Only a solicitor, or where appropriate, counsel can provide ABWOR in terms of section 6 of the Act. ABWOR, in turn, can only be provided where the procedure in question is listed in the ABWOR regulations. An unqualified person, including a first year trainee, cannot charge for attendance at a hearing or for any preparation in connection with a hearing.
Representation is not restricted to an appearance in court or before a tribunal, as may be imagined. “Representation”, as defined in section 6 of the Act, means advice and assistance provided to a person by taking on his behalf any step in instituting, conducting or defending any proceedings.
“Representation”, therefore, includes the steps you take in preparing documents such as:
As such, none of this work is chargeable under Advice and Assistance. However, you can assist your client to complete the simplified divorce forms.
Other charges which, in our view, relate to representation and are not permissible under advice and assistance include:
This is not an exhaustive list.