The Type of Lawyer I Am

"What kind of attorney are you?"

​This kind of question has come up a lot lately. This was not something that somebody would always ask me during the early years. When I served my articles at Legal Aid, whoever had any kind of legal problem approached me and already assumed that I was able to help. Later on, when I started working in private firms, I was also approached by clients who didn't bother to ask what kind of attorney I was; they just brought their problems to me and asked me to solve them.

​A large part of these legal problems were court cases. Most of them were civil disputes. A rather large part of them were divorces. During my years as a candidate attorney with Legal Aid, I have done a lot of criminal work but, when I started charging for my services, criminal work was the one type of legal work that I have stopped receiving on a regular basis. Due to the fact that criminal clients are often people who just approached me for a bail application or for assistance with getting charged at a police station, I have begun to ask for sums of money like R8,000 upfront before I even engage in such work because a client like that often disappeared as soon the work was done and there was no way of recovering the money from him afterwards.

​Wherever I worked, I did not have the luxury of saying that I do not do this or that type of work. I had to handle any file that was placed on my desk by my employer or somebody who spoke on behalf of my employer. It is also strange that, in my early years, whenever I was in a social setting or at family gatherings, people there did not bother to ask what type of attorney I was before they started telling me about their legal problems and asking for advice.

​Transparent and Dedicated

​Now that I have opened my office in Sonpark (the one where people often go to have their affidavits commissioned and their ID copies certified), people somehow seem to have become more cautious about approaching me for advice and assistance. When a stranger does begin speaking to me, he or she often ends up asking this very question of what type of attorney I am.

​Well—apart from being the type of attorney who has learned to handle any type of problem that is brought to him, I can also mention that, in all of the private firms where I have worked, I have proven myself to be that type of attorney who often finds a way to move forward in a matter where other attorneys get stuck. In many of these firms, attorneys who could not see any way forward with a particular file, or who just did not enjoy the type of work that was given to them, would bring these files to me or even just place these files on my desk in my absence. Without fail, I would take over those files and move those matters to a finalization.

​I can further say that I am the type of attorney that is transparent in his dealings, who is also known to report to his clients on a regular basis. This blog post is rather long and I deem it unlikely that I would give such a long answer in the next conversation in which this question ever comes up again. Nonetheless, you have read this blog post and no longer have to wonder.

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Navigating the Landscape of Maintenance Claims: A Legal Guide

 Understanding the the nuances of maintenance claims is crucial, as the legal framework differs based on the specific circumstances. This blog post explores the distinct instances where maintenance is claimed, from child to married to divorced spouse.

Maintenance for a Child and a Married Spouse

In the cases of a child and a married spouse, a mutual duty of support exists. For a child, both parents are obligated to provide maintenance based on their respective means, while for a married spouse, this duty is reciprocal during the marriage. The process typically involves approaching the maintenance court to obtain a maintenance order.

The Context of Divorce

In the case of a divorced spouse, maintenance is part of the divorce proceedings, typically claimed through the particulars of claim to the divorce summons. The court maintains discretion, guided by principles like the clean break principle, while considering factors such as financial needs and earning capacity.

The Often Forgotten Topic: Duty of Children to Maintain Parents

In South African law, the principle of reciprocal support is a key component, extending beyond the more common duties. There is an often overlooked duty for children to maintain their parents in certain circumstances. This duty is based on common law and is not bound by the child's age, but rather by the parent's genuine need (indigence) and the child's financial ability to provide, without compromising their own necessities.

How Maintenance Is Claimed

The process for claiming maintenance varies depending on the circumstances. In the case of a divorced spouse, the claim is typically made through the particulars of the divorce summons. For a child or a spouse in an existing marriage, maintenance is usually claimed through an application for a maintenance order brought to the maintenance court. 

Similarly, a parent also approaches the maintenance court to apply for an order. 

Additionally, applications for interim maintenance can also be sought, for a child as well as a spouse, often in terms of Rule 43 of the High Court Rules or Rule 58 of the Magistrates' Court Rules. This is intended to protect a spouse and child from being left destitute by divorce proceedings that take too long to be finalised. Intentionally dragging out proceedings in order to make this kind of application is however an abuse of process and can be met with punitive measures from the Court.

Conclusion: The Imperative of Legal Engagement and Assistance

Regardless of which side of a maintenance dispute you are on, it is never a good idea to avoid the court. If you are the party claiming maintenance, the court assists you in being awarded the amount of maintenance that is appropriate under your circumstances. Conversely, if you are the party against whom a claim is being made, the court can help ensure that you are not unduly exploited and forced to pay more than you can afford.