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Greater access to legal services needed - DA

Cape Town - Greater access to legal services is needed for South Africans, according to Dene Smuts, the DA's shadow minister of justice and constitutional development.

She is of the opinion that the proposal to create a fee structure is inadequate and that the legal practice bill "in its entirety fails to address the question of the economics of the legal sector".

The ANC agreed in the justice committee on October 3 to consider the inclusion in the bill of a costs disclosure clause proposed by the DA based on the Australian example.

Such a clause would require a written fee agreement between lawyer and client, billing arrangements based on cost per hour and an estimation of costs.

A client’s right to negotiate fees would therefore become law.

"My proposal is an attempt to do something about that aspect of legal practice which ought to have been the subject matter of the whole legal practice bill," Smuts told Fin24.

"A single section is a poor substitute, but at least it will make a real difference for clients of legal services."

She said to his credit Minister of Justice and Constitutional Development, Jeff Radebe, included the question of legal costs for the first time when this decade-old bill was finally sent to parliament.

"But the proposal to create a fee structure is inadequate and the bill in its entirety fails to address the question of the economics of the legal sector," said Smuts.

She said by contrast, many other common law jurisdictions have embarked on regulation aimed at improving access to justice by protecting and promoting the interests of consumers and promoting competition in the provision of legal services.

The DA has also suggested a clause, already contained in the 5th draft of the bill that the proposed Legal Practice Council should conduct an enquiry which establishes whether legal fees are placing legal services beyond the reach of most consumers and, if so, what the effects on both lawyers and clients are.

Smuts also wants the council to enquire whether there are other factors impeding the efficient operation of legal services within the potential legal services market.

Smuts told Fin24 that there should also be an enquiry as to whether the creation of a mandatory fee structure would be advisable and, if so, who should determine it and set fees and tariffs.

She would also like to see an enquiry as to whether such a scheme should allow for exemptions where a legal practitioner is willing to work for a lower fee than that which is set or a client is willing to pay more.

- Fin24

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