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<< October 2007  | November 2007 |  December 2007 >>
Video of Modise's address available

A video of the address by Jacob Modise is available on Google Video by clicking here.  The footage is 60 mins long and unfortunately does not have the last 15 minutes of question time but the whole presentation is here.  It is a big file and you would be advised to click on the link, let it start downloading and ignore it, and then restart the playing at the beginning later!

Posted by Michael de Broglio on Monday 05-Nov-07   |  Permalink   |  0 Comments  Comments
Cheque fraud at Courts or Sheriff?

Attorneys need to watch out for cheque fraud.  In the last month, 4 separate cheques that I wrote in separate matters for subpoena's have turned up with the amounts altered from R50 to R4000 plus.  I am a cautious attorney, so there are no spaces, lines are drawn after words and we use pens with heavy ink.  The one thing each one of these matters had in common thus far is that they were issued at the Johannesburg Magistrates Court and then went to the Sheriff for service.  We have been lucky enough that all 4 suspects have in fact, on different days, been arrested.

Posted by Michael de Broglio on Wednesday 07-Nov-07   |  Permalink   |  0 Comments  Comments
Video being viewed
I see the video of the AGM address by Jacob Modise has already been viewed 23 times - and that's without a mention yet in the newsletter.  Incidentally, we are meeting with our legal advisers next week with regard to standrad documents for (paying) members in RAF matters next week.  This is a first for the profession - in terms of putting up video of a meeting and its always nice to lead the way!  We will probably use it more often - but in smaller 10 minute chunks in future.  The quality, despite compression, is good and the sound quality is excellent.
Posted by Michael de Broglio on Wednesday 07-Nov-07   |  Permalink   |  0 Comments  Comments
Swings and round abouts
The whole issue of fees is an interesting one – especially in time based matters where the client exaggerates, or worse, lies and the claim is settled for much less than originally anticipated.  The swings and round about principle, whereby you make up for the smaller cases on the bigger ones was dealt a death blow by the judgment of Nel & Another NNO vs The Master ( ABSA bank and others intervening) wherein the SCA said this was an untenable and unjustifiable position whereby big matters subsidize small matters.  So you must charge for the work you do, in the matters where you do it.  I guess sometimes one must look at the overall result too – but don’t think you will be rewarded later in a bigger matter just because you undercharge in smaller matters.

Posted by Michael de Broglio on Monday 12-Nov-07   |  Permalink   |  0 Comments  Comments
Law Society AGM
Today's Law Society AGM at Sun City was attended by yet another record audience.  It is interesting to see that black colleagues now attend the function in much bigger numbers than any other members - and are increasingly tired, from comments on the floor, of the 50:25:25 dispensation which allows the statutory component (mainly white, but not necessarily so) a 50% representation and the Balck Lawyers Association and NADEL 25% each.  A number of members called for representation on a vote basis and President Hussain said that the ideal situation was where people voted for candidates according to the their record.  Unfortunately with Rule 43 preventing canvassing or even advertising one's track record, the current rules prohibit that - somewhat sadly, I might add.  How does one vote for candidates if they are not even allowed to discuss their ideas for the future of the profession?
Posted by Michael de Broglio on Saturday 17-Nov-07   |  Permalink   |  0 Comments  Comments

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