Page 136 - The Circle of Life
P. 136

times (to the ZAR) more? No way this makes sense to me even if you are a rich

               man.

               Delay and postpone


               That  is  another  tactic  lawyer’s  use.  Delay and postpone as much as possible in

               the hope that your opponent run out of money or that you give up. Thus we find
               appeals  to  higher  courts  for  no  other  reason  than  time  wasting  and  of  course
               creating  excellent  fees.    Whenever  a  lawyer  takes  a  technical defense you can

               bet  your last penny that he has no case on merits. Meaning he is looking for a

               way  out  since  his  client  is  guilty.  That  by  the  way  is  allowed  and  part  of  the
               game.


               It  must  be  said  that  in  our  legal  system  you  sometimes need permission from
               the  Judge  to  lodge  an  appeal.  Refusal  will  lead  to  another  court  case  wasting

               even more time.


               We try to overcome this by ensuring an Arbitration exit in your contracts and to
               enforce them. That is the new way and it works very well. No contract should be

               without  it  and  it  must  be  binding  on  the  parties.  In  the  alternative  settle  the
               matter before wasting time and money on the courts. As said somewhere we try

               to minimise court time to zero.

               I  firmly  believe  that  law  is  way too expensive in Africa (including South Africa)

               and  unfair  towards  the  client.  But  I  really  have  no  idea  how  it  can  be  turned

               around.  Insurance  and  big  corporates  will  make  it  more  expensive  and  out  of
               reach of the common man. It can also be correctly said to be a business and a
               business  needs  money  to  survive.  Surely  no-one  denies  a  fair  wage  for  a  fair

               days work. Just make sure you know what you get into."


               You need to be wide awake to the shenanigans of lawyers and other professional
               men. Any settlement is give and take. I keep on saying this and will do so until it

               is fully understood. A good settlement is where both parties are most unhappy.


               Even  the  law  admits  that  no-one  should  be  better  off  after  divorce  and  they
               mean  the  spouses  and  not  the  lawyers.  You  simply  have  to  settle  and  get  on
               with your life. The big thing with settlements is to fully understand what you are



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