WHAT WE DO
Becker Attorneys specializes in representing plaintiffs and defendants in civil cases and manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal. When a person begins a civil lawsuit, the person enters into a process called litigation, under the various rules of Civil Law.
Litigation involves a series of steps that may lead to a court trial and ultimately a resolution of the matter.
Before a lawsuit is filed, the person contemplating the lawsuit (called the plaintiff) typically demands that the person who caused the alleged injury/loss/damage (called the defendant) perform certain actions that will resolve the conflict. If the demand is refused or ignored, the plaintiff may start the lawsuit by serving copies of a summons and complaint on the defendant and filing the complaint with a civil trial court. The complaint must state the alleged injuries/loss/damage and attribute them to the defendant, and request money damages or equitable relief.
If the service of the complaint on the defendant does not result in a settlement of the issues, the plaintiff must begin the discovery process. This involves sending to the defendant written questions (called interrogatorius) that seek information involving the dispute at issue. The plaintiff may depose the defendant and others concerning the issues, with the deposition recorded by a court reporter. The plaintiff may also request copies of documents for review. Once litigation commences the defendant is also permitted to use discovery to learn more about the plaintiff’s case. The discovery process may be conducted in a matter of weeks, or it may take years, depending on the complexity of the case and the level of co-operation between the parties.
After discovery is completed, most courts require the parties to attend a settlement conference to determine if the case may be resolved before trial. If the parties are unable to reach a settlement, the litigation continues to trial. Near or on the day of trial, one or both parties often make settlement offers, in the hope of avoiding court proceedings (which are often costly and protracted). Litigation ends if a settlement is reached.
If the parties are still unable to resolve their differences, a trial is held. At trial both sides are permitted to introduce relevant evidence that will help to prove to the court the truth of their positions. If the plaintiff makes a convincing case, the defendant may seek to settle the case immediately. On the other hand, if the plaintiff presents a weak case, the defendant may ask the court to dismiss the case.
Once a decision is final, litigation ends. The prevailing party is then given the authority to collect damages or receive other remedies from the losing party. After the losing party provides the relief, that party is entitled to receive from the prevailing party a satisfaction of judgment, which is filed with the trial court. This document attests to the satisfaction of all court-imposed relief and signifies the end of the case.
CONSTRUCTION & ENGINEERING LAW
Engineering law (or law in engineering) is the empirical study of the application of laws and legal strategy in engineering. Applied law aims to explain how law interacts with industry. The current school of thought within the academic community of lawyers and engineers is the pragmatic paradigm. Commonly, professionals have a Bachelors in Engineering and a Bachelors in Law, and increasingly commonly a Masters of Business Administration. Pragmatic application of laws means the empirical study of how a corporate legal framework should be adopted.
- Contract administration, especially in construction, procurement, and supply chain.
- Product liability, especially for manufactured products.
- Intellectual property (IP) protection, which includes patents, copyrights, etc.
- Safety legislation and regulations, which includes plant safety, risk management, occupational health and safety, food safety.
- Standards and certification, which are product-specific constraints on design and testing processes.
Commercial law, also known as business law or corporate law, is a system of law that applies to many countries. It’s also the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange; negotiable instruments; contracts and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.
PW Becker Attorneys specialises in recovery of debt and will assist you in every step of the process to ensure the correct legal action and process is followed.
ESTATE PLANNING & TRUSTS / CONVEYANCING
The Trust and Estate Division focuses on all aspects of trusts and estate planning, as well as:
- Freezing of Value
- Tax Planning
- Preservation of Assets after Death
- Appointment of Executor
- Mortes Causa and Inter Vivos Trust
- Assistance with winding up of estates to family members appointed as executors
The Estate Tax is a tax on your right to transfer property at your death. It consists of an accounting of everything you own or have certain interests in at the date of death.
The Conveyancing Division offer assistance regarding:
- Deeds of Sale
- Property Transfers and Registrations
- Property Valuations
- Registration of Mortage Bonds and other SecuritiesProperty due Diligences
- Drafting and Registration of Servitudes, Certificate of Registered Titles, Certificate of Consolidated Titles, General Plans etc.
- Registration of Townships and Sectional Titles
- Property Subdivisions & Consolidations
- Deed Office Searches
- Land Rights Rezoning
- Lease Agreements
- Loging and Execution at the Polokwane Deeds office