Cape Law Society welcomes judgment against the buying of work

In a Judgment of the Cape High Court, (Case No 3475/04), Judges S Desai and Erasmus H J ruled against the buying of work by attorneys which can exist in various forms. This decision confirms the Cape Law Society's view that the independence of the profession is non-negotiable. This offers members of the public the reassurance that their freedom to choose an attorney in all legal matters will enjoy the protection of the courts. Members of the public are advised to ensure that they appoint the attorney of their choice. The public is cautioned to question any referral by a third party to attorneys. It also is important that the public fully understand the relationship between the attorney and the person making the referral. The client must understand the fees payable, discounts and rebates which the attorney will grant. Clients must insist on total transparency in the way all payments will be affected with all parties involved. The trust between an attorney and the client is paramount and should not be subject to any interventions by a third party. Members of the attorneys' profession also welcome the considered judgment. As a profession, attorneys have always called for strong action against the buying of work. This is a landmark judgment and sets a new normative standard dealing with the buying of work at all levels. The precedent will accelerate the campaign nationally to stop the buying of work. Contact details Nalini Gangen Director Cape Law Society 021 424-8060 Waalburg 28 Wale St Cape Town Mobile Phone: 082 800 5093 Nalini.Gangen@capelawsoc.law.za Ashoek Adhikari Vice-President aadhikar@pawc.wcape.gov.za Cape Law Society 0836258695 http://www.mediaweb.co.za/ArticleDetail.asp?ID=2936