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:

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.
Analytical and Critical Thinking:
- The ability to analyze complex legal issues, identify key arguments, and think critically to develop sound legal strategies.
Research Skills:
- Proficient in legal research to find precedents, statutes, and case law that can support their client’s case.
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.
Negotiation Skills:
- The ability to negotiate favorable settlements or agreements, finding common ground between conflicting parties without resorting to prolonged litigation.
Problem-Solving Abilities:
- Lawyers often face complex legal issues that require creative problem-solving skills to find innovative solutions.
Ethical Judgment:
- High ethical standards and a commitment to integrity are essential for maintaining trust with clients, colleagues, and the legal system.
Client Advocacy:
- A good lawyer is a strong advocate for their clients, understanding their needs and working diligently to achieve the best possible outcome.
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.
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.
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.
Professionalism:
- Maintaining a professional demeanor, both in and out of the courtroom, is essential for building credibility and trust within the legal community.
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 11 February 2025 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.

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.
Analytical and Critical Thinking:
- The ability to analyze complex legal issues, identify key arguments, and think critically to develop sound legal strategies.
Research Skills:
- Proficient in legal research to find precedents, statutes, and case law that can support their client’s case.
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.
Negotiation Skills:
- The ability to negotiate favorable settlements or agreements, finding common ground between conflicting parties without resorting to prolonged litigation.
Problem-Solving Abilities:
- Lawyers often face complex legal issues that require creative problem-solving skills to find innovative solutions.
Ethical Judgment:
- High ethical standards and a commitment to integrity are essential for maintaining trust with clients, colleagues, and the legal system.
Client Advocacy:
- A good lawyer is a strong advocate for their clients, understanding their needs and working diligently to achieve the best possible outcome.
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.
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.
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.
Professionalism:
- Maintaining a professional demeanor, both in and out of the courtroom, is essential for building credibility and trust within the legal community.
Business Acumen:
- Understanding the business aspects of legal practice, including client management, billing, and law firm operations, is important for success in private practice.

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.

Relocating from South Africa with your child – When do you need consent from the father?
Relocation – If you were born and raised in South Africa, it does not mean that you have to live there for the rest of your life. There are opportunities elsewhere in the world to live and continue your life’s journey. This may include a neighbouring country, or on another continent like Europe. Wherever it is, there are a few things to consider should you wish to relocate with your minor child. This is especially so if you are not relocating with the father. If you are the only parent to your child, then this article may not apply to you. This is where we will start off this article.

The other parent when it comes to relocation

If you are a mother and was never married to the father of your child, the father may have guardianship rights. This would be the case even though the father’s name is not mentioned on the child’s birth certificate. This is so as the Children’s Act affords certain rights to unmarried fathers. Therefore, if an unmarried father has parental rights and responsibilities of guardianship, his consent is required. This we deal with next.

Guardian’s Consent for relocation and passport – What does the law say?

The Children’s Act states the following: 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) .

Consent to the child’s departure or removal from the Republic of South Africa and Passport

As can be seen above, section 18(3)(c)(iii) and (iv), read with section 18(5) of the Children’s Act; both guardians’ consent is required for the minor child’s departure or removal from South Africa and for a passport. Therefore, should a mother decide to relocate to Canada, for example, she would need the father’s consent if he is a guardian. Now it is clear that not all fathers are guardians of their children. Here the law differentiates between married and unmarried fathers.

Parental responsibilities and rights of married fathers

Section 20 of the Children’s Act deals with the 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. From the above, it is a given, that fathers who were married to the mother, as described above should consent for the relocation and application for a passport of the minor child. This is so as full parental responsibilities and rights include the right of guardianship over the child.

Parental responsibilities and rights of unmarried fathers

Section 21 of the Children’s Act deals with Parental responsibilities and rights of unmarried fathers. It 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. Analysing the above, it is clear that only if an unmarried father played a material role in the child’s life, as stipulated, he acquired the parental responsibility and right of guardianship over the child. Therefore, his consent would be required for the relocation and application for a passport.

What if a father does not want to consent to the relocation and application for a passport?

If the father does not want to consent to the relocation and application for a passport of the minor child and he has legal guardianship over that child; section 18(5) of the Children’s Act referred to above finds application. The mother would then have to approach the High Court to dispense with the father’s consent.

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Posted on 11 February 2025 by Telelaw

Can my family and I be evicted from our home during Lockdown Alert Level 2? What are the changes to the regulations?
At 00:01 this morning (18 August 2020), South Africa moved to lockdown alert level 2. A change was made to the eviction laws. In short, it is now possible to evict people from their homes. However, a court may stay or suspend the eviction order “if it is of the opinion that it is just or equitable to do so”. Read on further below to learn more on this issue. Furthermore, almost all economic activities are allowed, except for the following:
Night clubs.
International passenger air travel for leisure purposes.
Passenger ships for international leisure purposes.
Attendance of any sporting event by spectators.
International sports events.
Exclusions relating to public transport services as set out in the directions issued by the Cabinet member responsible for transport.
Exclusions relating to education services as set out in the directions issued by the Cabinet members responsible for education.
Evictions during the National Lockdown
In terms of the previous Disaster Management Act Regulations, eviction orders were to be stayed and suspended until the last day of the alert level 3 period. This only related to your home or land. The court dealing with the eviction matter could order that the eviction not be stayed and suspended if it decides that it is not just and equitable to do so until the last day of the Alert Level 3 period. However, if the court determines it isn’t just and equitable to suspend the eviction order, it may order that the eviction takes place during level 3. Read this article dealing with the issue.

Alert level 2 Eviction Regulations during the Lockdown

The following are the regulations regarding evictions which came into effect at 00h01 this morning. “Eviction and demolition of places of residence

(1) A person may not be evicted from his or her land or home or have his or her place of residence demolished for the duration of the national state of disaster unless a competent court has granted an order authorising the eviction or demolition.

(2) A competent court may suspend or stay any order for eviction or demolition contemplated in subregulation (1) until after the lapse or termination of the national state of disaster unless the court is of the opinion that it is not just or equitable to suspend or stay the order having regard, in addition to any other relevant consideration, to- (a) the need, in the public interest for all persons to have access to a place of residence and basic services to protect their health and the health of others and to avoid unnecessary movement and gathering with other persons; (b) any restrictions on movement or other relevant restrictions in place at the relevant time in terms of these regulations; (c) the impact of the disaster on the parties; (d) the prejudice to any party of a delay in executing the order and whether such prejudice outweighs the prejudice of the person who will be subject to the order; (e) whether any affected person has been prejudiced in his or her ability to access legal services as a result of the disaster; (f) whether affected persons will have immediate access to an alternative place of residence and basic services; (g) whether adequate measures are in place to protect the health of any person in the process of a relocation; (h) whether any occupier is causing harm to others or there is a threat to life; and (i) whether the party applying for such an order has taken reasonable steps in good faith, to make alternative arrangements with all affected persons, including, but not limited to, payment arrangements that would preclude the need for any relocation during the national state of disaster. (3) A court hearing any application to authorise an eviction or demolition may, where appropriate and in addition to any other report that is required by law, request a report from the responsible member of the executive regarding the availability of any emergency accommodation or quarantine or isolation facilities pursuant to these regulations.” It is therefore now allowed to evict persons from their homes. However, the eviction order may be suspended or stayed until the end of the national state of disaster based on the factors mentioned above.

Posted on 11 February 2025 by Telelaw