Claims, Costs & Attorneys

Legal Counsellors will draft letters for Paralegal Services rendered on a Member's behalf. Our Legal Counsellors have the requisite knowledge to assist with Paralegal Services, they can also assist with letters of demand (LOD), which carries the same authority as a LOD written by a Lawyer. Our Legal Counsellors are legally trained individuals whose minimum qualifications vary from a Paralegal Diploma to a 4 year law degree (LL.B.). We also employ qualified Legal Practitioners who are enrolled as non-practising Attorneys or Advocates.

Our Paralegal services and Claims staff are legally trained individuals whose minimum qualifications vary from a Paralegal Diploma to a 4 year law degree (LL.B.). We also employ qualified Legal Practitioners who are enrolled as non-practising Attorneys or Advocates.

The Claim Value Multiplier is utilised to determine the maximum amount of legal expenses we are willing to pay per matter, which is twice the value of the existing claim by you, limited by the maximum benefit of your Membership. It exists to encourage acceptance of reasonable offers of settlement. It avoids disproportionate legal expenses when there is a risk of either a very small or no reward.

Under the Gold Membership, you will need to pay an Excess Amount for all types of matters, including civil, criminal, and labour. However, if you have the GoldPlus or Platinum Membership, the Excess Amount will be waived specifically for labour matters.

No. You are not liable for any extra fees except when the appointed Lawyer does not agree to work in terms of the LegalWise Schedule of Tariffs, where we do not provide Confirmation of Cover, or where maximum cover available has been exhausted.

The amount provided in the Confirmation of Cover is the maximum amount of Legal Expenses payable. Legal expenses insurance covers the legal costs that would be incurred in the pursuit or defence of a legal dispute by a Member or against a Member. This means that when a legal dispute arises or when there is an infringement of a Member's rights, then we pay a lawyer's costs (either an Attorney and/or an Advocate) to assist the Member in protecting and enforcing their rights. The legal expenses incurred are paid strictly in terms of the LegalWise tariffs only.

Attorneys provide a service from the day the instructions are received. They are permitted to provide interim invoices to settle the fees in respect of the services they have already rendered. It is only when the court or tribunal has granted the Applicant/Plaintiff's relief that the money awarded by the court or tribunal be recovered from the other party. This process may be protracted given to the nature of the court procedures and existing court backlogs. As a result, this may potentially mean that an Attorney could be paid for services prior to the client receiving the settlement of his/her claim.

The current set up of the legal profession in South Africa does not permit Lawyers other than those in private practice (enrolled as a practising Attorney or Advocate) to appear in Court. We therefore, do not represent Members in court, but pay Practising Lawyers legal expenses in terms of the Membership Agreement to represent our Members in Court.

Your Membership consists of two parts, Paralegal Services and Insurance Cover. The current set-up of the legal profession in South Africa does not permit lawyers other than those in private practice to appear in court. We, therefore, do not represent our Members in court, but pay a practising lawyer (Attorney and/or Advocate) legal expenses when required. All non-litigious matters are handled by our Paralegal Services Department where some of our staff are non-practising, but duly admitted and enrolled attorneys or advocates.

Legal representation is not always allowed in internal company disciplinary proceedings. Where legal representation is permitted at an internal company inquiry, we will pay to have a Network Lawyer represent you, if covered. In addition, legal representation is not allowed by law at the conciliation phase at the CCMA. It is only in arbitration proceedings and at the Labour Court where you may be represented by a Lawyer. We will assess the merits of your case for cover.