Vrystaatse Vereniging van Advokate v Meyer (2736/2006) [2006] ZAFSHC 56 (7 December 2006)

Vrystaatse Vereniging van Advokate v Meyer (2736/2006) [2006] ZAFSHC 56 (7 December 2006)

The court found that the respondent repeatedly accepted instructions directly from members of the public, negotiated and received fees without the intervention of an attorney, and communicated directly with opposing parties. The respondent attempted to create the false impression that he acted on instructions from attorneys by fabricating general mandates, and he misled the court regarding such mandates. The respondent's conduct demonstrated a disregard for the ethical and professional rules governing advocates and a lack of integrity and responsibility expected of members of the profession. The respondent failed to dispute the evidence presented by attorneys who denied ever instructing...

Citation
[2006] ZAFSHC 56
Parties
Applicant: Die Vrystaatse Vereniging van Advokate; Respondent: Johan Meyer
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 December 2006
Case Number
2736/2006
Procedural Posture
Urgent Application / Final Judgment
Outcome
Application granted: Respondent's name is struck from the roll of advocates; costs awarded on party-and-party scale.
Judges
G.A. Hattingh, C.H.G van der Merwe
Legal Topics
Professional Misconduct, Scrapping From Roll, Advocate Ethics, Costs Order
Civil Procedure Commercial and Corporate Professional Misconduct Scrapping From Roll Advocate Ethics Costs Order

Case Brief

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Parties

Die Vrystaatse Vereniging van Advokate

Applicant

Johan Meyer

Respondent

Procedural Posture

Urgent Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent's conduct justifies his removal from the roll of advocates.
  2. 2 Whether the respondent acted in contravention of the ethical and professional rules governing advocates.
  3. 3 Whether the applicant is entitled to a punitive costs order.

Ratio Decidendi

The court found that the respondent repeatedly accepted instructions directly from members of the public, negotiated and received fees without the intervention of an attorney, and communicated directly with opposing parties. The respondent attempted to create the false impression that he acted on instructions from attorneys by fabricating general mandates, and he misled the court regarding such mandates. The respondent's conduct demonstrated a disregard for the ethical and professional rules governing advocates and a lack of integrity and responsibility expected of members of the profession. The respondent failed to dispute the evidence presented by attorneys who denied ever instructing...

Court Disposition

Application granted: Respondent's name is struck from the roll of advocates; costs awarded on party-and-party scale.

Orders

  • The name of the respondent is forthwith struck from the roll of advocates.
  • The Registrar of this Court is authorised and directed to notify the relevant division of the Department of Justice responsible for maintaining the roll of advocates of this order.