Pretoria - Lawyers must always first ensure the children are taken care of before lining their pockets, a judge has said.
This, the judge said, was needed to ensure the child’s remaining parent or caregiver was utilising the money for the child’s needs, and to determine whether the money should not rather be held in a trust on behalf of the child. In the two cases which Judge Fisher said by chance had landed before her, it appeared that an attorney, rather than first ensuring the children were taken care of, simply took her large chunk of the money for her legal fees, which the judge said had been for shoddy work done.
Judge Fisher said that where children were involved, the attorney had a duty to do more than merely take the hearsay evidence of a person who claimed to be representing the child. “It is indeed a sad time in our judicial history when attorneys engage in wholesale chicanery for the purpose of avoiding legislatively prescribed court oversight.From 2017 to 2020 the RAF, on average, registered approximately 19 000 cases per year relating to children. The judge said these statistics represented widespread urgent needs of the most fundamental kind for those who were supported by the deceased.
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