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Judge reads Gauteng lawyers the riot act on undeserving civil cases

https://www.iol.co.za/the-star/news/judge-reads-gauteng-lawyers-the-riot-act-on-undeserving-civil-cases-82e4a792-f233-4853-804f-28e20c60d72b#Echobox=1633511290

Johannesburg – Gauteng Deputy Judge President Roland Sutherland has reprimanded legal counselors over a developing inclination to surge all way of undeserving common cases to pressing hearings. 


This was one of "a few unwanted practices by some lawyers and some advice" that "endangered" the compelling settling of critical issues at the Johannesburg High Court, Judge Sutherland focused. 


He sent an emphatic notification to for the most part lawyers and promoters' bodies this week. The Legal Practice Council, the legal controller, additionally got a duplicate. 


Judge Sutherland's notification additionally wailed over ineffectively composed lawful papers in these hurried cases. Guidance additionally would in general waffle under the watchful eye of judges when requested to clarify earnestness, he said. 


"The sheer volume of cases selected (the pressing roll) has arrived at a basic scale," said Judge Sutherland. 


The court in the Joburg CBD had two adjudicators allotted to hear earnest common matters each week. 


Judge Sutherland said because of the blockage of the earnest roll, "regularly each is gone up against for certain 60 matters, or more". 


"A significantly more focused methodology should be taken on by professionals with regards to whether a matter genuinely is dire to legitimize its enrolment in a specific week," said Judge Sutherland. 


"Non-dire issues mess up the roll and sit around that could be given to really critical issues." 


He asked the legal counselors not to be scared by customers who push for the pressing knowing about their issues. 


"Experts should not be shy notwithstanding restless and tormenting customers who request satisfaction of their abstractly seen needs. The time of 'we should perceive what the appointed authority may believe' is presently authoritatively finished," Judge Sutherland said. 


He cautioned that legal counselors who carried non-dire issues to the critical court would be hit with legitimate expenses. 


"To control this maltreatment, judges will consider the honor of correctional costs de bonis propriius (out of the legal advisor's own pocket ) where non-pressing matters are selected. 


"Likewise, a request prohibiting lawyers and guidance to charge their own customer an expense might be thought of," he said. 


The Deputy Judge President further griped that papers documented in the court for the rushed issues were frequently ineffectively ready. 


"Regularly the wavering affirmation is proof of an inability to appropriately analyze what is important to say on the side of the specific alleviation looked for, that is, an inability to thoroughly consider the matter appropriately. 


"A comparable maltreatment happens in the adding of a plenty of reports, the greater part of which are never alluded to and are regularly of little or fringe esteem in the choosing of the case. Care should be taken to manage the heft of the papers," he said. 


"The pressing court is definitely not a reasonable setting for an appointed authority to take part in backing preparing." 


Advice in these cases additionally frequently attempted to disclose the desperation to judges, said Judge Sutherland.

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