How do I find the best lawyer for my legal matter? My case is very complicated, and I need an advocate or attorney who can best handle it for me.

A good lawyer possesses a combination of skills, qualities, and attributes that contribute to their effectiveness in advocating for their clients and navigating the complexities of the legal system. Here are some key factors that make a good lawyer:

  1. Legal Knowledge and Expertise:

    • A strong foundation in legal principles and a deep understanding of the relevant laws and regulations.
    • Continuous learning and staying updated on changes in the legal landscape.

  2. Analytical and Critical Thinking:

    • The ability to analyze complex legal issues, identify key arguments, and think critically to develop sound legal strategies.

  3. Research Skills:

    • Proficient in legal research to find precedents, statutes, and case law that can support their client’s case.

  4. Communication Skills:

    • Effective communication, both oral and written, is crucial. Lawyers need to articulate their arguments persuasively in court, draft legal documents, and communicate clearly with clients.

  5. Negotiation Skills:

    • The ability to negotiate favorable settlements or agreements, finding common ground between conflicting parties without resorting to prolonged litigation.

  6. Problem-Solving Abilities:

    • Lawyers often face complex legal issues that require creative problem-solving skills to find innovative solutions.

  7. Ethical Judgment:

    • High ethical standards and a commitment to integrity are essential for maintaining trust with clients, colleagues, and the legal system.

  8. Client Advocacy:

    • A good lawyer is a strong advocate for their clients, understanding their needs and working diligently to achieve the best possible outcome.

  9. Time Management:

    • The legal profession often involves tight deadlines and heavy workloads. Effective time management is crucial to meeting deadlines and providing quality legal services.

  10. Emotional Intelligence:

    • The ability to understand and navigate the emotions of clients, opposing parties, and other stakeholders is important in resolving disputes and building effective relationships.

  11. Perseverance and Resilience:

    • The legal process can be challenging and lengthy. A good lawyer is resilient and remains committed to their client’s cause even in the face of setbacks.

  12. Professionalism:

    • Maintaining a professional demeanor, both in and out of the courtroom, is essential for building credibility and trust within the legal community.

  13. Business Acumen:

    • Understanding the business aspects of legal practice, including client management, billing, and law firm operations, is important for success in private practice.
While these qualities contribute to making a good lawyer (Attorney or Advocate), it’s important to note that the legal profession is diverse, and different specialities may require additional or slightly different skills. Adaptability and a willingness to learn and grow are also key attributes for a successful legal career.

Get in touch with us

If you require legal assistance, feel free to get in touch with us and we would be able to assist you.  
Posted on by Telelaw

How do I find the best lawyer for my legal matter? My case is very complicated, and I need an advocate or attorney who can best handle it for me.

A good lawyer possesses a combination of skills, qualities, and attributes that contribute to their effectiveness in advocating for their clients and navigating the complexities of the legal system. Here are some key factors that make a good lawyer:

  1. Legal Knowledge and Expertise:

    • A strong foundation in legal principles and a deep understanding of the relevant laws and regulations.
    • Continuous learning and staying updated on changes in the legal landscape.

  2. Analytical and Critical Thinking:

    • The ability to analyze complex legal issues, identify key arguments, and think critically to develop sound legal strategies.

  3. Research Skills:

    • Proficient in legal research to find precedents, statutes, and case law that can support their client’s case.

  4. Communication Skills:

    • Effective communication, both oral and written, is crucial. Lawyers need to articulate their arguments persuasively in court, draft legal documents, and communicate clearly with clients.

  5. Negotiation Skills:

    • The ability to negotiate favorable settlements or agreements, finding common ground between conflicting parties without resorting to prolonged litigation.

  6. Problem-Solving Abilities:

    • Lawyers often face complex legal issues that require creative problem-solving skills to find innovative solutions.

  7. Ethical Judgment:

    • High ethical standards and a commitment to integrity are essential for maintaining trust with clients, colleagues, and the legal system.

  8. Client Advocacy:

    • A good lawyer is a strong advocate for their clients, understanding their needs and working diligently to achieve the best possible outcome.

  9. Time Management:

    • The legal profession often involves tight deadlines and heavy workloads. Effective time management is crucial to meeting deadlines and providing quality legal services.

  10. Emotional Intelligence:

    • The ability to understand and navigate the emotions of clients, opposing parties, and other stakeholders is important in resolving disputes and building effective relationships.

  11. Perseverance and Resilience:

    • The legal process can be challenging and lengthy. A good lawyer is resilient and remains committed to their client’s cause even in the face of setbacks.

  12. Professionalism:

    • Maintaining a professional demeanor, both in and out of the courtroom, is essential for building credibility and trust within the legal community.

  13. Business Acumen:

    • Understanding the business aspects of legal practice, including client management, billing, and law firm operations, is important for success in private practice.

While these qualities contribute to making a good lawyer (Attorney or Advocate), it’s important to note that the legal profession is diverse, and different specialities may require additional or slightly different skills. Adaptability and a willingness to learn and grow are also key attributes for a successful legal career.

Get in touch with us

If you require legal assistance, feel free to get in touch with us and we would be able to assist you.

 

Related Post

[caption id="attachment_10828" align="alignnone" width="682"]Relocation consent Court Order for minor child to Ireland - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Ireland – Advocate Muhammad Abduroaf[/caption]

I want to relocate from South Africa to Ireland with my minor child. The other parent does not want my child to relocate to Ireland. What can I do?

Ireland is a popular destination to emigrate to. People emigrate from South Africa for many reasons. It ranges from better employment opportunities, family relations, or for a better standard of living. Whatever the reason a parent wants to relocate to Ireland, if a minor child will be joining that parent and also relocating to Ireland, then the parent remaining in South Africa’s consent would usually be required. Let us unpack the legal issues a parent may encounter when wanting to emigrate to Ireland. Before we do so, let us list the various cities and towns in Ireland to which you may want to relocate: Dublin, Cork, Galway, Limerick, Waterford, Drogheda, Dún Dealgan, Swords, Blackrock, Tralee, Carlow, Ennis, Dunleary, Kilkenny, Naas, Sligo, Monaghan, Ros Comáin, Mullingar, Tallaght, Wicklow, Clonmel, Wexford, Longford, Trim, Carrick on Shannon, Tullamore, Nenagh, An Cabhán, Port Laoise, Castlebar, Lifford. (https://simplemaps.com/data/ie-cities)  

Why do I require the other parent’s Consent to relocate to Ireland?

According to South African law, if you are a co-holder of parental responsibilities and rights over your minor child, you must consent to your child leaving South Africa. In this case, relocating to Ireland. Here we refer to section 18 of the Children’s Act 38 of 2005. The entire provision is as follows: 18 Parental responsibilities and rights  (1) A person may have either full or specific parental responsibilities and rights in respect of a child.  (2) The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right-  (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child.  (3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must-  (a) administer and safeguard the child’s property and property interests;  (b) assist or represent the child in administrative, contractual and other legal matters; or  (c) give or refuse any consent required by law in respect of the child, including-  (i) consent to the child’s marriage;  (ii) consent to the child’s adoption;  (iii) consent to the child’s departure or removal from the Republic;  (iv) consent to the child’s application for a passport; and  (v) consent to the alienation or encumbrance of any immovable property of the child.  (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the Consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Now let us explain what Parental Responsibilities and Rights are.

What are Parental Responsibilities and Rights of a parent in relation to a child?

As can be seen from section 18(2) of the Children’s Act, when we refer to Parental Responsibilities and Rights, we refer to the following: (a) to care for the child;  (b) to maintain contact with the child;  (c) to act as guardian of the child; and  (d) to contribute to the maintenance of the child. Therefore, if a parent has parental responsibilities and rights over a minor child, and accordingly, rights of guardianship, their Consent is required when it comes to issues of guardianship. As seen from section 18(3)(c) of the Children’s Act above, both parents’ Consent is required should a minor child depart from the Republic of South Africa. In this case, to emigrate to Ireland. Even if the minor child only wants to go for a short holiday to Ireland, both guardians’ Consent would be required.

When would the other parent be seen as a guardian in the case of a relocation matter to Ireland?

It must be noted that not all parents are legal guardians over their minor children. We should therefore distinguish between married or divorced parents and parents who were never married. As you would see below, usually married, or divorced parents’ Consent would be required for a minor child to relocate or emigrate to Ireland. However, that does not automatically apply to parents who were never married. This could be because the child could have been born from a brief encounter and never met his or her father. It would not make sense that a parent who never met his or her 15-year-old child, should give Consent for relocation to Ireland.

Mother’s Consent for relocation of the minor child to Ireland

Section 19 of the Children’s Act deals with the Parental responsibilities and rights of mothers. It states the following: 19 Parental responsibilities and rights of mothers  (1) The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.  (2) If-  (a) the biological mother of a child is an unmarried child who does not have guardianship in respect of the child; and  (b) the biological father of the child does not have guardianship in respect of the child, the guardian of the child’s biological mother is also the guardian of the child.  (3) This section does not apply in respect of a child who is the subject of a surrogacy agreement. As seen from section 19(1) of the Children’s Act, in most cases involving the relocation of a minor child to Ireland, the mother’s Consent is required as she has full parental responsibilities and rights over the minor child.

Married father’s Consent for the relocation of the minor child to Ireland

Section 20 of the Children’s Act deals with Parental responsibilities and rights of married fathers. It states the following: 20 Parental responsibilities and rights of married fathers The biological father of a child has full parental responsibilities and rights in respect of the child- (a) if he is married to the child’s mother; or (b) if he was married to the child’s mother at (i) the time of the child’s conception; (ii) the time of the child’s birth; or (iii) any time between the child’s conception and birth. As can be seen from sections 20 (a) and (b) of the Children’s Act, if the father and the mother were married, or are married, then his Consent is required for the minor child to relocate to Ireland. Of course, an exception to this would be should a court of law order otherwise. This would be the case should the parents be divorced and the divorce court ordered that only the mother may act as guardian. Next, we deal with the issue of an unmarried father’s Consent to relocate a minor child to Ireland.

Consent of unmarried fathers for the relocation of their minor children to Ireland.

Section 21 of the Children’s Act deals with parental responsibilities and rights of unmarried fathers. The section states the following: 21 Parental responsibilities and rights of unmarried fathers  (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-  (a) if at the time of the child’s birth he is living with the mother in a permanent life-partnership; or  (b) if he, regardless of whether he has lived or is living with the mother-  (i) consents to be identified or successfully applies in terms of section 26 to be identified as the child’s father or pays damages in terms of customary law;  (ii) contributes or has attempted in good faith to contribute to the child’s upbringing for a reasonable period; and  (iii) contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.  (2) This section does not affect the duty of a father to contribute towards the maintenance of the child.  (3) (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions set out in subsection (1) (a) or (b), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.  (b) Any party to the mediation may have the outcome  of the mediation reviewed by a court.  (4) This section applies regardless of whether the child was born before or after the commencement of this Act. As can be seen from the latter sections, a father of a child born out of wedlock does not automatically have parental responsibilities and rights over his minor child. He may however acquire those parental responsibilities and rights over his minor child if he is materially involved in the child’s life. That would be where the father and the mother were in a permanent life partnership when the child was born or he is meaningfully involved in the child’s life, as outlined above. We shall not go into much detail regarding that. However, in most cases, if the father had regular contact with the child and paid child support, he would have acquired parental responsibilities and rights over the minor child.

What do you do if the other parent does not want to consent to the minor child relocating to Ireland?

Suppose the other parent also has parental responsibilities and rights over the minor child, and he or she does not want to consent to the relocation of the minor child to Ireland, then in such a case, the Court needs to be approached. Here I refer you back to section 18(5) of the Children’s Act referred to above where it states: (5) Unless a competent court orders otherwise, the Consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3)(c). Therefore, after your Court Application has been launched an both sides have been heard, the Court would make the necessary Order. If you are successful in your application for the relocation of your minor children to Ireland, then the Court will make an Order similar to that which is shown below. [caption id="attachment_10827" align="alignnone" width="644"]Relocation consent Court Order for minor child to Ireland - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Ireland – Advocate Muhammad Abduroaf[/caption] [caption id="attachment_10828" align="alignnone" width="686"]Relocation consent Court Order for minor child to Ireland - Advocate Muhammad Abduroaf Relocation consent Court Order for minor child to Ireland – Advocate Muhammad Abduroaf[/caption]  

Posted on by Telelaw

Top tips and tricks from a Senior Family Law Advocate on claiming maintenance for a five-year-old child in Simon’s Town.

Child Maintenance is the right of the child, and not that of the parent. It is also not a privilege granted to parents who must pay it. It is their duty to pay child maintenance and support their children. Once the child is self-supporting (being able to care for him or herself), the obligation falls away. This can happen when the child is 18, 20, or even 30. It all depends on the circumstances of the case.

Claiming child maintenance for your child in Simon’s Town

Whether you claim child maintenance in Simon’s Town, or any other city in South Africa, the procedures would be the same. There are however two (2) courts that can deal with child maintenance matters. That is a divorce court, in a divorce matter, and a Child Maintenance Court. For this article, we will focus on claiming maintenance in a Maintenance Court matter in Simon’s Town.

The maintenance scenario – Simon’s Town South Africa

In this article, we will deal with the following fictitious scenario, in a child maintenance matter:

  1. The Child is seven years old and attends school in Simon’s Town
  2. The child is cared for by the mother who works in Simon’s Town
  3. The mother works and earns a Salary of R 10 000
  4. The father sees the child every second weekend. He also lives and works in Simon’s Town
  5. The child’s monthly expenses are R 6000 – 00 which includes food, clothing, accommodation, education, travel etc.
  6. The father earns a reasonable salary and can afford the R 20 000 – 00 per month
  7. The mother claims R 4 000 – 00 maintenance as the father earns double her salary

What is the first step the mother must take in claiming child maintenance?

The first thing the mother must do is work out exactly what the child costs by item. She breaks down the minor child’s living expenses, starting from rent or accommodation to groceries to school fees etc. Once she has done that, she would need to determine what exactly does the minor child cost per month, seeing that she will be asking the father to contribute towards that. As best as possible, she needs to collect proof of expenses. This can be in the form of receipts.

How does she start the legal process?

The mother now needs to approach the maintenance court in the area where she lives or works to lodge a complaint for child maintenance. If she lives or works in Simon’s Town, it would be the maintenance court in Simon’s Town. She will complete a Form A wherein she will provide all the expenses for her and the minor child. She would also have to stipulate her income. Once she completed the form and submitted it to the maintenance court, she must then follow the next step.

What do you do while waiting for the maintenance court date?

While you wait to be informed of the court date by the Maintenance Court of Simon’s Town, and up until the actual first court date, you need to ensure that you keep a record of all income and expenses for you and the child. This is very important as the court allocates maintenance based on recent income and expenses.

What happens at the first court appearance at the Simon’s Town Maintenance Court?

Once you have been notified of the maintenance court date by the Simon’s Town Maintenance Court, you need to ensure that you attend it. On that day, both you and the father of the child would appear before a maintenance officer. The maintenance officer would go through both your income and expenses as well as that of the father. If all the relevant information is not before the maintenance court, then the matter may be postponed in order for the parties to submit it.

The maintenance officer will try to settle the matter and have the parents come to an agreement regarding the amount of child maintenance to be paid. If they cannot come to an agreement regarding the child maintenance to be paid, the matter would have to proceed to a formal hearing or trial before a Magistrate.

How does the Maintenance Court hearing or trial work in Simon’s Town?

Essentially, the maintenance court is called upon to make a fair ruling regarding what is a fair amount of child support that needs to be paid. For that to happen, the parents would have to give evidence in that regard. The mother would present to the court what the child costs, what she contributes and what she requires the other parent to pay. The Father would have a right to question the mother and to present evidence as to why he cannot afford the amount requested or why he feels it is an unfair amount. The mother can they also question him.

At the end of the day, the Simon’s Town Maintenance Court would be able to properly determine what is a fair and adequate amount of child maintenance to pay after being presented will all relevant information. The Simon’s Town Maintenance Court should play an active role in determining what is a fair amount of child maintenance the father should pay.

The above child maintenance application principles should apply to the following provinces and cities:

Eastern Cape:

Alice, Butterworth, East London, Graaff-Reinet, Grahamstown, King William’s Town, Mthatha

Port Elizabeth, Queenstown, Uitenhage, Zwelitsha

Free State:

Bethlehem. Bloemfontein, Jagersfontein, Kroonstad, Odendaalsrus, Parys, Phuthaditjhaba, Sasolburg, Virginia, Welkom

Gauteng:

Benoni, Boksburg, Brakpan, Carletonville, Germiston, Johannesburg, Krugersdorp, Pretoria, Randburg, Randfontein, Roodepoort, Soweto, Springs, Vanderbijlpark, Vereeniging

KwaZulu-Natal:

Durban, Empangeni, Ladysmith, Newcastle, Pietermaritzburg, Pinetown, Ulundi, Umlazi

Limpopo:

Giyani, Lebowakgomo, Musina, Phalaborwa, Polokwane, Seshego, Sibasa, Thabazimbi

Mpumalanga:

Emalahleni, Nelspruit, Secunda, North West, Klerksdorp, Mahikeng, Mmabatho, Potchefstroom, Rustenburg, Northern Cape, Kimberley, Kuruman, Port Nolloth

Western Cape:

Bellville, Simon’s Town, Constantia, George, Hopefield, Oudtshoorn, Paarl, Simon’s Town, Stellenbosch, Swellendam, Worcester

 

 

 

Posted on by Telelaw

Do you intend running a business?

Below are frequently asked business questions. Feel free to post your questions below.

How can I run a small business? How do you make a business plan? How much does it cost to start a business? What are the steps to starting a small business? How can I start a small business? How can I get a business license? What is a good business plan? What are the key components of a business plan? How long does it take to get a business license? What is an example of a start up cost? What are the steps to becoming a business owner? How do I go about creating a food business? Do you need a business license for a home business? Do you need a business license to sell crafts? Do you have to have a business license to open a business? Do you need a business license to do freelance work? What is a good plan? Why a business plan is important? What are the three main causes of small business failure? What are the five components of a business plan? Do business licenses expire? What is a business license? How much money does it take to start a small business? Can I deduct expenses for starting a business? How do you become a small business owner? How can I be a successful entrepreneur? How do you get a food license? How much money do you need to open your own restaurant? Do you need a business license to start a home based business? Do you have to have a business license to sell on Etsy? How much money do you have to make to pay taxes on a business? Is a hobby income taxable? How much does it cost to get a business license? How do I get a license for my business? How do I start my own freelance business? How do I apply for a business license? What is a good business plan? How do you develop a strategic plan? Why should you develop a business plan? What are the important parts of a business plan? What are the major causes of business failure? Are small businesses important? What are the seven key elements of a business plan? What are the key components of a business plan? Can you run a business without a license? Do you have to file taxes for a business with no income? Do you need a business license for a home business? Do you need a business license to sell crafts? How much does a small business owner make a year? What is the average cost of starting a small business? Can I write off my business start up costs? What is an example of a start up cost? How can I start a small business? How do you become a small business owner? What are the advantages and disadvantages of being an entrepreneur? How do you become an entrepreneur? How much does it cost to get a food license? How do you get a food license? How much does a restaurant owner make a year? How much does it cost to own a Mcdonald’s? How much does it cost to get a business license? Do you need a business license to start a home based business? Do you need a tax ID to dropship? Do you have to have a business license to sell on Etsy? Is it required to have a business license? Do you have to have a license to sell on Ebay? How much money does a business have to make to pay taxes? How much does a business pay in taxes? How much money do you need to make to pay taxes? Where do you put hobby income? How can I get a business license? Do you need a business license for a home business? How do I start my own freelance business? Do you need a business license to do freelance work? Do you need a business license to sell crafts? How do I apply for a business license? What is a good business plan? What is a good plan? How do you develop a strategic plan? How do you create a strategy? Why should you develop a business plan? Why a business plan is important? What are the seven key elements of a business plan? What are the five components of a business plan? What are the three main causes of small business failure? What are the major causes of business failure? Are small businesses important? Why is it important to do business? What are the seven parts of a business plan? What are the four major components of a business plan? What are the components of a good business plan? What are the key components of a business model? What is an example of a start up cost? How much money does it take to start a small business? How much does it cost to start a business? How can I start my own small business? What is the average income of a small business owner? How do you become a small business owner? What are the disadvantages of becoming an entrepreneur? What are the main benefits of entrepreneurship? How can I be a successful entrepreneur? What training is needed to become an entrepreneur? How do you get a food license? How long does it take to get a business license? How much does it cost to get a food license? How much money do you need to open your own restaurant? How much does a restaurant owner make a year? How much money does a small restaurant make? How much does it cost to buy a Starbucks? How much does the average mcdonalds make a day? How can I get a business license? Do you need a business license for a home business? Can you sell products without a business license? Do you need a business license to start a home based business? Do you need a tax ID to dropship? Is drop shipping legal? Do you have to have a business license to sell on Etsy? Is it required to have a business license? What are the seven key elements of a business plan? What are the five components of a business plan? What are the four main sections of a business plan? Why a business plan is important? What are the three main causes of small business failure? What are the components of a good business plan? What are the key elements of a business model? What are the key components of a business model? What is an example of a start up cost? How much money does it take to start a small business? How much does a small business owner make a year? What is the average cost of starting a small business? How long does it take to get a business license? How much does it cost to start a business? What are the steps to starting a business? How can I start my own small business? Why do you need to write a business plan? What are the seven parts of a business plan? Can I own a Starbucks? How much does a Starbucks make in a day?

Posted on by Telelaw

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