Our fees are structured based upon a contingency fee agreement as derived from the Contingency Fee Act.
Once we decide to accept an instruction we carry the risk and expenses related to the specific instruction.
Should the claim for whatever reason not be successful no fee will be charged and the matter will be regarded as finalized.
Upon successful finalization of the matter an attorney and client account will be drawn up in accordance with the contingency fee agreement reached between Gert Nel Inc. and our client.
We carry the expenses related to the claim throughout the claim process i.e. medico legal examinations, RAF 4 - examinations, Sherriff's fees etc.
At no stage will a client be expected to pay a deposit or contribute to any expenses during the administration of his/her claim.
In terms of our agreement our fees will never exceed 25% excluding VAT, of the capital value of the claim -
see: Thulo v Road Accident Fund 2011 (5) SA 446 (GSJ).
As a general rule correspondents matters are levied based upon the usual fee sharing basis of 1/3 to the referring attorney and 2/3 of the success fee to Gert Nel Inc.
However, depending on the amount of work done by the instructing attorney before the matter is handed over to Gert Nel Inc. a tailor made agreement may be negotiated between the attorneys.
Gert Nel Inc. carries all the expenses related to the specific instruction including medico legal examinations, RAF 4 appointments etc. and as such a correspondent will never be required to occur any expenses related to the claim,
We have specific agreements with all our advocates and specialists relating to their accounts ensuring that a client and/or correspondent will never be burdened with these expenses during the administration of the claim.
Travel and accommodation arrangements are also made for clients requiring such services.
Most if not all expenses are covered by the Road Accident Fund upon finalization of the matter.
Deputy Judge President W van der Merwe and Contingency Fee Agreements
Having regard to Judge van der Merwes' approach that Contingency Fee Agreements that does not comply with the Contingency Fee Act may be struck down or declared unenforceable.
We declare that our Firms' Contingency Fee Agreements have always been accepted by Judge van der Merwe as compliant with the requirements of the Contingency Fee Act.