Legal Process
11 frequently asked questions about legal process
Legal Counsellors will draft letters for Paralegal Services rendered on a Member's behalf. Our Legal Counsellors have the requisite knowledge to assist with Paralegal Services, they can also assist with letters of demand (LOD), which carries the same authority as a LOD written by a Lawyer. Our Legal Counsellors are legally trained individuals whose minimum qualifications vary from a Paralegal Diploma to a 4 year law degree (LL.B.). We also employ qualified Legal Practitioners who are enrolled as non-practising Attorneys or Advocates.
A Legal Counsellor can assist by sending a letter of demand (notice to vacate) to an unlawful occupier of immovable property. If the occupier/s do not move out by the date stipulated in the letter, a Member can be referred to a Lawyer to assist with an eviction application, provided the Relevant Events arose after the waiting period, whilst the Membership was fully paid up. If it relates to the Member's permanent place of residence, the event must have taken place in the RSA.
Our Paralegal services and Claims staff are legally trained individuals whose minimum qualifications vary from a Paralegal Diploma to a 4 year law degree (LL.B.). We also employ qualified Legal Practitioners who are enrolled as non-practising Attorneys or Advocates.
Drafting simple Wills is available to all Members. Drafting complicated Wills is available to GoldPlus and Platinum Members internally. Additionally, Panel Attorney drafted Wills are exclusively available to Platinum Members.
Storage services are available for all Wills for GoldPlus and Platinum Members.
This refers to the in-house legal assistance offered to you in an attempt to prevent the need for litigation. Through this service many disputes, potential disputes and court cases are avoided. It is important to note that in some cases, legal action is inevitable.
A cause of action that is vexatious will be characterised by proceedings that are instituted without sufficient grounds for suing, and are normally brought to cause annoyance or embarrassment to the Defendant. A cause of action that is malicious will be found in an action brought with the intention to harm people or their reputation, or cause them embarrassment and distress.
Our Platinum Membership option offers a 60% discount on the transfer fees only and is limited to the services of our preferred Conveyancer.
LegalWise assists with the drafting of letters of demand addressed to third parties in matters pertaining to the Small Claims Court and other kinds of disputes, provided that no exclusion applies (as in the case of deceased estates and tax matters).
Legal representation is not always allowed in internal company disciplinary proceedings. Where legal representation is permitted at an internal company inquiry, we will pay to have a Network Lawyer represent you, if covered. In addition, legal representation is not allowed by law at the conciliation phase at the CCMA. It is only in arbitration proceedings and at the Labour Court where you may be represented by a Lawyer. We will assess the merits of your case for cover.
At minimum, we would need the person's name, surname and available contact details. Tracing a debtor is an Insurance benefit only. If the claim is covered, we allow the Attorney to appoint up to 3 tracers on a "no trace, no fee" basis, which means that we will only pay the tracer if there is a successful trace. It should be noted that the legal debt recovery process is premised on the debtor being located and being of sufficient means to repay the debt.
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