Bregman Moodley Attorneys Inc has been chosen as a winner of a 2019 International Advisory Experts Award in the categories Wills & Estate/Divorce Law services in South Africa.
Clients want comfort, reassurance, and connection during the most stressful life events, like getting a divorce, the death of a spouse, suffering personal injury or illness or going to court to litigate a dispute.
Clients fear uncertainty. Although we can’t guarantee outcomes, we can help clients understand the most likely outcomes. To assure satisfaction, we will give you an honest and frank assessment of your case and set expectations with you upfront (what you expect and the likelihood of achieving it).
Our tag line is Bee at ease – We’re here for you and you will get through this.
We have taken the sting out of legal problems since 1974.
WHAT WE DO:
COMMERCIAL WORK FOR CORPORATIONS: whether you are a start-up or an established business, we will work proactively with you to help you put appropriate, best-practice, commercial agreements in place to be compliant with our many laws, which cater for engagement with your shareholders, employees and suppliers.
LEGAL WORK FOR OWNERS AND INDIVIDUALS:
For the past 48 years, we have handled a variety of legal matters including conveyancing, insolvency, rehabilitation, litigation in all courts, family law, labour law, wills, trusts and winding up of deceased estates.
WHAT MAKES US DIFFERENT:
Except in matters involving litigation, we provide fixed-fee legal services based on the value of the work performed rather than the number of hours worked. We provide a retainer option to several of our clients, tailored to their specific business requirements.
WHAT OTHERS SAY:
“Over my 45-year career in corporate and investment banking I have dealt with most of the major law firms in Johannesburg. My dilemma was whether to now use a large law firm or a smaller law firm that would provide a more personal working relationship at a more reasonable cost. I Googled Bregman Moodley Attorneys Inc. We were not disappointed. Bregman Moodley’s depth of experience, their energy, and their network, proved invaluable. We were given feedback every step of the way. Bigger is not necessarily better”. –Eric and Mandy
Practice areas
Business
Commercial Law Services
Bregman Moodley Attorneys Inc has a BEE Level 4 rating. View our certificate.
How can we take the sting out of your commercial legal problems?
Whether you are a start-up or an established business, we will work proactively with you to help you put appropriate, best-practice, commercial agreements in place to be compliant with our many laws, which cater for engagement with your shareholders, employees and suppliers.
We DO OUR BEST to provide EXCEPTIONAL service in the broad areas of commercial and corporate law.
Including:
- Commercial and Corporate Law
- Employment and Labour Law
- Commercial Property Legislation
- Commercial litigation
Sharusha Moodley heads up our Commercial Law department, which specialises in commercial drafting and litigation in all courts involving commercial and employment disputes.
When drafting commercial contracts, we offer alternative billing arrangements such as agreeing on a fixed fee up front, that will give you peace of mind by assuring that you won’t be met with unexpected legal fees.
- Contract Drafting
- Distributor Agreements
- Lease Agreements
- Legal Agreements
- Purchase Agreements
- Offers to Purchase
- Sale Agreements
- Shareholders Agreements
In need of commercial lawyers? Contact us today!
Consumer Rights
Consumer Protection Law
The Consumer Protection Act means diverse things for consumers and business owners alike. On the one hand, it is a method for consumers to have businesses with unlawful practices held accountable for their behaviour. On the other hand, it is a chance for businesses who are on the right path to improve their systems.
This important piece of legislation affects the day to day activities of every person involved directly or indirectly with a business. It aims to protect the consumer and challenge the business owner to do better.
Consumer Protection is more intricate than just a few rights afforded to the consumer. It sets out strict guidelines for businesses to do more to support their customers. It gives customers more protection and influence on where and what they want to purchase.
As a legal service provider, we are committed to assisting you in adhering to the regulations that the Consumer Protection Act framework provides and to ensure that your business complies fully with the legislation.
Let us assess and develop your business agreements and policies. The larger your business becomes, the more demand the Consumer Protection Act will put onto your day to day processes.
We will assure that you are informed and understand what the Act entails. We will be there, providing step by step advice and explanations so that you know where you are going wrong and right.
As a business owner, you know that you can always improve. As such, we will develop the performance of your business and ensure full legal compliance.
The less you comply with the Consumer Protection Act, the more risk there is that you expose yourself to fines and the possibility of legal action being taken. The reputation of your business is also on the line.
Furthermore, the better you treat your clients and the more in line you are with the regulations, the more beneficial your brand perception becomes.
We take a weighted risk-based approach in conducting an exercise in assessing and augmenting your regulatory compliance. In doing so we need an in-depth understanding of the structure of your business, your product offerings, business processes and your contracts with your service providers, clients and consumers as defined in the CPA.
Lawsuits & Disputes
Alternative Dispute Resolution Lawyers
Dispute resolution procedures are effective alternatives to costly and drawn-out litigation. The most common of these are arbitration and mediation. Our dispute resolution lawyers can assist you in these matters.
Alternative dispute resolution, or ADR law, is encouraged for mediation and other cost-effective dispute resolution and prevention techniques in commercial and public-sector dealings.
It would be best if you made provision in all your agreements to resolve any dispute, disagreement, or claim arising between the parties concerning that agreement. The parties should try to negotiate the matter with the help of dispute resolution lawyers. With the assistance of dispute resolution lawyers, one party then invites the other in writing to meet and attempt to resolve the dispute within seven (7) days from the date of the written invitation.
The parties agree to refer the dispute to a dispute resolution committee that may include the chairman or a nominated non-executive director of each of the parties. The obligation to refer to such a committee should be binding. Each committee member will have a single vote, and the procedure will be subject to appropriate time restrictions. The decision of such a committee will not be binding upon the parties.
Suppose the parties can’t resolve the dispute on this basis. In that case, such a dispute, difference or question will be submitted to and determined by mediation or arbitration facilitated by dispute resolution lawyers.
Mediation is a voluntary procedure where the parties jointly appoint an impartial third party to assist them in arriving at an agreed resolution of the dispute, particularly when they wish to maintain an ongoing relationship. The decision of such a mediator will not be binding upon the parties.
Arbitration is when the parties jointly appoint an impartial third party to resolve the dispute between them following their legal rights. The most important feature of arbitration is its consensual basis, which makes it an exceptionally flexible procedure. Therefore, the parties can adapt the process, considering the nature of the dispute and the amount at stake.
The Arbitration Foundation of Southern Africa is among the many organisations that facilitate the running of arbitrations. On the other hand, the London Court of International Arbitration and the International Chamber of Commerce administer international disputes.
Contact our team of dispute resolution lawyers to assist you with any matter subject to ADR law.
Insurance
Insurance Law
Insurance Lawyers
All businesses – from the biggest to the smallest – run the risk of incurring unforeseen losses. For instance, a grocer may lose stock in a flood, a factory may be destroyed by fire or a tailor may lose materials in a burglary. Total catastrophe can often be avoided if your business has been adequately insured.
Business insurance protects against unforeseen damage or loss which could jeopardise your company. These include business interruption cover (e.g. where your business is forced to close due to a pandemic), and business insurance against stock and equipment loss caused by fire, theft, or other acts of God. You enter into a contract with the insurer that against payment of premiums it guarantees to compensate you for loss. Without such cover your business could suffer a loss from which it may never recover.
If you own a home, you need both homeowner’s insurance and household insurance. While homeowner’s insurance covers the structure of your dwelling – the foundations, the walls, and the roof – household insurance covers the contents of your home, such as your appliances, furniture, and personal belongings.
Insurance companies rely very heavily on the small print in their contracts, to reject your claim. If your vehicle is damaged in a collision and it is found that you were drinking and your car’s tyres were worn, the claim may be repudiated on those two grounds,
The insurance lawyers team at Bregman Moodley Attorneys Inc can guide you by interpreting the clauses in the insurance policy (such as any exclusion clauses in terms of which benefits will not be paid) and how to proceed against the insurance company should it repudiate a claim (e.g. where the rejection is against public policy or grossly and palpably unfair).
Our services include:
- Advice and opinions on insurance legislation and acts.
- Interpretation of insurance laws and policies.
- Litigation on policy liability or repudiated claims.
- Insurance claims litigation.
- Proofreading and interpretation of policy manuals and wording.
Our skilled insurance lawyers will protect you against insurance scams or lack of care from your insurance provider. Our team will ensure that you are not paying any more than you should be and that you will be covered for valid claims.
Contact us today for more information on our legal services. Additionally, you can browse through our services to find exactly what you need.
Employment & Labor
Labour Law / CCMA / Arbitration
If you require specialist labour law advice, our expert team of skilled employment lawyers are here to guide and support you. Whether you are an employee or employer, we are highly skilled to achieve the best results for you.
Our services include contract negotiation and advice, representation at the CCMA, High Court, Labour Court and Labour Appeal Court and Bargaining Councils, to name a few. We also train management and staff on all aspects of employment law, conduct private disciplinary hearings, from the basic level all the way to the highest executive stage.
We offer audits of your employment contracts and deal with any proofreading, editing and drafting of all contracts and codes of conduct. We also conduct independent and objective workplace investigations to establish the facts relating to significant wrongdoing, misconduct, or ethical lapses at work, usually part of the organization’s grievance and disciplinary procedure.
Our team are specialist Labour Law litigation experts.
We will set and aim to meet all your expectations for successful labour related outcomes. We will educate you on the practical application and broader knowledge and understanding of labour legislation in conflict situations. Our team will support and fully advise you of next steps through the labour law process.
We will guide you through the labour law minefield of legislation, including Acts such as the Employment Equity Act, the Labour Relations Act and the CCMA Act and rules. With our help, you will be compliant with our laws and avoid the possible consequence of unfavourable orders or judgments, “claims for defamation” if an employee posts defamatory slurs on social media, loss of goodwill and reputation or even more dire consequences.
Our skilled labour law team will assist as professional advisors with practical advice on tactics and advice in terms of retrenchment and other processes, settlement offers and general steps to minimise risk and costs. With our help we will ensure that you use the labour law correctly, by complying with minimum pay, work hours, leave, etc., and fully comply with the myriad labour law Acts and regulation.
In this way, your actions will be above reproach and no-one – least of all a court or tribunal – will hold you accountable for any breach or unfair labour law practice.
We will hold your hand through all processes and procedures with best-practice contracts and compliance issues. Regard us as your outsourced labour law department to provide up-to-date methodologies and training.
If you are an employee and believe that your employer is not following the labour law, we are here for you. We will represent you by offering services that will ensure that you obtain relief for unfair business practices.
Thank you for choosing Bregman Moodley Attorneys Inc. Contact us today for more information.
Click here to review the Labour Law services we provide, in more detail
Family
Family lawyers
As Family lawyers, Bregman Moodley Attorneys Inc are members of the Gauteng Family Law Forum and subscribe to its tenets by approaching family law matters in a constructive way, seeking to resolve and not to inflame.
We are skilled at resolving family law disputes with a constructive mindset. By working holistically with our clients and opposing parties, our goal is to ensure that both parties come away happier than when they walked in. We seek a win-win outcome.
In some cases, we can’t always resolve matters in a way where both parties are happy. However, we are dedicated to attaining this goal with every case which we take on. Our law obliges parties to attempt to mediate disputes before proceeding to trial. We employ alternative dispute resolution methods to minimise costs, avoid unecessary acrimony and speed up the matrimonial disputes, be they divorce, maintenance for the wife or children, contact with the children locally or overseas, separation agreements, life partnership (or cohabitation) agreements, parenting plans, estate planning (including wills and trusts) and many others.
Each matrimonial matter and problem is different and entails varying levels of complexity. We hold your hand through the process, advising you each step of the way, from start to finish. As we are not as emotionally invested as you are we will look at only the facts, and act objectively in the best interest of the parties, especially if there are children involved.
Family law attempts to enforce human rights laws, in an equal manner. All members of society deserve to have legal backing which guides them to a place where they can continue their lives even after a marriage or permanent relationship has ended.
In life, sometimes people grow apart. This does not mean that their relationship has to end badly, where the parties hate each other and the children are in the crossfire. In that situation, emotional scarring happens. We rather attempt to create a process of healing where the parties respect each other after going their separate ways. Our experience, integrity and professionalism will help immensely.
Contact us today for more information.
Immigration
Immigration Appeals & Laws
VISA Applications & Residence Permits
Our VISA Applications & Residence Permits fall under the amended Immigration Act of 2002 and its regulations. We work closely with Sophia Cloete who specialises in immigration and refugee law. Sophia has a keen passion for human rights and thrives in the global reach of immigration and refugee law, where much of her client base consists of African nationals.
Bregman Moodley Attorneys Inc will handle and file your paperwork correctly, promptly and efficiently with the Department of Home Affairs, for those abroad and within the South African border. We know how to assist you through the process to apply for residence and work permits, rights to citizenship and refugee status applications. We also handle appeal applications quickly and at affordable rates. Within the framework of expected delays at Home Affairs, we have forged relationships with officials in the department to speed up the processes.
Our expertise prevents untimely delays or mistakes with the lodging of documents. Using our services will minimise frustration dealing with Home Affairs: we know what goes into getting an appeal heard and visas and permanent residence or citizenship granted. We know how the system works and who is the best person to contact.
We offer support for the following visas:
- Permanent residence permits
- Critical skills work visas
- General work visas
- Intra-company transfer work visas
- Spousal visas
- Relative’s visas
- Study visas
- Retired person visa
- Business visas
- Medical treatment visa
- Appeals and reviews
- Exemptions/waivers
- Upliftment and removal of name from the v-list (undesirability and prohibition)
We also offer comprehensive assistance with the applications, in support of permanent residence permits. On top of this, we extend support for temporary residence visa applications which involve:
- Applications for professional body membership and critical skills work visa endorsement letter
- Applications to South African Qualifications Authority (SAQA) for verification of foreign qualifications
Our expert team will fully explain all your options to you. In some instances, there are circumstances which may limit certain movement or rights which are afforded to citizens of a country. After we consult with you either face-to-face or via e-meetings, you will clearly understand the immigration and refugee steps to follow, and possibly apply for citizenship in the future.
Real Estate
Conveyancing & Property Law
Property law is that area of the law dealing with the right of use, control, and disposition which one may lawfully exercise over things, objects, or land.
Immovable Property
Immovable or fixed property includes land and things which are permanently attached to the land. Anything that is not real property is termed personal property.
Personal Property
Cars, bank accounts, wages, a small business, furniture, insurance policies, jewellery, patents, pets and season rugby tickets are all examples of personal property. Personal property may also be called personal effects or movable property.
Property law is an important legal arrangement that protects individuals or legal entities that own personal or fixed property. It deals with the right to purchase, use, and control their personal and immovable property. It also obliges one neighbour to respect the rights of his surrounding neighbours and not subject them to nuisance like loud noise.
These personal possessions are yours and yours alone, that no one can take away from you. Our skilled team of property law experts at Bregman Moodley Attorneys Inc can assist you in drafting contracts to buy or sell your property, such as agreements of sale or lease (business or residential), buying or selling your other assets, and and a myriad of other issues relating to acquiring or disposing of personal and fixed property. We can also assist you if your ownership of any assets, movable or immovable, is at risk. We have enjoyed much success in the courts protecting or recovering our clients’ hard-earned property.
Contact us for more information.