Litigation and dispute-resolution services

“Litigation” refers to the process of taking legal steps against a person or entity by utilising the court process or another dispute resolution mechanism such as mediation or arbitration.

Litigation almost always arises because there is a dispute involved, or a dispute which may arise in the future and which needs to be decided upon or clarified by a court or an independent third party.

While people are entitled to represent themselves in a court of law, it is advisable to employ the services of an attorney, who specialises in litigation, to represent and assist in the legal proceedings.

Once an attorney has been appointed by a party involved in a dispute, such party is not required to appear in court, as the attorney (or an advocate, as the case might be) appears on behalf of the party.

If, however, the relevant party is a witness in the court case, he/she will have to testify in court. Even in this instance, if an attorney has been appointed by the person who has to testify, the attorney will accompany the witness to court and assist him/her.

A sheriff is a court official who is appointed by the Minister of Justice and Correctional Services. A sheriff is the official who serves legal documents that have been issued by a court on the parties involved in the matter. Legal documents include documents such as a summons, notices, warrants, subpoenas and court orders.

To “serve” simply means to deliver the document to a person (or entity in some cases) according to the procedural rules that regulate court processes. It is advisable to contact an attorney without delay after being served any legal document by a sheriff.

A subpoena is writ (which is a form of written command) which orders/compels a person or entity to produce certain documentation relevant to a legal dispute, or to compel a person’s attendance at court or at legal proceedings held elsewhere.

Non-compliance with a subpoena can have severe consequences including imprisonment and/or a fine. Attorneys are best placed to deal with subpoenas that have been served on a person or entity so as to avoid the potentially serious repercussions of not properly complying with a subpoena.

A person will end up with a criminal record if he/she has been charged and found guilty of a criminal offence. This should not be confused with being found liable in terms of a civil proceeding to which criminal conduct is not attached.