Can my attorney refuses to give me my file in South Africa?

• Neglect.
• Lack of communication.
• Misrepresentation or dishonesty.
• Scope of representation.
• Fee disputes.

What scares lawyers the most?

Lawyer fears may be described in a variety of ways, but most (or all) are ultimately the fear of mistakes.

How do I lodge a complaint against a lawyer in South Africa?

Complaints about attorneys should be lodged with the Legal Practice Council. Attorneys fall under the regulatory jurisdiction of the Legal Practice Council. Complaints must be lodged with the relevant office of the Legal Practice Council.

Can my attorney refuse to give me my file in South Africa?

The file should be handed over immediately upon request. If the attorney's fees are paid in full, the attorney cannot hold the file back for the cost of any copies that the attorney has made, because the attorney cannot charge the client for these copies.

Can I sue my lawyer for not doing his job?

Lawyers may make mistakes from time to time. A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

Can an attorney charge for copies of a file?

Of course, original documents belonging to the client must be returned. Lawyers may charge a client for the reasonable costs of duplicating or retrieving the client's file only if they had a written fee agreement, at the outset, allowing such a charge.

Why would an attorney refuse a case?

A conflict of interest could arise if an attorney has previously represented an opposing party or if the new case could somehow compromise their duties to an existing client. To maintain ethical standards and protect the interests of all clients, an attorney may decline to take on a case where a conflict exists.

Do lawyers take cases they know they can't win?

They don't take cases they don't feel they can win. This billing method used by most personal injury lawyers is called a contingency fee. As explained by the American Bar Association, this method involves the lawyer and the client entering into a contingent fee agreement at the start of the case.

Why do lawyers drag out cases?

It's frustrating when a legal case takes a long time to settle, but there are many reasons why your lawyer might need more time. They could be busy collecting evidence, dealing with complicated legal issues, or negotiating with the other side. Sometimes, waiting a bit longer can even result in a better outcome for you.

Can a lawyer drop your case without telling you?

First, the attorney must give the client proper notice of the intended withdrawal as well as notices of upcoming hearing dates, etc. The attorney must also notify the court of the client's contact information so that notices can be sent directly to the client following the withdrawal.

Is it illegal to withhold legal documents?

§ 152(9) Subsection (9) of Section 152 prohibits the fraudulent withholding of any recorded information--i.e., books, documents, records, and papers--related to the property or the financial affairs of the debtor.

What can an attorney not do?

In reality, a lawyer is strictly prohibited from misrepresenting the truth, about their client or about any other matter, before any tribunal or court and in communications to any involved party. That means that a lawyer can't misrepresent the nature or quality of your business during a contract negotiation.

What is it called when an attorney doesn't do his job?

Any time an attorney fails to meet the expected standards of his or her profession, their clients could take legal actions against them for what is called “legal malpractice.”

What to do if your lawyer is ignoring you?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face. Your next step would depend on the nature of the problem.

Can a lawyer turn against their client?

The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.

Can my attorney refuses to give me my file?

If you do read them, you'll find that they cover all types of conduct — from advertising to trust accounts to sexual relations — that lawyers can and can't engage in. As you can tell from the part I've bolded and underlined, the lawyer must return your files to you even if you the lawyer money for an unpaid invoice.

Can you sue for emotional distress in South Africa?

In American and South African law, if the emotional distress or psychological harm was reasonably foreseeable, then the defendant will be held liable for all harm despite the claimant's pre-existing condition.

What can I do if a company refuses to refund me in South Africa?

If you have a complaint and the supplier won't resolve it for you, you can complain to your provincial Consumer Affairs Office or the National Consumer Commission as well as other bodies. Whenever the Consumer Protection Act refers to 'business days' it means the days from Monday to Friday.

What is the attorney client privilege in South Africa?

Legal professional privilege (or, simply, “privilege”) may be invoked if the communication or document in question was (i) made to a legal adviser (ii) acting in a professional capacity, (iii) in confidence, (iv) for the purpose of pending litigation or for the purpose of obtaining professional advice.

What can you do if a judge is unfair in South Africa?

Complaints against judges. Any member of the public may file a complaint against a judge for misconduct. The complaint must be in the form of a sworn statement or affidavit setting out all the facts relating to the matter, and must be submitted to the JSC.

What are my rights as a client of a lawyer?

You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that you reveal in the course of the relationship, to the extent permitted by law.