Solomon and Another v Junkeeparsad (37003/2019; 37456/2019) [2021] ZAGPJHC 163; 2022 (3) SA 526 (GJ) (2 September 2021)

Solomon and Another v Junkeeparsad (37003/2019; 37456/2019) [2021] ZAGPJHC 163; 2022 (3) SA 526 (GJ) (2 September 2021)

The court held that, following the Legal Practice Act and the Code of Conduct, an attorney who instructs an advocate is personally liable for the advocate's reasonable fees, regardless of whether the attorney acts through an incorporated firm. The Code of Conduct now codifies this liability as a rule of law, not merely a professional practice or trade usage. The respondent, having instructed the applicants in his professional capacity, is liable to pay their reasonable charges, and the applicants are entitled to sue him personally without needing to sue the incorporated firm. The allegations of the applicants regarding the services rendered and the reasonableness of their charges are...

Citation
[2021] ZAGPJHC 163
Parties
Applicant: Richard Alan Solomon; Applicant: Arlette Mary MacManus; Respondent: Vishal Junkeeparsad
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 September 2021
Case Number
37003/2019; 37456/2019
Procedural Posture
Civil Application / Consolidated Hearing of Two Applications for Payment of Outstanding Advocate Fees; Point of Law Raised by Respondent Determined
Outcome
Application granted. Judgment entered against the respondent personally for payment of outstanding advocate fees and costs.
Judges
P.A. Meyer
Legal Topics
Legal Practitioners Liability, Advocate Fees, Legal Practice Act, Code of Conduct, Privity of Contract
Commercial and Corporate Civil Procedure Legal Practitioners Liability Advocate Fees Legal Practice Act Code of Conduct Privity of Contract

Case Brief

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Parties

Richard Alan Solomon

Applicant

Arlette Mary MacManus

Applicant

Vishal Junkeeparsad

Respondent

Procedural Posture

Civil Application / Consolidated Hearing of Two Applications for Payment of Outstanding Advocate Fees; Point of Law Raised by Respondent Determined

Legal Issues

  1. 1 Whether the respondent, in his personal capacity as attorney, can be sued and judgment entered against him for advocate fees.
  2. 2 Whether the respondent can be held directly and personally liable for the obligations of his incorporated professional firm without suing the firm.
  3. 3 Whether privity of contract exists between the applicants (advocates) and the respondent (attorney), or between the applicants and the clients.

Ratio Decidendi

The court held that, following the Legal Practice Act and the Code of Conduct, an attorney who instructs an advocate is personally liable for the advocate's reasonable fees, regardless of whether the attorney acts through an incorporated firm. The Code of Conduct now codifies this liability as a rule of law, not merely a professional practice or trade usage. The respondent, having instructed the applicants in his professional capacity, is liable to pay their reasonable charges, and the applicants are entitled to sue him personally without needing to sue the incorporated firm. The allegations of the applicants regarding the services rendered and the reasonableness of their charges are...

Court Disposition

Application granted. Judgment entered against the respondent personally for payment of outstanding advocate fees and costs.

Orders

  • In case no: 37003/2019, the respondent is to pay to the first applicant the amount of R1,653,880.00 plus interest at 10.25% per annum a tempore morae from 24 October 2019 until date of payment.
  • In case no: 37003/2019, the respondent is to pay to the second applicant the amount of R829,399.50 plus interest at 10.25% per annum a tempore morae from 24 October 2019 until date of payment.