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South Africa Case Law

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Civil Procedure [2007] ZASCA 16

Van der Berg v General Council of the Bar of South Africa (270/06)

Van der Berg v General Council of the Bar of South Africa (270/06) [2007] ZASCA 16; [2007] SCA 16 (RSA); [2007] 2 All SA 499 (SCA) (22 March 2007)

The Supreme Court of Appeal held that the appellant breached his professional duties as an advocate in several respects. He failed to disclose material facts that were relevant to the truth of evidence placed before the court, thereby allowing misleading evidence to be presented. He received fees other than through an attorney, which was a consequence of acting without proper instructions. The appellant associated himself with a mandate that was detrimental to the reputation of the profession and made false statements in executing that mandate, lending his professional standing to a fraudulen…

  • Professional Misconduct
  • Disciplinary Proceedings
  • Advocate Ethics
  • Fees And Remuneration
  • Misrepresentation
  • Conflict Of Interest
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.