Category Archives: Powers of attorney

Importance of written contracts in litigation

Settling a lawsuit can sometimes take years. The process to finally present your case before a magistrate or judge is a long, involved and expensive procedure involving reams of paperwork to-ing and fro-ing between the lawyers. Determining who owes whom what becomes a lot easier if you have good record keeping. If you are involved in litigation (or court action) against another person, it is critical that you keep records of all documents and communications (including emails and SMS’s), complaints, legal notices, written contracts, valuations, and so forth. Keeping all documentation and making a record of all communications can be invaluable to your attorney when refuting your opponent’s claims.

Keep restraints of trade legal & constitutional

Are restraints of trade legal? Can they be enforced? The short answer is: yes. Restraints of trade form an integral part of many employment contracts. Without a restraint, the “main man” in the business, the one with access to key confidential information, could cripple your business as soon as s/he leaves and joins (or starts up) the opposition. If you’re the employer, you would want to know: What makes a restraint enforceable? How do you draft a legal restraint of trade? It is crucial that a restraint is properly worded if it is to stand up to the Courts’ scrutiny. Our law has always recognised the employer’s right to enforce restraints of trade in order to protect its “legitimate proprietary interests.” However, these interests must always be balanced with the employee’s right to work and earn a living.