ABOUT TERTIUS BOOTHA ATTORNEYS
We are a dynamic law practice with an undeniable passion for the law. Our founder Tertius
completed his LLB degree in 2012 from the University of South Africa (UNISA) thereafter
he turned his sight to the compulsory course for Candidate Attorneys (better known as “Law
School”). He graduated from Law School in July of 2013 top of his class with approximately
120 peers, excelling in areas such as High Court Litigation, Magistrate’s Court Litigation,
Constitutional Court Litigation and Commercial Litigation, to name a few. In January
2015 Tertius was admitted as an attorney of the High Court of South Africa. Due to a
following client base, this dynamic and result-driven man commenced practising for his own
account under the name and style of Tertius Bootha Attorneys in June of 2015.
OUR SERVICES
At Tertius Bootha Attorneys we are committed to excellence and provide our clients with a strategic approach to all their legal needs. We have extensive expertise in Commercial Law (drafting of commercial agreements and commercial litigation), Labour law, General Litigation, Divorces and Family Law, Insolvency Law, Administration of Deceased Estates and Estate Planning. We are also proud of our customized computer systems which allow us to deliver accurate bills of legal costs in a short amount of time.
We are committed to building life-long relationships with our clients. We ensure that this is done through our mission and values which are:
- Not to stop until we win
- Committed to Excellence
- To set the industry standard and
- To provide world-class legal services with personal attention to our clients
COMMERCIAL LAW
Commercial Law, which includes business law and mercantile law, deals with the legal principles applied in the world of business and transactions. It is the body of law that applies to the rights, relations and conduct between persons and businesses engaged in such as commerce, merchandising, trade and sales. Commercial Law includes titles such as Principal and Agent, Insurance law, National Credit Act, Consumer Protection Act and Contract law.
We can assist you in the negotiation of agreements, review and settling of contracts; management and execution of contracts; Resolution of contractual disputes; and any requirements that entities or individuals may have in relation to transactions and commerce in general.
Our team’s experience includes reviewing, drafting and advising on all aspects of the below as some examples:
- Agency & Reseller Agreements
- Consultancy Agreements
- Franchising Agreements
- Lease Agreements (residential & commercial)
- Licensing & Royalty Agreements
- Loan Agreements
- Manufacturing & Distribution Agreements
- Non-Disclosure & Confidentiality Agreements
- Privacy Policies, Website and E-Commerce Terms
- Sale Agreements & Offer’s to Purchase
- Software Development Agreements
- Terms of Engagement
- Memorandum of Incorporation
- Shareholders Agreement
- Partnership Agreements;
- Negotiation of agreements;
- Reviewing and settling of contracts;
- Management and execution of contracts;
- Resolution of contractual disputes; and
- Any requirements that entities or individuals may have in relation to transactions and commerce in general.
DRAFTING OF BILL OF LEGAL COSTS
After winning or loosing a court battle, the normal flow is that the successful party is entitled to recover legal costs. These costs are divided in three categories namely party and party scale, attorney and client scale and attorney and own client scale.
The recovery of legal costs after a court battle is essential for the clients. It is prejudicial to a client when there are unnecessary delays in drafting of the bill of legal costs. After waiting several months for one bill of costs to be drafted from external cost consultants, our founder partnered with a software development entity in building a unique computerised software system which allows us to assist clients and colleagues in drafting of bill of legal costs in a short amount of time and with pin point accuracy.
INSOLVENCY LAW
Insolvency is a state of financial distress in which a business or person is unable to pay their bills and debts. South African insolvency law regulates three main types of insolvency proceedings, namely the sequestration of personal estates, the winding-up of companies and the winding-up of close corporations.
Furthermore, the law regulates proceedings that are aimed at rescuing businesses who are in financial distress, by way of business rescue proceedings.
We can assist you with:
- Compulsory sequestrations of debtors’ estates
- Voluntary surrender and friendly sequestrations
- Winding-up by the court and voluntarily liquidation of legal entities
- Business Rescue Proceeding
LABOUR LAW
We deal with the Labour Courts and CCMA on a regular basis and are able to assist you with all facets of CCMA litigation and labour court litigation. We offer the following labour law services:
- CCMA negotiations – Conciliations, Arbitrations, Rescission Applications, Certification of Arbitration Awards and Section 142A Applications.
- Disciplinary Hearings – Chairing disciplinary hearings, Providing recommendations, Acting on behalf of Complainant and Acting on behalf of an employee.
- Issuing of Retrenchments – Drafting of Notices, Assisting with general advice and the entire process.
- Labour Court interactions – Review Applications, Statements of Case and Urgent interdicts.
- Drafting of relevant contracts and/or documents: Permanent employment contract, Fixed Term Contracts Independent contractor contracts and more.
ADMINISTRATION OF DECEASED ESTATES AND ESTATE PLANNING
When dealing with the death of a loved one, we understand that people may not want to experience the hardship of winding-up the deceased’s estate. However the reality is that this must be done. We have the expertise which makes us well-equipped to meet your needs and objectives as executors of a deceased estate.
We are also able to assist in Estate Planning, which not only includes the drafting of Last Will and Testaments, and setting up trusts, but we also offer a unique service in which we protect your assists by way of structuring. This is done by creating a comprehensive estate plan to deal with your assets and protect them from inter alia creditors. The advantages in this are Fewer Tax Deductions upon death, it takes care of minor children and family members and your estate doesn’t fall into state care which takes years to be settled.
DIVORCES AND FAMILY LAW
When a marriage falls apart, most people turn to a divorce lawyer to keep a cool head and act in their best interests. Divorce lawyers are trained professionals who have studied family and divorce law.
Our divorce lawyers are experts at saving their clients’ money and enhancing the terms of a divorce settlement, we are trustworthy professionals who skillfully guide our clients through this unsettling time. It is important that you use an attorney who has experience in handling divorce cases.
We can also assist you in other areas of the laws that fall under this heading such as maintenance claims, protection orders in terms of the domestic violence Act and Harassment Act, custody of children, parental rights and responsibility of parents (married or unmarried), and the rights of children, only to name but a few.
GENERAL LITIGATION
General Litigation is an umbrella term associated with civil lawsuits in general, relating to a wide number of industries and matters. It mostly involves the recovery of money allegedly owed by one party to the other. It can also involve many other types of claims such as contractual disputes, evictions, recovery of rent, motor vehicle claims and divorces. There are many other specialised claims. If you are in doubt whether you have a claim in a particular matter, we can advise you. We have a vast amount of experience litigating in the High Court, Regional Courts and District Courts in South Africa, we can assist you with inter alia:
- Court interdicts and urgent court applications
- Delictual claims
- Contractual disputes
- Insurance claims
- Property disputes
- Construction disputes
- Debt collecting;
- Enrichment claim