Terms and Conditions

1. Interpretation

In these Terms and Conditions, unless the context otherwise requires:

• "The Firm" refers to Malatji MV Attorneys Inc, a registered law firm in South Africa.
• "Client" refers to any person or entity engaging our legal services.
• "Services" refers to all legal services provided by the Firm.
• "Website" refers to www.malatjimvattorneysinc.co.za and all associated pages.
• "You" and "Your" refer to the user or viewer of our website or client of our services.

2. Scope of Services

Malatji MV Attorneys Inc provides legal services in the following areas:

• Family Law (Divorce, Maintenance, Children's Court, Domestic Violence)
• Road Accident Fund Claims
• Administration of Estates
• Drafting of Wills
• Contract Drafting
• Criminal Law
• Labour Law

The provision of services is subject to the terms of individual engagement letters and agreements entered into between the Firm and the Client.

3. Client Engagement

3.1 Commencement of Services

Our attorney-client relationship commences only upon:

• Receipt and acceptance of a signed engagement letter;
• Confirmation of our mandate in writing;
• Payment of the agreed retainer or initial fees (where applicable).

3.2 No Guarantee of Results

While we will use our best professional efforts, we cannot guarantee specific outcomes or results. Legal matters depend on various factors including evidence, court procedures, and applicable law.

3.3 Termination

Either party may terminate the engagement subject to the terms outlined in the engagement letter. The Client remains liable for fees and disbursements incurred up to the date of termination.

4. Fees and Payment

4.1 Fee Structure

Our fees are determined based on:

• The complexity of the matter;
• Time spent on the matter;
• The experience and expertise required;
• Agreed hourly rates or fixed fees as per the engagement letter.

4.2 Payment Terms

Unless otherwise agreed in writing:

• Invoices are payable within 7 days of issue;
• Interest may be charged on overdue accounts at the prevailing legal rate;
• We reserve the right to suspend services for non-payment;
• Disbursements and third-party costs are payable immediately upon request.

4.3 Disbursements

Clients are responsible for all disbursements including but not limited to court fees, expert witness fees, travel expenses, and other necessary expenses incurred in the course of representation.

5. Client Responsibilities

Clients agree to:

• Provide accurate, complete, and timely information;
• Respond promptly to requests for information or documentation;
• Attend scheduled meetings and court appearances;
• Pay fees and disbursements as agreed;
• Follow legal advice and instructions provided by the Firm;
• Notify us immediately of any change in circumstances affecting the matter.

6. Confidentiality and Privilege

6.1 Attorney-Client Privilege

All communications between the Client and the Firm are subject to attorney-client privilege and will be kept strictly confidential, subject to the exceptions outlined in South African law and the Legal Practice Act.

6.2 Exceptions to Confidentiality

We may be required to disclose information:

• Where required by law or court order;
• To prevent the commission of a crime;
• In compliance with the Financial Intelligence Centre Act (FICA);
• For the prevention of money laundering or terrorist financing;
• With your express written consent.

7. Conflict of Interest

We are committed to avoiding conflicts of interest. Before accepting any new matter, we conduct conflict checks. If a conflict arises during representation, we will:

• Inform you immediately;
• Discuss possible solutions;
• Withdraw from representation if necessary;
• Assist you in finding alternative legal representation where possible.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to claims arising from our negligence or breach of professional duty;
• We are not liable for losses arising from circumstances beyond our reasonable control;
• We are not responsible for the actions or advice of third parties, including expert witnesses or other professionals;
• Any claim must be brought within three years of the alleged incident.

9. Website Use

9.1 Information Accuracy

While we strive to ensure accuracy, the information on this website is for general informational purposes only and does not constitute legal advice. Laws change regularly, and information may become outdated.

9.2 No Attorney-Client Relationship

Use of this website does not create an attorney-client relationship. Confidential or time-sensitive information should not be sent through this website. Contact us directly to discuss your legal matter.

9.3 Acceptable Use

You agree not to:

• Use the website for any unlawful purpose;
• Attempt to gain unauthorized access to any part of the website;
• Transmit any viruses, malware, or harmful code;
• Engage in any activity that interferes with or disrupts the website.

10. Intellectual Property

All content on this website, including text, graphics, logos, and design, is the property of Malatji MV Attorneys Inc and is protected by South African and international copyright laws. Unauthorized use, reproduction, or distribution is prohibited.

11. Third-Party Links

This website may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites. Accessing third-party links is at your own risk.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the South African courts.

13. Professional Conduct

Malatji MV Attorneys Inc is bound by:

• The Legal Practice Act 28 of 2014;
• The Legal Practice Council Rules;
• The Code of Conduct for Legal Practitioners;
• All applicable laws and regulations governing the legal profession in South Africa.

14. Data Protection and Privacy

We are committed to protecting your personal information in accordance with the Protection of Personal Information Act (POPIA). Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your data.

15. File Retention

We retain client files in accordance with legal and professional requirements. After closure of a matter, files may be retained for a minimum of 7 years before being destroyed in a secure manner.

16. Amendments

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to this website. Your continued use of our services or website constitutes acceptance of any modifications.

17. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us: