Immediate, professional & comprehensive legal support

Your Personal Lawyer on Call

Whenever a client needs legal advice or professional guidance in their daily lives, they can pick up a phone and get immediate assistance from a fully qualified and experienced attorney.

In essence, this ad hoc legal support service allows everyone to a their own personal lawyer on call and available at any time during business hours to provide ad hoc advice on legal issues such as divorce, maintenance, custody, criminal matters, claims for payment, breach of contract, property disputes and a wide range of further legal issues.

Litigation and Debt Recoveries

Sooner or later, everyone has to litigate in order to protect their rights. This component of the legal services provides litigation support that includes the following:

• Telephonic legal advice relating to the client’s rights the legal remedies available to them (as part of the above Personal Lawyer on Call service);
• A letter of demand sent to anyone against whom the client has a claim. This letter is sent on a law firm’s letterhead and canvasses the factual details relevant to the claim;
• If the letter of demand doesn’t resolve the matter, a Summons and Particulars of Claim is completed in order to allow the client to institute litigation proceedings in the correct court. A referral to an approved panel of attorneys who can thereafter run the litigation on behalf of the individual can also be made, if the client requires this service.

This service includes claims by the client for the following:

• Repayment of a loan.
• Payment of the purchase price for goods sold.
• Delivery of goods purchased but not delivered.
• Payment for services rendered.
• Losses suffered from damage to their vehicle in an accident.
• Damages suffered as a result of defective building work.
• The return of an asset owned by the business and in someone else’s possession.
• Payment of arrear rental.
• Ejectment of their tenant for failure to pay rental.
• Repayment of a purchase price because goods purchased by the client were defective.

Legal Contracts

Legal contracts offer individuals essential protection in everyday life. Our service provides legal contracts that are:

• uniquely tailored to each client’s circumstances;
• backed by a team of experienced attorneys and advocates;
• fully completed and ready for signature on delivery;
• delivered with advice on how to sign and use the document concerned;
• delivered within 24 hours of a contract request being made.

The following legal contracts and documents are included:

Written Legal Advice Packages

The following dynamic advice packages are included and are customised to the client’s circumstances as part of the legal support service:

Debt Relief - I can’t pay my debts. What can I do?

This advice package collects the information necessary to give individuals appropriate and meaningful advice aimed at relieving their debt related stress. It includes a step-by-step guide to the available processes, the consequences of applying for debt relief and details of their nearest debt counsellor. If appropriate, an application for debt relief is completed on behalf of the client, ready for submission to a debt counsellor.

Small Claims Court: How to claim money

The Small Claims Court kit allows clients to deal quickly and cheaply with civil claims of less than R12,000. Based on the information collected from the client, a detailed letter of demand, summons and particulars of claim are drafted, which can then be used immediately to institute the claim. The litigation documents are customised to the unique circumstances of the case. Clients are also told where to find their nearest Small Claims Court and a step-by-step guide to the process is included so that they have no difficulty in enforcing their claims.

Getting an uncontested divorce

This advice package provides detailed information on the procedure to be followed in obtaining an uncontested divorce order. Clients receive all of the information necessary to obtain a divorce order and are also provided with a divorce summons – completed to their exact requirements and taking into account their specific circumstances.

How to claim maintenance

This service provides clients with comprehensive advice on how to go about claiming maintenance for themselves or for their children. The maintenance package completes an application for maintenance on behalf of the employee, taking into account the individual’s unique circumstances and requirements.  Maintenance Court locations and procedures are also explained to the client.

Stopping domestic violence

This advice package provides individuals with all of the information and documents they require to apply for a domestic violence protection order. All necessary documents are completed with reference to the client’s unique circumstances and delivered ready for signature. The documents are accompanied by a step-by-step guide to the process to be followed in obtaining a protection order.

Marriage options: Do I need an ANC?

This support package provides key information about different matrimonial property regimes. It explains concepts such as "married in community of property"; "married out of community of property"; an "antenuptial contract"; and "the accrual system". Further important aspects covered are the effects of an antenuptial contract (ANC) and why it is generally essential to sign an ANC before getting married.

Report a deceased estate

The process of reporting the death and registering the deceased’s estate requires the completion of a range of documents and careful adherence to the applicable procedures. This advice package provides the client with a detailed description of the process to be followed in reporting a death and in ensuring the seamless registration of a deceased estate.

Registering your child's birth

This online interview and advice session gives clients a detailed account of the procedures they need to follow to register their child’s birth. Clients can also receive information on what to do if they have missed the 30 day deadline or if they would like to register the child with a surname different to that of the child’s father or mother.

Emergency Legal and Bail Assistance

In the event that a client is arrested, or requires emergency legal advice, he/she will have 24 hour telephonic access to our specialist legal call centre. In the event of an arrest, a litigation attorney will be dispatched immediately to the police station or court concerned, so that bail arrangements can be made without delay. The specialist attorney will charge the employee a pre-negotiated, fixed and discounted rate of R2,000 for all of the necessary consultations, prosecutor and/or police negotiations and a bail hearing.

Identity Theft & Fraud Prevention Services

If a client is the victim of fraud and/or identity theft (in any form), he/she will receive immediate call centre support from our attorneys and free assistance via a referral network that facilitates bank account and card freezes and database services offered by the SA Fraud Prevention Services.

Free Legal Consultations with Panel Attorneys

In relation to each legal issue that a client is confronted with, they are entitled to one free 30 minute, face-to-face consultation with an approved attorney in their local area in order to receive advice on the legal issue or dispute concerned. Origin Systems manages a national network of approved attorneys forming part of its panel and the client will, wherever possible, be referred to an attorney in their local area. No charges are payable by the client for the first 30 minutes of the consultation; thereafter the panel attorney shall charge the client his/her ordinary, market-related rates for time spent on the matter beyond the initial 30 minute consultation.

Contracts

All contracts created by Origin Systems for it SMME clients are:

• uniquely tailored to each client’s circumstances;
• backed by a team of experienced attorneys and advocates;
• fully completed and ready for signature on delivery;
• delivered with advice on how to sign and use the document concerned;
• stored and managed via an administrative console;
• available online or via our call centre.

The contracts made available to SMME’s are the following:

• Shareholders’ Agreement
• Association Agreement
• Commercial lease
• Sale of motor vehicle
• Loan agreement
• General employment agreement
• Acknowledgement of debt
• Restraint of trade
• Independent contractors’ agreement
• Sale of shares
• Sale of members’ Interest
• Residential Lease
• Trust deed
• Deed of suretyship
• Confidentiality agreement
• Sale of property
• Payment / performance guarantee
• Standard conditions of trade

Commercial Lawyers on Call

Whenever a client needs legal advice or professional guidance in their business, they can pick up a phone and get immediate assistance from a fully qualified, experienced commercial attorney.

In essence, this ad hoc legal support service allows every small business to have their own in-house ‘Legal Department’ providing valuable advice on legal issues such as commercial contracts and disputes; labour law and dismissals; consumer protection; product liability; debt and recoveries; regulatory compliance, competition law, liquidation; breach of contract claims and a wide range of further commercial considerations.

Litigation and Debt Recoveries

Sooner or later, every business has to litigate in order to protect its rights. This component of the legal services provides litigation support that includes the following:

• A letter of demand sent to the defendant on a law firm’s letterhead and canvassing the details of the claim in full;
• If the letter of demand doesn’t resolve the matter, the client is provided with a completed Summons and Particulars of Claim that will allow the business to institute litigation proceedings in the correct court. This is accompanied by a referral to an approved panel of attorneys who can thereafter run the litigation on behalf of the business (if the client requests this).

This service includes claims by the business for the following:

• A letter of demand sent to the defendant on a law firm’s letterhead and canvassing the details of the claim in full;
• Repayment of a loan.
• Payment of the purchase price for goods sold.
• Delivery of goods purchased but not delivered.
• Payment for services rendered.
• Losses suffered from damage to a business vehicle in an accident.
• Damages suffered as a result of defective building work.
• Repayment of a purchase price because goods purchased are defective.

Compliance & Risk Management

Businesses often struggle to keep track of the legislative framework in which they operate; resulting in penalties, higher claims ratios and business stress. Our legal audit solution addresses these important aspects:

Business legal audit

This legal compliance and business advice service assesses more than thirty legal areas which have an impact on the daily operations of a business, including labour law, tax law, consumer protection, competition law, company law, risk management and a wide range of further issues. Business owners complete a detailed questionnaire which then forms the basis of a comprehensive and customized report setting out the areas in which the particular business is legally compliant and those critical areas in which the business has failed to comply with the law or is exposed to unacceptable levels of legal risk.

Each business is then offered solutions and next steps to solve the particular legal issues that have been identified in the report. In this way, business owners become familiar with the regulatory frameworks governing their businesses and are able to engage constructively with the legal system to improve risk management and compliance within their businesses.

Advice Packages

The following advice packages are included in the legal support service. These packages provide our business clients with much needed support and significantly reduce the business risks associated with non-compliance, penalties and statutory penalties:

Selecting the correct corporate vehicle for your business

This advice package provides detailed advice on the legislative restrictions, tax implications, and management restrictions associated with different corporate vehicles. Clients are also provided with a comprehensive assessment of the advantages and disadvantages of co-operatives, companies, close corporations, partnerships and trusts.

Complying with the tax legislation applicable to your business

This advice package allows business owners to become aware of the tax obligations associated with their businesses, including detailed explanations relating to PAYE, Income Tax, VAT, the Skills Development Levy, Import and Export Duties and other related topics.

Labour law compliance – How to hire and fire legally

This support service provides business-specific guidance in relation to unfair labour practices, employment equity, gender issues, discrimination and correct dismissal procedures.

Bullet-Proofing your business – Avoiding liquidation and personal liability

This insolvency package provides detailed advice on how to structure the operations of your business to minimize risk. It also provides a clear description of the conduct that could render a business manager or director personally liable for the debts of the business in the event of liquidation.

Forms of security when raising funding

A business-appropriate explanation of debt factoring, deeds of suretyship, pledges, asset leases, special and general notarial bonds and other forms of security, including the pros and cons and what to avoid.

Protecting your intellectual property

An interview and advice package that allows business owners to identify the intellectual property inherent in their businesses. The package includes practical advice and step-by-step guides to the protection of a businesses’ intellectual property.

Free Legal Consultations with Panel Attorneys

In relation to each legal issue that a client is confronted with, they are entitled to one free 30 minute, face-to-face consultation with an approved attorney in their local area in order to receive advice on the legal issue or dispute concerned. Origin Systems manages a national network of approved attorneys forming part of its panel and the client will, wherever possible, be referred to an attorney in their local area. No charges are payable by the client for the first 30 minutes of the consultation; thereafter the panel attorney shall charge the client his/her ordinary, market-related rates for time spent on the matter beyond the initial 30 minute consultation.