Frequently Asked Questions
There is a complex landscape of legislation applying to businesses in South Africa. Attorneys by virtue of their office have duties to comply with including to:
- maintain a high standard of honesty and integrity and to protect the interests of their clients;
- maintain legal privilege and confidentiality;
- provide their clients with unbiased advice and at the earliest possible opportunity advise of the client’s prospects of success in a matter;
- not seek to generate unnecessary work nor involve their clients in unnecessary expenses; and
- to keep updated of developments in their areas of focus.
With these and other duties in mind a relationship of trust can be built with an attorney providing direction in navigating the complex landscape of legislation and regulatory frameworks whilst supporting the growth of businesses and mitigating unnecessary risks.
POPIA is largely principle-based legislation. The initial attendances to understand the Act and Regulations, as well as ascertain what Personal Information is processed by the business will if done in a comprehensive manner take a fair amount of time. This may place strain on internal resources. If there is no legal resource within the business additional time may be spent just attempting to understand the legislation and understand how all the principles work together as an example of one challenge.
Regardless of the external assistance sought there is likely to be a lot of time spent internally in understanding requirements and ensuring compliance in the context of the client’s industry in any event. That is why it is important and recommended that the Information Officer has a reasonable understanding of the operations of the organisation.
Instructing attorneys who are proficient in this area of law can be good for business in that it will save unnecessary efforts by internal resources, avoid the incorrect interpretation of provisions and place focus on necessary requirements.
Boogaard Attorneys can tailor the assistance required by either providing initial training and direction in respect of compliance or assist on an ongoing basis.
To answer this question, we would require an understanding of the nature and size of the client’s business and the extent to which it seeks outside legal assistance to estimate a corresponding cost.
Generally, attorneys charge based on time spent on a matter and or can also agree to set fees for certain of their attendances.
As an example, some businesses may seek initial training for their Information Officer and then attend to lay the foundation for and prepare their compliance framework themselves and or seek ongoing professional assistance.
Instructing attorneys who understand the Clients business and are proficient in an area of law saves time, providing for proper application of the law as against the business itself and can reduce legal costs and risks of noncompliance.
Contact Lisa at Boogaard Attorneys on firstname.lastname@example.org for an explanation of different levels of assistance with the basis for the calculation of our fees
Attorneys are obliged by virtue of their profession to meet certain standards of conduct, including to:
- use their best efforts to carry out work in a competent and timely manner;
- treat the interests of their clients as paramount;
- retain the independence necessary to enable them to give their clients unbiased advice;
- remain reasonably abreast of legal developments, applicable laws and regulations, legal theory and the common law, and legal practice in the fields in which they practise.
With these and other standards of conduct in place if an attorney is utilised who has established a good understanding of their client’s business a comprehensive and strategic approach is likely to ensue in approaching the drafting and or reviewing of a contract with the attorney leveraging their knowledge of their client’s business and their field of focus to achieve their client’s objectives and mitigate risks.
We currently do not assist in Family Law services. Our area of focus has turned towards Commercial Law
We welcome the convenience of online consultations and are glad to facilitate same.
We are available to our clients during the following days and times
- Monday: 8.00 AM – 5.00 PM
- Tuesday: 8.00 AM – 5.00 PM
- Wednesday: 8.00 AM – 5.00 PM
- Thursday: 8.00 AM – 5.00 PM
- Friday: 8.00 AM – 5.00 PM