Trust Account Advocate in South Africa – How does Advocate Muhammad Abduroaf’s Practice?

A relatively recent concept in South Africa is Trust Account Advocates, which came into existence in 2018. The referral advocate profession remains the prevalent type of Advocate to this day. To understand what a Trust Account Advocate is, one needs to understand what a referral advocate is. The Legal Practice Act provides a distinction between Trust Account Advocates and Referral Advocates.

What is a referral advocate in South Africa?

Prior to 2018, all advocates were referred to as only “Advocates”. Advocates were instructed by an attorney. What this meant was that a client would approach an attorney, who would, in turn, instruct and advocate to do work. The work the Advocate would be instructed to do predominantly relates to matters connecting to Court or litigation. Therefore, should a client want to claim money from someone, the attorney would instruct the Advocate to assist in the litigation process. This would include drafting court documents and appearing in Court. The attorney would attend to the administrative matters regarding the case. For example, writing letters, copying documents, filing at Court, and ensuring that everything is in order. The Advocate would then invoice the attorney for work done.

How does a Trust Account Advocate operate in South Africa?

A Trust Account Advocate would be a hybrid between an attorney and a Referral Advocate. The Trust Account advocate would generally do work that referral advocates do; however, they also do work that an attorney would do. The client would, however, pay fees directly to the Trust Account Advocate into his or her Trust Account. This is not possible for Referral Advocates, where fees must be paid into the Attorneys Trust Account. It can only be paid to the Advocate after the work is done.

How does Advocate Muhammad Abduroaf operate as a Trust Account Advocate?

Advocate Muhammad Abduroaf’s practice is a general litigation practice. The client would approach his firm directly for an impending legal matter. After a consultation with Adv. Muhammad Abduroaf and it is resolved that the matter requires his attention, he would take on the matter. If fees are paid in advance, they will be paid into his Trust Account. The same as an attorney would do. The main difference between his practice and that of an attorney working with a Referral Advocate is that the client would deal directly with him as the Advocate in the matter. Not via the attorney.

How do I instruct Advocate Muhammad Abduroaf?

If you wish to instruct Advocate Muhammad Abduroaf in a legal matter, feel free to contact him. His website is www. abduroaf.co.za. You may also contact him using the number 021 1110090.    

Trust Account Advocate in South Africa – How does Advocate Muhammad Abduroaf’s Practice?

A relatively recent concept in South Africa is Trust Account Advocates, which came into existence in 2018. The referral advocate profession remains the prevalent type of Advocate to this day. To understand what a Trust Account Advocate is, one needs to understand what a referral advocate is. The Legal Practice Act provides a distinction between Trust Account Advocates and Referral Advocates.

What is a referral advocate in South Africa?

Prior to 2018, all advocates were referred to as only “Advocates”. Advocates were instructed by an attorney. What this meant was that a client would approach an attorney, who would, in turn, instruct and advocate to do work. The work the Advocate would be instructed to do predominantly relates to matters connecting to Court or litigation. Therefore, should a client want to claim money from someone, the attorney would instruct the Advocate to assist in the litigation process. This would include drafting court documents and appearing in Court. The attorney would attend to the administrative matters regarding the case. For example, writing letters, copying documents, filing at Court, and ensuring that everything is in order. The Advocate would then invoice the attorney for work done.

How does a Trust Account Advocate operate in South Africa?

A Trust Account Advocate would be a hybrid between an attorney and a Referral Advocate. The Trust Account advocate would generally do work that referral advocates do; however, they also do work that an attorney would do. The client would, however, pay fees directly to the Trust Account Advocate into his or her Trust Account. This is not possible for Referral Advocates, where fees must be paid into the Attorneys Trust Account. It can only be paid to the Advocate after the work is done.

How does Advocate Muhammad Abduroaf operate as a Trust Account Advocate?

Advocate Muhammad Abduroaf’s practice is a general litigation practice. The client would approach his firm directly for an impending legal matter. After a consultation with Adv. Muhammad Abduroaf and it is resolved that the matter requires his attention, he would take on the matter. If fees are paid in advance, they will be paid into his Trust Account. The same as an attorney would do. The main difference between his practice and that of an attorney working with a Referral Advocate is that the client would deal directly with him as the Advocate in the matter. Not via the attorney.

How do I instruct Advocate Muhammad Abduroaf?

If you wish to instruct Advocate Muhammad Abduroaf in a legal matter, feel free to contact him. His website is www. abduroaf.co.za. You may also contact him using the number 021 1110090.

 

 

Related Post

Our Lawyer Legal Services – South Africa

Make sure you have the right lawyers on your side. Contact Our Lawyer (Pty) Ltd for all your legal needs.
To connect, click here. [caption id="attachment_8338" align="alignleft" width="640"] Justice Court Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8332" align="alignleft" width="640"] Rights Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8337" align="alignleft" width="503"] Legal Document Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8336" align="alignleft" width="640"] Legal Representation Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8335" align="alignleft" width="640"] Contracts Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8334" align="alignleft" width="640"] Lawyer Legal Services and Advice Cape Town South Africa[/caption] [caption id="attachment_8333" align="alignleft" width="640"] Consultation Legal Services and Advice Cape Town South Africa[/caption]

[caption id="attachment_7078" align="alignleft" width="246"]Advocate of the High Court of South Africa Family Law legal Services Advocate Muhammad Abduroaf – Advocate of the High Court of South Africa[/caption]

ABC guide to applying for Child Support/Child Maintenance

Child Maintenance Guide: Written by Advocate Muhammad Abduroaf The procedures to be followed in instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to get you started in claiming maintenance for yourself, your children or dependents. This I wrote in order to encourage people to claim needed maintenance for their children or for themselves. Remember, the Maintenance Court would be more than happy to assist you with whatever other legal queries you may have. Before I deal with the simple steps that should be followed in claiming maintenance, I shall first deal with the following question:

Q: From whom may maintenance be claimed?

A: Maintenance may be claimed from persons who have a legal obligation to maintain you. For instance, children can claim maintenance from their parents or a wife from her husband and visa versa. Seeing that children are minors, they are assisted by their parent or guardian through the maintenance process, but in actual fact, it is the child who is claiming. For the purposes of the steps below, I shall structure it as if a parent or guardian is claiming maintenance on behalf of the child.

Income and Expenses – Step 1 …

Get hold of all your proof of income. E.g. pay slips. If you are not working for an employer, you should get hold of proof that you earn a certain amount of money per month. If you are unemployed, that is in order. Get together a list of all monthly expenses incurred for yourself and your children. This would include rent, groceries, clothes, entertainment, etc. This information is required when filling in the maintenance application form that is dealt with in Step 2 below. Find out all the details of the person from whom you are requesting maintenance. For example, his/her home and work address and identity number.

Visit the Maintenance Court – Step 2 …

Go to the Maintenance Court closes to your area and obtain an “Application for Maintenance Order Form” also referred to as “Form A”. Use the information you have gathered in Step 1 and fill in the form. The form is in the form of an affidavit and you, therefore, have to swear to the correctness of the information under oath and sign. Therefore, do not hide any information for the Court. Caution: If your information is not 100 % correct, you may be cross-examined on such correctness in Court and if it is found that you were not totally honest, this would not be in your favour. If you require any assistance in filling in the form, the maintenance officers would be happy to assist you. Once you have filled in the Application for Maintenance Order Form, return it to the maintenance officer who will process it for you. If the maintenance officer can provide you with a reference/case number there and then, request it. The Maintenance Court will send you and the person you are claiming maintenance from a letter or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Diarise the date immediately and make arrangements with your work and a babysitter as soon as possible. If you miss the date, it can take months to get another.

advice-child-maintenance-child-custody-divorceGet your document in order – Step 3…

From the time you left the office of the maintenance officer and even from the time you decided to claim maintenance, keep all receipts you received for any items bought for you and your child. Therefore, if you buy nappies for your child or even a toy, keep that receipt as if it is gold. This is due to you having to prove to the court that you really do spend money on the child and you have the receipts to prove it. You will soon hear from the Maintenance Court where they will be giving you a date to appear back at the Maintenance Court for an inquiry. They would either inform you by post or by a subpoena. On that date, both you and the person from whom maintenance is claimed would have to appear. If you are planning on making use of a legal representative, inform him/her early about the date so that he/she can be available to assist you at Court. [video width="1920" height="1080" mp4="https://www.ourlawyer.co.za/wp-content/uploads/Child-Custody-Visitation-and-Contact.mp4"][/video] In the notice to appear for the maintenance enquiry, it is requested that you bring proof of all expenses and income for you and your child. This is why it is so very important for you to keep all proof of expenditure in a safe place. Hint: If you can afford to, bring original proof of expenditure and income and a photocopy thereof. The original you would then be able to take back home and bring it back when requested and the copy will stay in the Court file.

The Maintenance Enquiry – Step 4 …

This step deals with the maintenance enquiry where you and the person from whom you are claiming maintenance from will appear before a maintenance officer. The maintenance officer will speak to each of the parties and look at the documents provided. Each party will get a chance to explain why he/she requires maintenance and also why he/she can’t afford the maintenance requested. The maintenance officer will as far as possible try to resolve the matter there and then without it having to go to court. If the parties can agree to an amount, this amount can be made an order of the court. If however an agreement cannot be reached at this stage, the matter, depending on the Court will either be referred to a prosecutor or for trial. advice-child-maintenance-child-custody-divorceRemember, if you are a father or a person currently paying maintenance/child support, a reduction is possible. The same goes for an application for an increase in maintenance/child support

Sharing is Caring

This and other articles and posts found on this website are written by Adv. Muhammad Abduroaf to assist people with various family law related issues they may have. If you find any of our articles, free resources and posts interesting, or possibly useful to others, please share it on Social Media. Should you require any other legal services and advice, not related to family law, visit Private Legal. Purchase a Consultation with us from our Online Shop, by clicking here. [caption id="attachment_8258" align="alignleft" width="476"]Child Custody and Visitation Child Custody Visitation and Contact[/caption]

Do you require a video legal advice consultation?

Click here and schedule one today!