March 10, 2020

Know what legal expenses LegalWise do pay and do not pay

Know what legal expenses LegalWise do pay and do not pay

Know and understand  Section 7 and 8 of  your Membership Agreement

We do pay the following legal expenses

1.    The fees and expenses of your Lawyer for a case at the LegalWise tariffs in force from time to time.

The LegalWise tariffs are part of the agreement;

‘Case’ means all court, tribunal or arbitration proceedings based on the same relevant events.

'Arbitration proceedings' mean arbitration proceedings in terms of the Arbitration Act 42 of 1965.

2.    Only if we agree in writing, the fees of a Lawyer for a 2nd opinion about your chances of success. Generally we will consider it only if new facts or circumstances are presented;

3. The cost of expert evidence and arbitrator's fees that we agree to in writing;

4.    Court fees or charges;

5.    The legal expenses that the court orders you to pay to the other party (your opponent)  if you lose a case;

6.    The legal expenses of further action to force an unwilling or unable "loser' to obey a court order when you win a case;

7.    The legal expenses of an appeal or review if you lose a case, but only if your Lawyer agrees that your chances of succeeding in the appeal or review are better than not succeeding;

8.    If we have agreed to it, the costs of your opponent in order to settle a case;

9.    We only pay legal expenses for a case conducted in a court or tribunal in the RSA.

We do not pay the following legal expenses

1.    That are above the limits set out in Section 10 of your Membership Agreement ;

2.    That are higher than the LegalWise Tariffs;

3.    For work done by your Lawyer before we have issued a written Confirmation of Cover (unless we agree otherwise in writing);

4.    That are duplicated because you changed lawyers without our written agreement;

5.    After the following actions or inactions by you which entitles us to cancel your Membership with no obligation to pay legal expenses not already incurred in a case:

a)    Without a reasonable explanation, you fail to respond to our request or your lawyer's request for relevant information or instructions regarding a case;

b)    You withhold or give false or misleading information in relation to your benefit claim or a case;

c)    Without a reasonable explanation, you fail to co­operate or tum up for consultations or court appearances.

6.    For any new matters that you report to us after the Maximum Period to report a claim, shown in your Schedule of Insurance, after cancellation of your Membership for any reason (90 days);

7.    If you are joined with other persons in a case (a joint or class action). We will pay only a portion of the legal expenses for which you are jointly liable. That portion is the same as the proportion that you are of the total number of persons, but only up to the Maximum Limit of your Membership option;

8.    If you offer to pay the legal expenses of your opponent to settle a case, you are personally responsible for payment. We do not pay those legal expenses unless we agree in writing;

9.    We do not pay legal expenses for negotiation, mediation or Alternative Dispute Resolution efforts or proceedings unless we agree otherwise in writing.