Keywords

litigation, action proceedings, application proceedings, legal drafting, disputes of fact, timeframes, legal documents, attorney practice, court procedures, legal advice, South African Law, South Africa

Summary

This conversation delves into the critical distinctions between action and application proceedings in litigation, exploring the implications of each choice for attorneys. The discussion covers the procedural differences, timeframes, types of applications, and the importance of understanding disputes of fact versus law. Additionally, the speakers emphasise the significance of proper legal drafting and the common pitfalls that can arise, providing insights and anecdotes from their experiences in practice.

Takeaways

• Attorneys face a dilemma in choosing between action and application proceedings.
• Application proceedings are generally quicker and cheaper than action proceedings.
• Trials can be lengthy and expensive, often leading to client dissatisfaction.
• Understanding the timeframes for different court procedures is crucial.
• There are various types of applications, including ex parte and interlocutory applications.
• Disputes of fact must be handled through action proceedings, not applications.
• The structure of legal documents varies significantly between affidavits and particulars of claim.
• Common drafting mistakes can lead to serious financial consequences for clients.
• Legal practitioners should be meticulous with party citations to avoid dismissals.
• Taking leave as an attorney can feel uncomfortable, but it's essential for well-being.

🎙️ First court appearance? Deep breaths. You’ve got this.

In this episode of The Learned Colleagues Club, your hosts Roxanne and Mónica spill the (legal) tea on their very first days in court - the wins, the whoopsies, and the lessons they wish someone had told them before stepping into the courtroom.

👩‍⚖️ From courtroom etiquette 101 to the rookie mistakes that scream “newbie,” we cover it all, obviously with a healthy dose of humour (because sometimes you have to laugh so you don’t cry).

Here’s what’s on the roll:

• The rookie slip-ups we’ve seen (and made!) so you don’t have to.
• Costs de bonis propriis moments that deserve their own comedy special (foam sandals, anyone?).
• Candidate attorney survival tips — because rights of appearance and respect for the court go hand-in-hand.

Whether you’re a law student, candidate attorney, or just here for the courtroom drama, this episode will have you nodding, laughing, and walking into court like you mean business.

🎧 Hit play, learn from our mistakes, and maybe avoid a costs de bonis propriis order on your first day.

If you have any stories that you think deserve a costs de bonis propriis order and mention on our costs de bonis propriis roast corner, send us as DM on instagram @edulawsa.

Otherwise, hit subscribe and follow us on:

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In this kickoff episode, our hosts, Roxanne and Monica get real about the messy, unpredictable world of being a legal professional in South Africa. From missing court files to disappearing toilet seats (yes, really), they share the hard truths, practical tips, and survival hacks they wish someone had told them before starting their legal careers.

What you’ll learn:

• Why recording your principal’s instructions is a game-changer;
• The importance of polite courtroom manners (especially with security!);
• The myth of standardized court procedures;

• Stationery hoarding: not optional;

• Safety tips for court visits;
• Setting boundaries + prioritising your sanity;

• Why legal WhatsApp groups are your secret weapon.

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Hashtags: #LegalInsights #AttorneyLife #SouthAfricaLaw