Services – Hopgood Attorneys

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With the most experienced Lawyers and Partners

Our Areas of Practice

Third Party Claims / RAF

A third-party claim is a claim filed by someone other than the policyholder or insurance company. If you’re in a car accident that someone else causes, you can file a third-party claim with the other driver’s insurance for your covered accident-related expenses. You can claim personal injuries from the RAF in the event that you are not the negligent party in the accident.

Civil Litigation

Civil litigation is a term that applies to any legal dispute where two or more parties are seeking monetary damages or a specific performance and does not include criminal accusations. This serves as remedy for a prejudiced party involved in a civil matter.

Intellectual Property Law

Intellectual Property (IP) law relates to the establishment and protection of intellectual creations such as inventions, designs, brands, artwork and music which should be registered in terms of law in order to establish your legal rights.

Transfers (Property)

Property transfer is the process of changing an owner of a property. It is done via a property deed, which is a legal document listing the owner of a property. The process of transferring property is known as conveyance.

Bail

Bail is a sum of money paid to the court or to the police. When the court case is over, the bail money is paid back if the accused is found not guilty. However, if the accused does not come to court on the day of their court case, or if they break any of their bail conditions, the bail may be forfeited. The accused needs to appear before the court within 48 hours after arrest, depending on the severity of the charge, the accused can be warned to appear in court on the date as established by the police officer, alternatively bail can be arranged after hours by a state prosecutor depending the merits of the matter.

Criminal Law

Criminal law, Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the prosecution of crime. If an accused is found guilty and sentenced to jail, an application for parole can be done, depending on the severity of the charge and merits of the matter.

Mediation & Arbitration

What’s the difference between mediation and arbitration? In a mediation process, a neutral, trained mediator works to help disputants come to a consensus on their own. This is to insure resolution of a matter to avoid legal fees. In arbitration, a neutral, trained arbitrator serves as the presiding officer who is responsible for resolving the dispute. The arbitrator formally adjudicate upon the matter and will provide a binding outcome in the event that one of the parties feels that the outcome is not satisfactory, the arbitrators decision can be taken on formal review.

Family Law

When a child is born out of either a marriage or between two unmarried partners, the legal obligation is created where both parties are liable for the up bringing of the child, once the parties are separated, the legal obligation remains and in the event that one of the parties fails and or refuses to comply with this right, the prejudges party can approach the maintenance court for relieve. Alternatively a parenting plan can be entered into confirming contact rights and further obligations with regards to the child which can be made an order of court. To simplify a divorce where a minor is involved, a parenting plan can also be entered into, which should be endorsed by the family Advocate after which it will be made an order of court.

Labour Law

Labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. In its most comprehensive sense, the term includes social security and disability insurance as well. In the event that either the employee feels that he/she was unfairly treated, the CCMA can be approached for assistance within 30 days.

Notarial Services

A Notary Public is a specialist attorney who is legally empowered to officially witness signatures, administer oaths, certify the validity of documents, and perform a wide range of administrative functions of national and international nature, including the drafting and/or legalisation of certain documents.

Antenuptial contracts

An antenuptial agreement or a prenuptial agreement is an agreement made between parties before getting married, permitting them to individually retain certain assets during the marriage and after the marriage if divorce arises. The antenuptial contract should be notarially concluded and registered with the deeds office.

Debt Collection

Debt collection is the process of pursuing payments of money or other agreed-upon value owed to a creditor. The debtors may be individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector.

Evictions

In the event that a lease agreement is cancelled between a lessor and lessee the eviction process should be instigated in terms of the PIE act which requires that the lessee should be formally notified of the legal process as well as the Municipality, this is to ensure that in the event that the lessee has no other form of residency that the Municipality will make the necessary arrangements for the lessees’ alternative residency. The eviction can only be effected by way of a court order which is obtained through an application to court. In the event that the lease is of a commercial nature, the PIE act does not apply.

Contract Law

Contract law is the legal body that encompasses both the origination, enforcement and ultimate enactment of all legal contracts or agreements. All those who engage in business transactions, at some point or another, engage in contract law. Companies and consumers alike use contracts in their everyday actions.

Liquor License

In terms of legislation, no person or body may trade in liquor where liquor is sold to public without a legally obtained liquor license. This license should be renewed annually.

Medical Malpractice

Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In the event that a person has suffered personal injuries due to the negligent hands of a medical practitioner, the prejudiced party may instigate a claim against the medical practitioner personally.

Company registration

To establish a new company, registration should be conducted through CIPC. Once the company is registered, yearly fees and tax returns should be submitted.

Trusts

A trust is a legal entity with separate and distinct rights, similar to a person or corporation. The trust is regulated by a trust deed through appointed trustees whom are bound by the terms and conditions as stated in the deed. A trust is usually created for the benefit of selected beneficiaries.

Expungements

In the common law legal system, an expungement proceeding is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public. Once an expungement was successful, the parties criminal record will show positively.

Wills + Deceased Estates

In the event of death, the deceased estate must be reported with the masters office. Once the deceased estate is reported, an executor will be appointed who will be responsible for the administration and distribution of the deceased estate. In the event that the deceased estate value is less than R250 000.00, the master has the discretion to appoint an executor or masters representator.