PARALEGAL PRACTICE
EXCELLENCE | EXPERIENCE | INTEGRITY
Legalwerx Legal Firm
A boutique paralegal practice that renders services to clients both locally and abroad. Our aim is to serve and support our clients throughout South Africa and across the globe.
Since its establishment in 2021, Legalwerx has grown into a thriving practice with expertise in various fields ranging from criminal to civil litigation, bankruptcy, labour disputes as well as administration of trusts and estates.
Our practice has a tremendous thirst for success. We strive to assist clients in a professional and efficient manner to ensure the ideal outcome for their matters.
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Our Vision
By Providing Trustworthy Legal Services & Assistance that are Catered to its Clients’ needs in every area of Practice, Legalwerx aspires to be a Benchmark for Law Firms in Johannesburg.
PRACTICE AREAS
We provide our clients with advice on an array of matters including but not limited to:
CRIMINAL & CIVIL LITIGATION
EMPLOYMENT LAW
ALTERNATIVE DISPUTE RESOLUTION
ESTATE PLANNING
FAMILY LAW & MATRIMONY
¹ Criminal Law
South African Criminal Law is the body national law relating to crime in South Africa. Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society.
In South Africa as in most adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. The sources of South African criminal law are to be found in the common law, in case law and in legislation. Criminal law (which is to be distinguished) from its civil counterpart forms part of the public law of South Africa, as well as the substantive law (as opposed to procedure).
The study of ‘’criminal law’’ generally focuses on the substantive law, namely the principles of law according to which criminal liability (guilt or innocence) is determined, whereas the law of criminal procedure, together with the law of evidence, generally focuses on the procedures used to decide criminal liability and theories of punishment.
A study of the substantive criminal law may be divided into two broad sections – See next section.
² Criminal Law - Two Broad Sections
1. an examination of the general principles of liability (applicable to crimes generally); and
2. an examination of the definitions and particular requirements of the various individual crimes or ‘’specific offenses’’
A distinction must be drawn between national and international criminal law. The term ‘’criminal law’’ usually refers to internal or domestic or national criminal law, which is governed by the legal system of the country concerned. The term ‘’international criminal law’’ denoting a more recent branch of the law, is viewed by some as a branch of public international law, while others contend that it is, ‘’at least in the material sense (and a growing extent also in the institutional and procedural sense), a discipline in its own right’).
Our team has knowledge in all areas of criminal law and can offer advice regarding:
• Bail Applications
• Court Appearances
• Legal Trial Proceedings
• Plea & Sentence Agreements
³ Civil Litigation
Litigation is the process of taking a legal dispute to court. Civil litigation is ordinarily between two or more parties and is conducted in a public forum. This process is formal and highly regulated. The entire matter is of public record for anyone, including the press, having access to the documents that are filed as part of each party’s case. However, the courts have the discretion to order that proceedings be confidential.
⁴ Overview
The court where the action or application is instituted must have jurdistriction over the matter to hear it. Jurdistriction is established when the cause of action arose in the area where the Defendant resides or domiciled within the area of that court
There is a hierarchy of courts in South Africa:
1. The Constitutional Court
2. The Supreme Court of Appeal
3. The High Court
4. The Magistrates’ Court
Proceedings usually begin with a letter of demand setting out the claimant’s claim and providing a date by which the other party is to adhere to such claim.
If the other party does not comply with this demand, the claimant can start civil proceedings either
by:
⁵ Bringing An Action
This procedure is used in matters involving a factual dispute. It involves both the Plaintiff and the Defendant making submissions to court, producing evidence (by exchanging relevant documents and involving witnesses giving oral evidence) and culminates in a trial. The action is begun when a summons with particulars of claim has been issued out of the court and served on the Defendant.
⁶ Launching An Application
This procedure is generally quicker but can only be used where there is no factual dispute. All the documentary evidence on which a party wants to rely must be attached to the affidavit submitted to court. This process is started once the following documents have been issued out of the court and served on the Respondent:
• a notice of motion setting out the relief that the applicant seeks; and
• an accompanying witness statement in the form of an affidavit.
In conclusion, there are various factors to consider when taking the first step in the litigation process. As a paralegal practice, Legalwerx Legal Firm also specialises in property law, civil litigation, and debt collection.
For skilled and timely civil litigation and debt recovery CONTACT US.
Our Legalwerx Mission
At Legalwerx, we strive for law practice excellence, by consistently delivering highly skilled, ethical, and committed legal representation to our clients.
Our multilingual, young, and passionate team of paralegals work together with shared values for greater standards of service and continuous assistance to the client.
With our expertise and in-depth knowledge, we are able to meet all of our clients’ demands, supporting businesses and individuals n a local and international level on the legal issues affecting them.
We advocate on behalf of our clients, endeavoring for the best results, day by day.
TESTIMONIALS
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