Keywords

litigation, action proceedings, application proceedings, legal drafting, disputes of fact, timeframes, legal documents, attorney practice, court procedures, legal advice, South African Law, South Africa

Summary

This conversation delves into the critical distinctions between action and application proceedings in litigation, exploring the implications of each choice for attorneys. The discussion covers the procedural differences, timeframes, types of applications, and the importance of understanding disputes of fact versus law. Additionally, the speakers emphasise the significance of proper legal drafting and the common pitfalls that can arise, providing insights and anecdotes from their experiences in practice.

Takeaways

• Attorneys face a dilemma in choosing between action and application proceedings.
• Application proceedings are generally quicker and cheaper than action proceedings.
• Trials can be lengthy and expensive, often leading to client dissatisfaction.
• Understanding the timeframes for different court procedures is crucial.
• There are various types of applications, including ex parte and interlocutory applications.
• Disputes of fact must be handled through action proceedings, not applications.
• The structure of legal documents varies significantly between affidavits and particulars of claim.
• Common drafting mistakes can lead to serious financial consequences for clients.
• Legal practitioners should be meticulous with party citations to avoid dismissals.
• Taking leave as an attorney can feel uncomfortable, but it's essential for well-being.