Legal Services by Raichlin Attorneys
Our firm is able to assist clients with advice in commercial law matters, and draft a variety of agreements ranging from partnership agreements, Association agreements for Close Corporations, shareholders agreements, drafting a Memorandum of Incorporation in order for companies to comply with the New Companies Act, lease agreements, joint-venture agreements, employment agreements, and a host of other commercial agreements regulating the relationship between parties in the commercial environment.
Landlord and Tenant Law
Our firm has had extensive experience in the area of landlord and tenant law. Our firm has acted for some of the listed property funds in Africa and some of the biggest managing agents in the country. Hugh Raichlin gives regular workshops to corporate clients on the legal process, and particularly, in the area of landlord and tenant law, which pertains to drafting agreement of lease and instituting legal action in respect of defaults by tenants in respect of their lease agreements. Our firm has also made law in South Africa in regard to the meaning of effective cause in the context of estate agents commission arising out of the sale and letting of property.
Our firm has two highly experienced conveyancers with many years of experience, that have attended to property transfers including, sectional title, commercial and residential properties, as well as the registration and cancellation of mortgage bonds. Our firm is also able to assist clients with the registration of Notarial Bonds.
Hugh Raichlin has had extensive experience over many years in family and matrimonial law, spanning the range from giving couples advice in regard to the various regimes in terms of which people are able to get married in South Africa, which includes in the initial consultation providing clients with an understanding of in community and out of community marriages, as well as marriages which adopt the Accrual System, and those that exclude the Accrual System. Hugh is a registered member with the South African Association of Mediators, and has extensive experience in mediating matrimonial matters in order to not only expedite the process and save legal costs, but find solutions that endeavoured to cause the least damage to the children and parties involved.
Hugh Raichlin in the initial consultation, provides our clients with an overview of the various contracts that parties can enter into when getting married. Hugh provides his clients with an understanding of the benefits and disadvantages of each respective regime, in order to enable our clients to make an informed decision as to what would be applicable and most appropriate for their particular circumstances. Usually, a first consultation is arranged in order to inform the couple of the options, and a follow-up consultations held in order to sign the documentation which is thereafter lodged at the Deeds Office for registration. A letter is provided to the couple at the second consultation for the marriage officer, which indicates the matrimonial regime that the couple has chosen.
Our firm has had extensive experience in property law, covering issues arising out of disputes between neighbouring properties, landlord tenant law, litigation arising out of the sale and purchase of property, for example latent defects and misrepresentation in property transactions. The firm has had extensive experience in the drafting of agreements of sale of properties, as well as the drafting of agreements of lease, taking into account recent developments in the law. Our firm has represented listed property companies, private individuals and managing agents in regard to numerous property issues. We also have excellent working relationships with Advocates at the Johannesburg Bar with particular expertise in property related litigation.
Administration of Deceased Estates
Our firm has had extensive experience in the area of the winding up and administration of deceased estates. This is an area which requires a wide range of skills, from the initial consultation at which all the necessary documentation to be submitted to the Master of the High Court are completed, an inventory is made of all the assets in the estate, which is then followed by communication with all the relevant insurance companies, banks as well as debtors and creditors of the estate. Advertising in the local press and Government Gazette as required in terms of the Administration of Deceased Estates Act is attended to, which is followed by the drafting of the Liquidation and Distribution Account, and finally the payment of the debts of the estate as well as payments to the heirs.
Our firm has had extensive experience in commercial litigation in the Magistrates Court, Regional Court, High Court and the Supreme Court of Appeals in Bloemfontein. Our firm has had a successful judgement in the Supreme Court of Appeals and made a significant contribution to the common law in the area of Estate Agents Commission. Our firm has acted over the years for large corporate clients, as well as small and medium businesses, in a range of disputes, which includes disputes arising out of commercial agreements, claims arising out of goods sold and delivered, services rendered, breach of restraints of trade, employment contracts, claims for personal injury and patrimonial loss, divorce and claims for Estate Agents Commission.
Our firm has had extensive experience in the area of Insolvency Law, including the Sequestration of individuals, the liquidation of Companies and Close Corporations, as well as Applications for the rehabilitation of individuals that have been previously sequestrated.
Our firm has had extensive experience in assisting clients with Estate Planning, and in this regard we utilise the services of experts in allied fields, for example Tax Planning, in providing our clients with tax effective solutions. At the initial consultation, an analysis is done of each client’s specific needs, followed by the drafting of a Will either for an individual, or joint Wills for married couples. The Wills may include Testamentary Trusts, in terms of which the testator (the party making the Will), creates a Trust which is administered by Trustees for the benefit of certain heirs of the estate, for many years after the death of the testator.
Hugh Raichlin is a member of the South African Association of Mediators (SAAM), and qualified as Mediator through the London School of Mediation. Hugh is an Accredited Mediator to International Standards.
Mediation is fast gaining popularity in many parts of the world. It is a key form of Alternate Dispute Resolution, which has been recently introduced as an option in the South African Judicial System, and can be chosen by the parties before embarking on litigation or can be referred to during existing litigation.
Mediation is a consensual process which involves the participants to the dispute, either on their own, or with their lawyers, advisers or friends, meeting with a neutral third party (the mediator). A confidential, without prejudice meeting takes place allowing the participants to explore a full range of potential solutions in a safe environment, assisted by the mediator in finding a mutually acceptable solution which is recorded in a written settlement agreement.
The mediator does not provide solutions or advice, and need not be a lawyer himself or herself. The process does not require compromise, and the mediator is not an arbitrator, who would impose a solution, nor would the mediator impose a solution. Any party can withdraw from the process at any time during the mediation.
Mediations are said to have a 90% success rate. It can be used in commercial disputes, matrimonial disputes, workplace disputes and a wide range of other areas.