Issues, Matters & Claims

03 ISSUE

Digitally raise any legal issue to your attorney via Defend

All you need to do is to raise the query, matter or claim in the portal. We’ll do the rest.

In an emergency (i.e. bail) situation use the 24 hour number.

Our aims

Our aim is to make the process as easy and as secure as possible. So we provide digital services to message, submit matters and claims.

Advice –> Matter –> Claim –> Resolved!

It’s really that simple.

Legal Advice

When you join, we provide you with access to our account portal. You’ll find a section that allows you to initiate contact with your attorney via messages.

You can securely message your attorney for legal advice and they’ll get back to you via messages.

Matters

A ‘matter’ is a legal issue that your attorney has decided goes beyond legal advice and is something that will progress. It’s like a case. The Attorney will make a decision as to whether the matter requires a Claim or not.

Your attorney raises a matter in the Defend^ matter management system and you’ll receive a secure link via email.

Your attorney should not ask for any money from you. if they do – please contact Defend support through the portal.

When you login (using your registered email address) you’ll be able to send messages specifically about that matter and to share documents and information securely, as requested by your Attorney.

It’s common for when matters are underway that you will communicate directly with your attorney via calls, texts and potentially WhatsApp. Wherever possible you should use the secure link instead – it gives the Attorney less work to do and keeps your information secure!

If you need to meet with your attorney, they’ll arrange to do so and record the information in the portal.

Your attorney is also likely to need you to sign various documents, these will be issued to you either electronically or in person. If electronic you’ll receive a link electronically.

There are certain circumstances where you’ll need to have other people do things on your behalf, they can be granted access to the matter management system on your behalf, or you will be given paper.

‘Bills’

Whenever an Attorney does some work under your policy, a ‘bill’ is created, which is assigned to the matter.

Your attorney should not ask for any money from you. if they do – please contact Defend support through the portal.

You can see any bills in the matter management.

You can see this so you can make sure the Attorney is working on your behalf and is claiming appropriately.

Claims

If your practising attorney identifies that you need to claim (e.g. they’ve raised a matter for which there is a constraint), they’ll ask you to raise claim in the Defend account portal using the claims button.

You must supply all relevant details in the claim. We’ll review your claim.

If we don’t approve your claim, we’ll notify you and your attorney of why the claim has been rejected. Your attorney will cease work on the matter.

If its approved, we’ll notify your attorney and they can continue to work. They’ll generate bills in the matter management system which you’ll receive – so you can make sure its genuine.

We’ll pay those bills up to the agreed claim limit.

In the unlikely event the limit is reached then you’ll be notified and we’ll cease work. However, you can opt to pay for your attorney yourself to continue the case using the agreed low rates.

Who do I contact for queries?

You must already be a member to use our service. Once you have your practising attorney’s details you can contact them using them.

Or better still – use our digital services.

What if I am unhappy?

We’re exceptionally proud of our practising attorneys – however if you are unhappy with the service that you have received, please contact us using the account portal.

Claims & Matters Fine Print
If I subscribe and use the service, am I entitled to 100% of any payout to me by a party? (e.g. damages, compensation, settlement)

Wherever possible – we seek legal fee recovery (‘costs’) from the other parties involved as part of the damage/compensation.

In circumstances If you were awarded Damages or Compensation we would recover the total cost of the claim from any settlement/compensation you receive.

This is because the membership price would not pay for the services we provide. We provide our members with access to legal services with a low rate including in circumstances where there is no ability to recover fees (e.g. defending you at a magistrates court).

To maintain the low membership price we do have to recover our fees from any awarded Compensation, Damage or Settlement payout to you where we can’t recover the fees from the other party.

We openly and transparently share those bills that we pay in any claim.

Does my policy include payout of any fines or bail?

No. We do not pay fines, or bail money, at any point as part of any matter.

Isn’t legal aid sufficient?

That’s a decision for you to make. We’re thrilled that Legal Aid is a thing , but it is means tested and constrained to a high degree.

We can’t represent you under legal aid or seek any money from Legal Aid for our services. If you wish to seek Legal Aid for a case – please contact the relevant Legal Aid authority BEFORE making a claim.

I have an existing matter in progress with another attorney – will that be covered?

It depends – please contact us to discuss. We don’t cover matters that are already in progress with an existing attorney as the matter would no longer be handled by your existing Attorney. If you wish to transfer the matter to us that would depend on when it started, what the matter was, what steps have been taken and what restrictions you have under your policy.

Are there restrictions on what and when I can claim for?

Yes; please see the policy details. If you have already taken out a policy – please contact your practising attorney.

You only have access to the service if you have paid in advance and there are some limits – such as needing to be a member for a number of months before you can make some claims.

If I make a claim; does Defend^ pay me? Or give me cash?

No; We do not pay you any cash and our entitlements are not convertible to cash. There are no circumstances where we will pay you.

If you use the service and that service requires you make a claim, then any entitlement is paid to your practising attorney once we are in receipt of their bill.

If you are awarded some damages, a settlement, or any other legal fee, they are paid to your practising attorney’s account, who subtracts any relevant fees we instruct them to, then pays you.

Billing Fine Print
Can I upgrade my membership later?

Mostly, yes; but if you have an existing claim in progress, we reserve the right to deny the request.

What happens if I later decide to cancel?

If you cancel your subscription at any point then your benefits will immediately cease, this will include any support for any matter that you (or your dependents) have under way. All access to a Practising Attorney will be removed instantly.

If you later choose to rejoin your restrictions will restart, whilst your benefit entitlement will continue from the previous membership (e.g. if you claimed R10,000 previously, we’ll reduce the available entitlement by R10,000.

What happens if I miss a payment?

Please contact us through the membership site if you feel that you will miss a payment, we may be able to defer payment without impacting your membership benefits – or be able to pause your membership. If you miss one payment we will suspend your services. If you miss two, we will consider the policy cancelled. We will try more than once to collect your payment.

We do absolutely understand that

Can Defend cancel my agreement?

In the very unlikely event we chose to do that, yes, we can cancel your agreement and subscription at our discretion. We would provide you with cause for doing so (e.g. breaking of our terms and conditions, or failure to pay for your subscription).