Court to examine ‘touting’ case

2008-06-17 00:00

A THREE-DAY case in which the KwaZulu-Natal Law Society will apply for five partners of one of Durban’s biggest law firms to be struck from the roll of attorneys and conveyancers centres on what permissible marketing, advertising and promotion activities can be undertaken by attorneys.

The case, regarded as a test, will be heard in the Pietermaritzburg High Court for the rest of this week.

Bruce Forrest, managing partner of the firm Meumann White, says that although the firm spent R1,7 million on sponsorships, advertising, gifts etc., its marketing expenditure is unobjectionable.

However, the Law Society says that some firms have complained of the “buying” of work and touting and that attorneys who stick to ethical standards are not likely to get a share of the work, if any.

Forrest argues that rules permitting advertising and prohibiting touting are not clear- cut.

“Although certain conduct falls within one category or the other, between these extremes it is practically impossible to determine where the line separating the permissible from the impermissible is to be drawn.

“While advertising may influence an intermediary (such as an estate agent or bank in a property deal) to recommend the advertiser, this is not touting because the recommendation does not flow from a calculated inducement, but rather from a choice that is informed by the advertising offered and the goodwill it generates,” Forrest says.

Meumann White has five partners and attends to three percent of the property transfers in the province.

It has eight branches in the greater Durban area.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.