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South Africa decisions
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Dayanand-Jugroop v Ngento (2022/23261) [2024] ZAGPJHC 302 (20 March 2024)
The High Court granted an advocate’s claim for unpaid professional fees, rejecting the respondent’s procedural objections and untimely challenge to the charges.
Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/22) [2023] ZASCA 112 (26 July 2023)
The Supreme Court of Appeal held that all directors of a law firm have a fiduciary duty and are jointly and severally liable for the firm's debts and liabilities, including misappropriation of trust funds, as per section 34(7) of the Legal Practice Act. Ignorance of financial matters does not absolve directors from liability or disciplinary consequences. The respondents' defence that they were 'salaried directors' or uninvolved in finances was rejected, as such a concept is not recognised in the Companies Act or the Legal Practice Act. The Court found that the requirements for interim suspens…
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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…
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