What is a correspondent attorney?
A correspondent attorney is an attorney who practices within a specific geographical jurisdiction who execute instructions from an attorney who is not within the same geographical jurisdiction where legal proceedings are taking place.
Rule 5(3)(a)(i) and Rule 55(1)(e)(i) of The Rules regulating the conduct of proceedings in the Magistrates’ Courts of South Africa indicates when a summons or application are issued, there needs to be a physical address listed in the summons within 15 kilometres of the courthouse.
Rule 6(5)(b) and Rule 17(3)(a) of the Uniform Rules of Court indicates when an application or summons are issued, there needs to be a physical address listed in the summons within 25km kilometres of the office of the registrar.
Why would you use a correspondent attorney?
When an attorney needs to issue a summons or an application in the Magistrates’ Court or the High Court and he is outside of the 15- or 25-kilometre jurisdiction of a specific court, a correspondent attorney needs to be appointed. A correspondent attorney acts on behalf of the instructing attorney and steps into the shoes of the instructing attorney to perform various instructions, tasks, perform court related tasks, oversee the litigation process, advise the instructing attorney on compliance and procedures of the specific court and attends to court appearances if it is necessary.
What does a correspondent attorney do?
A correspondent attorney has more or less the same duties as the instructing attorney. A correspondent attorney usually helps issue a summons or a notice of motion, serve and file documents at court, receive notices, comply with legal timelines, advise on specific court procedures, attend court appearances and apply for hearing dates.
What are the fees of a correspondent attorney?
A correspondent attorney usually charge their fees according to the fees allowed on the relevant party-and-party tariff. The fees of correspondent attorneys is usually allowed by the taxing master during taxation and are therefore recoverable by the instructing attorney, depending on the outcome of the litigation.
How to choose the right correspondent attorney?
It is important to ensure the correspondent attorney you appoint is within the required distance of a courthouse. Confirm the correspondent attorneys charge their fees on the relevant party-and-party tariff otherwise you may not be able to recover it during taxation. Ensure that the correspondent attorneys is fast and effective in rendering their services and that they will give you regular updates on instructions and the progress of the litigation proceedings.
Contact Smith Incorporated Attorneys to appoint them as your correspondent attorneys Pretoria. With fees charged on a party-and-party scale coupled with fast and effective service, it only makes sense.
