August 11, 2022

 

Following the changes to the LegalWise Membership Agreement, we have received questions from Members regarding the content in certain sections. Read the answers to more of the questions we received.

“Why do you say,"Don’t talk to me , talk to my lawyer" if I need to be sent to another lawyer. The claims process  is not clear in the Membership Agreement as to why I need to talk to another lawyer who is not in the office and why your appointed Legal Counsellor can't appear on my behalf in court?”

Your Membership consist of two parts, Paralegal Services and Insurance Cover. The current set up of the legal profession in South Africa does not permit lawyers other than those in private practice to appear in court. We therefore do not represent our Members at court but pay a practising lawyer (Attorney /Advocate) legal expenses when required. All non-litigious matters are handled by our Paralegal Services Department, where some of our staff are non-practising but duly admitted and enrolled attorneys or advocates.

“One of the LegalWise exclusions is estate related matters, however one of the inclusions of the Agreement is ‘the death of a person who leaves a Will or trust made in South Africa and in which gives rise to a dispute between you and other heirs about the terms of the Will or trust’.”

The winding up of a deceased estate is an administrative function, and depending on the value and size of an estate it  may be complex and very expensive. As we choose to keep our premuims low we specfically exclude this area of the law. However we recognise that as a beneficiary to an estate you may have a personal right that requires protecting and therefore we keep matters covered related to the dispute between you and other heirs of a deceased estate. 

“Why doesn't LegalWise represent me in hearings and CCMA cases?”

Legal representation is not always allowed in internal company disciplinary proceedings. Where legal representation is permitted at an internal company enquiry we will pay to have a Network Lawyer represent you, if covered. In addition, legal representation is also not allowed by law at the conciliation phase at the CCMA. It is only at arbitration phase and Labour Court where, you may be represented by a Lawyer and we will assess the facts of your matter for cover.

“Exactly what does Claim Value Multiplier mean?”

The Claim Value Multiplier is utilised to determine the maximum amount of legal expenses we are willing to pay per matter, which is twice the value of the existing claim by you, limited by the maximum benefit of your Membership. It exists to encourage acceptance of reasonable offers of settlement. It avoids disproportionate legal expenses when there is a risk of either a very small or no reward. 

"Does LegalWise store my Will?

Only applicable to Platinum Members. LegalWise will pay an appointed Lawyer to draft a simple Will, a copy of the Will is kept by the appointed Lawyer, not by LegalWise.

“I don’t have my Schedule of Insurance, where can I find it?”

You can download the LegalWise App from the Apple App or Google Play stores, register and access it from there, you can visit a Branch where it can be provided to you, you can contact LegalWise telephonically or via e-mail, WhatsApp, or online and request a copy be sent to you in the post.

“Are Stokvel disputes covered?”

A stokvel has no juristic personality separate from its members and hence, stokvel disputes are not covered as we will not cover a claim to sue yourself.

“How long do you need to be living with someone to qualify for benefits as a Life Partner of the main Member?”

To determine the qualifying criteria to be a Life Partner the Membership Agreement refers to the Schedule of Insurance, which requires that you must have been living with the main Member if you were married by civil rights or customary law or living together as life partners. This period is specified to be 2 years, to ensure that multiple partners do not enjoy the benefit while not in a lasting relationship with the main Member. 

“Why does LegalWise not draft any documents?”

LegalWise provides basic legal documents for which templates exist on our website under https://www.legalwise.co.za/help-yourself/legal-contracts

“What is Paralegal services?”

This is the in-house legal assistance offered to you to prevent the need for formal legal action in Court. Through this service many disputes, potential disputes and Court cases are avoided.

“Why do you not cover defamation of character?”

Our Gold, GoldPLUS, Platinum and Extended Family Protection Benefit Membership options only cover defamation claims against the Member. Our Teacher, Healthcare Professional and Enforcement Officer Benefit however will cover defamation claims by or against the main Member in both his/her personal and private capacity as well as in the course and scope of his/her employment.

“Why don’t you pay for conveyancing fees?”

Our Platinum Membership option offers a 60% discount on the transfer fees only and is limited to the services of our preferred Conveyancer.