Hinrichsen Attorneys

It's women's month, and with so many workplace sexual harassment scandals becoming headline news, it would be remiss not to include harassment in a discussion around women in the professional sphere. In spite of the incredible progress that has been made in the search for true gender equality, it is all to easy to become discouraged by what looks like a lack of systemic change when a new prominent harassment lawsuit appears in the news every other week. There are many inspiring examples of women pushing back against unfair treatment and structural imbalance – a particularly good example is that of Anita Hill.

A particular situation often faced by parties to a dispute is one where the underlying contract which dictates the terms on which the parties are arguing is either partly signed, or worse, not signed at all. It is important to consider the enforceability of such agreements. When considering case law, the question as to whether an unsigned contract is enforceable, may be answered as follows-  Aside from various types of legal documents where the signature of the parties is required by law, it is not required that an ordinary agreement that is documented in writing must always be signed by the contracting parties in order for it to create binding obligations between them. However, proving that the contracting parties have reached consensus in a written agreement that has not been signed places a high burden of proof on the claimant. 

Due to Hinrichsen Attorneys ever expanding presence, and in accordance with client demands, we have established a Cape Town Branch which opened in March of this year. While our new office offers all of the same services provided by us nationwide, our Cape Town branch, managed by Elke Kiehm, specialises in family law and deceased estate administration. This includes -

The Sale Agreement Buying or Selling property is the biggest financial commitment most of us will ever undertake. It is thus very important that the Estate Agent and Attorneys are chosen carefully. The Estate Agent will explain the terms of the sale agreement to the parties - who must ensure that they ask questions and understand all the terms before signing the agreement. Once the agreement of sale is signed, it is a binding contract between the Seller and Purchaser. What are Suspensive Conditions? The Sale Agreement may contain "Suspensive Conditions". These are conditions which must be fulfilled before the transfer process can begin. The most common suspensive condition is the granting of a bond to the Purchaser. A bond is a loan of money to the Purchaser by a bank to enable him to pay the purchase price of the property, on security of the property purchased. It records that if the Purchaser fails to make the bond repayments, the bank will be entitled to sell the p

When a company wishes to appoint a non-executive (or alternatively, a non-CEO) chairperson to oversee the board of directors, it is important to be cognisant of the guidelines set out in the the King Code on Corporate Governance for South Africa (The Institute of Directors in Southern Africa) September 2009 (otherwise referred to as "King III").

When one considers the relationship between directorship and employment, various unseen issues can arise.   One of the major aspects, that few business owners consider, is that a Director is also an employee, and therefore the laws that govern such an employee will also govern the Director in his or her capacity as an employee. This creates complications that are often overlooked. The central issue revolves around one person wearing two hats, being that of director and employee. Specifically, the question is whether such a person can resign as director whilst remaining an employee of the company.

In 2012, Dale Hinrichsen made the transition from being an advocate and member of the Pretoria Society of Advocates to becoming an admitted attorney. It was thereafter that Hinrichsen Attorneys was formed and begun its expeditious climb to becoming one of the highest regarded law firms on the West Rand. While Hinrichsen Attorneys, like most small firms, started out by applying its operations to all the general aspects of law, helping individuals with personal disputes and family law as well as aiding smaller companies with contract drafting, collections and general litigation. The first branch of specificity came in the form of mining law, whereby the firm developed a strong allegiance to an impressive array of mining experts and consultants. It was hereafter that the firm began to pursue more specialised fields, which served as a catalyst to accelerate its already exponential growth. Utilising the business world’s dire need for a world class corporate law firm on