First Consultation

Module 1: Initial consultation with client:

Introduction:

It is imperative to ensure that when consulting with a client, especially for the first time, an attorney creates the correct first impression by inter alia:-

*          being on time for consultation and not letting the client wait unnecessarily;

*          the way the attorney is dressed;

*          the way the attorney introduce and carry himself/herself during the consultation;

*          as well as the organization of the attorney’s office and

*          file management.

In establishing the correct first impression will confer a vote of confidence in your ability as an attorney, which is important in establish an attorney –client relationship where the client will feel confident in divulging confidential information to you. This ability is

an attribute and necessity to any successful attorney’s practice and even more so in the case of matrimonial law.

Consultation process:

Documentation:

During the initial consultation it is important to ensure that you take accurate instructions.

It may be advisable to forward your client a list of documents you may require during the consultation, to enable you to give your client accurate advise.  

Documents that may be requested are:

• Copies of identification document in respect of the parties and children;
• In respect of minor children, copies of the most recent school reports;
• Copy of the antenuptial contract;
• Copy of the marriage certificate;
• Copies of any and all financial documents inter alia hire – purchase agreements relating to motor vehicles, bond documentations, salary advices of the parties, copies of policy documents,  valuation of property; business documents such as CK forms, copies of monthly expenses etc.

Procedure:

After perusing the relevant documentation advise client on the patrimonial consequences of his/her particular marital regime, as well as the possibility of defeating from the aforesaid in lieu f sec 9 and 7(2) of the Divorce Act 70 of 1979.

It is imperative that a client should be explained the divorce process as this will ensure that your client knows what to expect and alleviate any apprehension the client may have regarding the process. It will also ensure that your client is aware of the court days allowed in respect of the filing of court pleading.

In this regard an attorney should explain the process as from the initiation of the summons until the finalization of the action, be it in terms of a settlement agreement or an opposed divorce with specific emphasis on time limitations.

Jurisdictions:

In determining which court will have matrimonial jurisdiction you should know Sections 1and 2 of the Divorce Act 70 of 1979 and sections 1-3 of the Domicile Act 3 of 1992.

  

Fee Structure:

One of the factors that will determine out of which court you will issue summons will be the financial means of the client.

The High Court tariff system is applied in respect of summons issued from the High Court, whilst the Magistrate’s Court tariff is applied in issuing summons from circular courts (the North Eastern Divorce Court). The High court tariff is much higher than that of the Magistrate’s Court tariff.

It is therefore important to discuss the different fee structures with your client prior to issuing summons to ensure that your client will be able to afford the divorce action.