Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter. 

Trust Account Advocate – A relatively new concept

The concept of a Trust Account Advocate is relatively new in South Africa. Previously, all advocates were referral advocates. What this meant is that they could only receive work from an attorney. There were some exceptions. A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney.

What is an advocate?

An advocate, just as an attorney, is a professional who is qualified and licensed to practice law, advise clients, and represent them in legal matters. They are also responsible for upholding the law and protecting the rights of their clients. As you can see below, there is a distinction between attorneys and advocates. And between referral advocates and Trust Account Advocates.

What are the various forms of legal practice in South Africa?

There three forms of legal practice in South Africa. This is according to the Legal Practice Act 28 of 2014. Here, section 34 of the Legal Practice Act applies which states: 34 Forms of legal practice (1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service. (2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law-      (i) upon receipt of a brief from an attorney; or     (ii) upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b). (b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she-      (i) is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87;     (ii) has notified the Council thereof in terms of section 30 (1) (b) (ii). (c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

What type of advocate is Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf is a Trust Account Advocate. He may, therefore, obtain work directly from the public. When clients pay him in advance for legal services, they pay the fees into his Trust Account.
Posted on by Telelaw

Could you kindly enlighten me on the meaning of a Trust Account Advocate in South Africa? I would greatly appreciate your clarification on this matter. 

Trust Account Advocate – A relatively new concept

The concept of a Trust Account Advocate is relatively new in South Africa. Previously, all advocates were referral advocates. What this meant is that they could only receive work from an attorney. There were some exceptions.

A Trust Account Advocate, on the other hand, can obtain work directly from members of the public. There is, therefore, no need for an instructing attorney.

What is an advocate?

An advocate, just as an attorney, is a professional who is qualified and licensed to practice law, advise clients, and represent them in legal matters. They are also responsible for upholding the law and protecting the rights of their clients. As you can see below, there is a distinction between attorneys and advocates. And between referral advocates and Trust Account Advocates.

What are the various forms of legal practice in South Africa?

There three forms of legal practice in South Africa. This is according to the Legal Practice Act 28 of 2014. Here, section 34 of the Legal Practice Act applies which states:

34 Forms of legal practice

(1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service.

(2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law-

     (i) upon receipt of a brief from an attorney; or

    (ii) upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b).

(b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she-

     (i) is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87;

    (ii) has notified the Council thereof in terms of section 30 (1) (b) (ii).

(c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

What type of advocate is Advocate Muhammad Abduroaf

Advocate Muhammad Abduroaf is a Trust Account Advocate. He may, therefore, obtain work directly from the public. When clients pay him in advance for legal services, they pay the fees into his Trust Account.

Related Post

There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry.

On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. It is the case of N v M (CA127/2018) [2019] ZAECGHC 73.  The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019. The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer to play an active role in a maintenance enquiry.

Factual Background of the Case

This was an appeal in relation to a child maintenance award made by a magistrate in a maintenance enquiry in the Port Elizabeth Maintenance Court. The maintenance enquiry was concluded on 14 November 2017. On 22 December 2017, the magistrate delivered his written judgment. Therein he made an order that the Respondent (the father) should pay child maintenance in the sum of R1 000 – 00 per month. The mother was not happy with the award and appealed it. Advocate Abduroaf accordingly argued the matter before the Full Bench. Judgement was delivered on 06 August 2019. Herewith is an extract of the Judgment where the Appeal court quoted Advocate Abduroaf: [caption id="attachment_8370" align="alignleft" width="1499"]Judgment - Appeal - Advocate Muhammad Abduroaf Judgment – Appeal – Advocate Muhammad Abduroaf[/caption] At the end the Appeal court made the ruling in favour of the mother. As follows: [caption id="attachment_8369" align="alignleft" width="1584"] Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown[/caption]   We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
Posted on by Telelaw

Relocation with my minor child to Indonesia, Denpasar (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Denpasar, Indonesia

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Kuruman or Rustenburg, South Africa, and you want to relocate to Denpasar, Indonesia, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Denpasar, Indonesia?

The same applies when it comes to your minor child applying for a South African passport to relocate to Indonesia, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Denpasar, Indonesia with my minor child? There is another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Denpasar, Indonesia.

What can I do if the other parent does not want to consent to the minor child’s relocation to Denpasar, Indonesia?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Denpasar, Indonesia, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Denpasar, Indonesia. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Denpasar, Indonesia, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Denpasar, Indonesia?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Denpasar, Indonesia – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Denpasar, Indonesia, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Denpasar, Indonesia

If you require legal assistance or representation with relocating to Denpasar, Indonesia due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Posted on by Telelaw

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