11. Conflicts of interest
We maintain procedures to identify and manage conflicts of interest.
You agree that we may act for other clients in unrelated matters, even where their interests differ from yours, provided this does not breach applicable laws or professional rules.
12. Communications and technology
Unless you instruct us otherwise, we may communicate with you by email or other electronic means.
Electronic communications are not completely secure. While we take reasonable precautions, we do not guarantee that electronic communications will be free from interception, delay or corruption.
We may use secure cloud-based systems and legal technology tools commonly used in the legal profession, subject to applicable data protection laws.
13. Data protection
We process personal information in accordance with POPIA and our Privacy Policy.
You warrant that you have a lawful basis to provide us with personal information relating to third parties in connection with a matter.
14. Limitation of liability
To the fullest extent permitted by law:
- Our liability is limited to loss arising directly from our proven negligence in providing legal services.
- We are not liable for indirect or consequential loss, loss of profits or loss arising from reliance on information provided by third parties.
Nothing in these Terms limits or excludes liability where such limitation or exclusion is not permitted by law.
15. Termination of engagement
You may terminate our engagement at any time by written notice.
We may terminate our engagement for good cause, including non-payment of fees, conflict of interest, or where continuing to act would be unlawful or unethical.
On termination, you remain liable for fees and disbursements incurred up to the date of termination.
16. File retention
We may retain and store matter files for a reasonable period in accordance with our internal policies and legal obligations.
We may charge reasonable costs for retrieving archived files.
17. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of South Africa.
Any dispute arising from or relating to these Terms or our engagement shall be subject to the jurisdiction of the courts of South Africa.
18. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.
These Terms constitute the basis of our professional relationship unless otherwise agreed in writing.
