No win, no fee – the so-called contingency fee arrangement – is often a contentious issue, but this subject saw leading Pretoria lawyer Gert Nel scooping a legal award. A Pretoria News report says Nel, of Gert Nel Inc, won the 2018 LexisNexis prize for the best article by a practising attorney published in De Rebus.

The main aim of the article was to somehow contribute in addressing the long debated issue of what would be regarded as an acceptable or reasonable interpretation and application of the Contingency Fees Act,’ Nel said.

The correct interpretation of section 2(1)(a) and (b) of the Contingency Fee Act has always been a contentious issue. With limited meaningful guidelines on the topic, any attorney engaging a client on this fee basis exposes themselves to tremendous risk from a professional and financial point of view. This is especially so if his or her own interpretation does not find favour with their professional controlling body or the courts.

In his comprehensive article, Nel sets out the origins of contingency fees, foreign law in this regard, as well as how both the public and attorneys should be safeguarded.

Full Pretoria News report