Lawyer Douglas Shaw is expected to oppose an application by the Legal Practice Council which is seeking his suspension.
Image: File: Timothy Bernard / Independent Newspapers
The Legal Practice Council's case to have attorney Douglas Shaw suspended for appearing in a matter, where the applicants are seeking certification of a R60 billion class action against major banks, is expected before the court this week.
Shaw appeared earlier this year in the Johannesburg High Court without a Fidelity Fund Certificate - which is a vital document that all attorneys and some advocates must have. This document is a mandatory annual licence for legal practitioners (attorneys and certain advocates) in South Africa, confirming they are authorised to operate a trust account and handle client funds. It is issued by the Legal Practice Council (LPC) and protects the public against theft of funds.
Shaw has been driving the class case on behalf of previous homeowners who initiated the action against the banks aggrieved with how they lost their homes.
The LPC has now filed an application in the Gauteng High Court, Pretoria, for an urgent order seeking to have Shaw suspended.
Earlier this year, as Judge Leonie Windell was preparing to hear the long-awaited banks application, a legal representative for one of the banks informed the court that Shaw did not have a Fidelity Fund Certificate. This, the court was told, was divulged by a whistleblower.
Shaw explained to the court at the time that he had the certificate last year, but it was not renewed for this year. He explained that due to work pressure and being "overwhelmed", he simply did not get around to renewing it.
He, however, assured the court that he is on the brink of receiving it and that only a few documents required by the LPC were still outstanding.
But Judge Windell was adamant that without it, he would be off the case. She also requested the LPC to investigate the matter and to report back to court. The Gauteng arm of the LPC, in its report, stated that Shaw not only brought the legal profession into disrepute but committed a criminal offence when he appeared without a Fidelity Fund Certificate.
The Investigating Committee of the LPC recommended that an urgent application be brought to suspend Shaw from the roll of legal practitioners.
While the LPC has remained mum regarding the application, Shaw yesterday did confirm that the matter will be in court this week.
He declined to comment on the issue at this stage, other than to say that he will vigorously oppose it.
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