Resources

Educational guides and practical information to help you make informed decisions about commercial legal services

5 Things You Should Know Before Briefing a Commercial Legal Consultant

1

Know What You Need

Be clear about your desired outcome. Are you buying a business? Defending a claim? Negotiating a contract? Understanding the end goal helps your consultant provide focused, relevant advice rather than general legal commentary.

2

Understand the Difference Between Services

Commercial legal consulting focuses on advisory and transactional work—structuring deals, drafting contracts, negotiating terms. If you need representation in court, that's litigation work. Good consultants will refer you to the right specialist if litigation is required.

3

Ask About Fees Upfront

Discuss the hourly rate, any minimum fees, estimated total cost, disbursement charges, and whether an upfront deposit is required. Fisher NCC charges a flat R3,000/hour with no leverage model—the person you brief does the work.

4

Provide All Relevant Documents

Gather contracts, correspondence, and chronologies before your first meeting. A clear brief with all supporting documents saves time and money, leading to faster resolution and lower invoices.

5

Choose Expertise Over Brand

For most commercial matters, you don't need a large firm's brand—you need specific expertise. A specialist consultant with direct experience in your matter type will deliver better results faster and at a fraction of the cost.

Understanding Offers to Purchase (OTPs)

Essential knowledge about OTPs and when they become binding

What is an OTP?

An Offer to Purchase is a written offer by one party (buyer) to acquire an asset, business, or shares from another party (seller) on stated terms and conditions. Once accepted, it becomes a binding agreement—not just a letter of intent.

When Does an OTP Become Binding?

An OTP becomes binding when: (1) The seller signs without amending terms (unconditional acceptance), (2) Acceptance is communicated to the buyer, (3) Any suspensive conditions are met or waived.

Essential Components

A properly drafted OTP must include: The parties (full legal names, registration numbers), Subject matter (precise description of what's being sold), Purchase price (determination method, adjustments, payment terms), Conditions precedent (due diligence, approvals, financing), Warranties and representations, Timelines, Risk and ownership transfer, Restraint of trade, Breach remedies.

Common Mistakes to Avoid

(1) Signing a template OTP without professional review, (2) Treating the OTP as non-binding or preliminary, (3) Failing to specify consequences if conditions aren't met, (4) Not addressing the gap between signing and completion, (5) Ignoring regulatory requirements like Competition Act notifications.

How to Brief Fisher NCC Effectively

Before You Contact Us

Define your objective clearly. What do you want to achieve? Gather all relevant documents—contracts, correspondence, company records, chronologies. Consider your timeline—is this urgent or can it proceed at a measured pace?

Initial Contact

Email ryan@fisherncc.com or call +27 72 425 8243. Provide a brief summary of the matter and your key questions. We'll respond within 24 hours with a preliminary assessment and the onboarding documentation.

Onboarding Process

Complete and sign the Standard Terms and Conditions. Submit FICA documentation (ID, proof of address, company docs if applicable). Pay upfront cover if required (R6,000 for new clients—fully refundable). Onboarding typically takes 24-48 hours with complete documentation.

Working Together

You'll work directly with Ryan Fisher—no associates or juniors. Expect clear, commercially focused advice in plain language. All work is billed at R3,000/hour in 6-minute increments. Invoices are due within 7 days.

Specialist vs. Big Firm: When Each Makes Sense

When a Specialist Consultant Works Best

Mid-market transactions (R5m - R2bn+), Focused commercial advisory, Direct principal access required, Cost-effectiveness is important, Speed and efficiency matter, You need commercial pragmatism over theoretical analysis.

When a Large Firm Makes Sense

Multi-jurisdictional work requiring global network, Very large transactions requiring multiple practice areas simultaneously, Political or reputational considerations require a recognized brand, Ongoing litigation alongside transactional work, You need a large team deployed immediately.

The Fisher NCC Approach

We work alongside large firms when needed—leading commercial and transactional work while they handle specialist elements like tax, employment law, or regulatory approval. We also accept referrals from firms seeking specialist commercial capacity.

Cost Comparison

Fisher NCC: R3,000/hour, no leverage model, principal does the work. Large firm: Multiple rates (R3,000-R8,000+/hour), leverage model (juniors billing alongside partners), team approach increases hours. For most mid-market work, specialist expertise delivers better results at 40-60% of big firm cost.

Need More Information?

Contact us directly for personalized guidance on your commercial legal matter

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