The Importance of Choosing Experienced Insolvency Lawyers with Expertise in Insolvency and Litigation
Insolvency, sequestration and liquidation are complex areas of the law that require specialised knowledge and experience. It is prudent to partner with experienced insolvency lawyers if the best outcome is desired. In South Africa, many lawyers offer advice and assistance to individuals and businesses struggling to service their debt obligations. There are also debt counsellors and other non-lawyers advising individuals in these matters.
Experienced insolvency lawyers are experts in the laws that govern financial distress and bankruptcy. They are equipped to assist individuals and businesses who are struggling with debt by providing legal advice and representation. These experts can guide clients in navigating the legal processes specific to insolvency, liquidation, business rescue, sequestration, and debt restructuring.
Experienced Insolvency Lawyers and Litigation
Litigation lawyers specialise in resolving disputes through the court system. They represent clients in a variety of legal matters, including commercial and labour disputes, and personal injury claims. Litigation lawyers support clients in preparing for trial, negotiating settlements, and providing legal advice on the best course of action. They also select and brief advocates for matters which are heard in the High Court.
There are many instances in insolvency proceedings where lawyers experienced in litigation may be crucial to a favourable outcome for the client. For example, rescission applications against default judgement orders, or the confirmation of provisional sequestration orders may be required. Experienced insolvency lawyers who also understand litigation add an additional layer of competency to your legal team that will give you an important advantage.
Look for insolvency and litigation lawyers in South Africa who have experience working in both areas of the relevant law, particularly where the financially distressed company or individual is also the subject of legal proceedings that have been brought against them. Lawyers with expertise in both insolvency and litigation are able to provide a comprehensive approach to resolving their clients’ problems. Explaining complex legal concepts in a manner that their clients can understand only comes from a wealth of exposure and experience.
The Devil is in the Details
Insolvency and litigation cases may involve large amounts of documentation and legal paperwork and large sums of money. Attention to detail and thorough knowledge of the nuances of the applicable law are vital. Many people may be affected by the outcome of a matter, including shareholders, employees and creditors. Experienced insolvency lawyers can study and review these documents carefully to determine if they are accurate and complete and will ensure that all the procedural requirements have been followed to the letter of the law. Any issues or inconsistencies that could impact their clients’ cases will be identified and rectified.
Complex Legal Processes Require Lawyers with a Proven Track Record
South Africa has a robust legal system with a diverse range of lawyers specialising in different areas of the law. When selecting an insolvency or litigation lawyer, it is important to choose experienced attorneys, based on their expertise and track record. Clients should look for lawyers who have a solid reputation in their field and a slew of successful cases.
These legal processes include strict formal requirements, many of which are time-bound. Many of the decisions that need to be made can dramatically affect the outcome for the insolvent and affected parties.
Francois Uys Incorporated Attorneys are experts in the field of Insolvency Law and Insolvency Litigation. Let us secure the best possible legal and financial outcome for you or your business. Our team has over 33 years’ experience and will achieve the best result with the least possible stress. Let us guide you expertly through the legal formalities.
Getting the best outcome depends very much on the legal advice and guidance you receive at every step of the process. We will assist with all the strategic decisions that need to be taken to protect your interests. Call Francois Uys Inc Attorneys for qualified legal guidance.
Disclaimer: This article is for information purposes only. It does not constitute legal advice and cannot be used to make any decisions. For advice on the topic of insolvency contact Francois Uys Inc Attorneys. The information is relevant as of the date of publishing.
