In a perfect world, every invoice would be settled promptly. But in the South African legal system, that’s rarely the case. Advocates often face delays in payment, particularly when invoicing through attorneys. While the work is done, the money doesn’t always follow swiftly.
Enter the 97-day payment rule—a regulatory guideline that has financial implications for every advocate in private practice.
In this post, we unpack what the rule means, how it affects your cash flow, and what you can do to stay in control of your earnings.
What Is the 97-Day Payment Rule?
The 97-day payment rule refers to the maximum period that an advocate may wait to receive payment for services rendered before it’s considered overdue under the Legal Practice Council’s guidelines. While not legally enforceable in the same way as statutory debt collection timeframes, it serves as a professional standard of reasonableness in the legal industry.
In essence:
- Once you’ve completed the work and issued an invoice, payment should not be delayed beyond 97 days.
- If it is, the account is considered in default and follow-up action is both appropriate and expected.
This standard helps set expectations in the advocate-attorney relationship and encourages fair turnaround on outstanding invoices.
Why It Matters to You
Waiting beyond 97 days to be paid affects more than your patience—it impacts your practice’s viability. Extended payment cycles can cause:
- Cash flow bottlenecks
- Difficulty budgeting for personal and professional expenses
- Inability to take on new briefs or matters due to financial strain
You’re not just working for recognition—you’re running a practice that needs predictable income.
How to Manage Your Cash Flow More Effectively
While you can’t always control how quickly attorneys pay you, you can structure your invoicing and financial management in a way that protects your income.
Here are some actionable strategies:
Invoice Promptly and Professionally
Send your invoice as soon as the work is completed. A delayed invoice creates a grey area and weakens your follow-up timeline.
Make sure your invoices include:
- Clear matter references
- Service breakdowns
- VAT (if applicable)
- Payment terms (e.g. 30 days from invoice)
- A due date for the invoice
- Your banking details
With Counsel Solutions, your invoices are clean, consistent, and generated in minutes—so there’s no excuse to delay sending them.
Track Every Invoice and Due Date
Keep a centralised record of all invoices issued, including:
- Date of issue
- Attorney or firm name
- Matter reference
- Due date (based on agreed terms)
- Payment status
Manually doing this in Excel is possible—but prone to errors. With software like Counsel Solutions, this is done automatically. The system flags approaching and overdue invoices so nothing slips through the cracks.
- Send Professional Follow-Ups
Chasing attorneys for payments is awkward, but necessary. Automating reminder emails saves you from uncomfortable follow-ups while keeping things professional.
Set up your system to send:
- A friendly reminder a few days before due date
- A follow-up immediately after the due date lapses
- A final notice as the 97-day threshold approaches
Remember—most attorneys are juggling their own admin too. A polite nudge often helps them clear your invoice faster.
Tools to Help You Stay on Top of Outstanding Payments
Advocates don’t typically have admin support, which means your tools need to work for you—not create more work.
Here’s what to look for in a billing tool:
Age Analysis Reporting
See at a glance which payments are current, pending, or overdue. Counsel Solutions provides clear visual breakdowns with no spreadsheet formulas required.
Automatic Due Date Calculation
Avoid having to manually track when payments are due. Once you set your standard terms, due dates are calculated for each invoice automatically.
Secure Record-Keeping
Keep all invoices, payment logs, and client details in one secure, searchable place. That way, when a payment dispute arises, you’re ready.
Custom Templates and Branding
Presenting professional, easy-to-read invoices boosts your credibility and improves your chance of getting paid on time.
The Bottom Line
The 97-day payment rule exists to support fair and timely compensation—but the responsibility still lies with you to manage your practice proactively.
With the right systems in place, you can:
- Reduce overdue payments
- Improve cash flow stability
- Spend less time on admin
- Focus on the courtroom, not chasing money
Counsel Solutions was built for this exact purpose – to help South African advocates invoice smarter, follow up automatically, and stay financially in control.
Start your free trial today at R199/month
And take your billing from passive to proactive.
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