Bar Council, advocate to face off over fees

THE Cape Bar Council will today face off in the Western Cape High Court with an advocate over unpaid “floor dues” but critics say the issue touches on transformation in the legal fraternity.

The council wants the Western Cape High Court to order that Fairuz Seria pay her floor fees, to “Group 10” a voluntary association of advocates who collectively pay for the use of kitchen, office, and reception services on the first floor at 50 Keerom Street.

In an affidavit, Seria has asked the court to overrule a disciplinary finding of the council’s sub-committee that she was guilty of unprofessional conduct and ordered that she pay all outstanding floor fees.

Group 10 had indicated that it would raise fees after it had incurred a loss of R6 334 and a tax liability of R150 000. Floor dues were raised to R3 000 from December, 2015 which would be increased 10% for each year.

In a written response, Seria said she would not be able to afford the increased fee “as my practice barely met its month-end commitments, exacerbated by skewed and racist briefing patterns”.

Advocates are not allowed to tout and can only be briefed via instructing attorneys, including the State attorney, who represents government departments and agencies.

On December 9, 2015 Seria’s floor services were cut, including her telephone, despite informing Group 10 that she had made payment at the start of that month. Instead of paying the revised fee, she had paid R2 500.

Seria then resigned from Group 10, and made arrangements which meant she no longer needed their services.

Seria’s colleague Pearl Mathibela said Group 10 continued to bill her every month. She maintained her chamber, and a lease agreement with her landlord which was separate from Group 10 services.

A complaint was lodged with the Cape Bar Council which threatened to expel her as an advocate.

Cape Bar Council chairperson Louis Buikman in her responding affidavit said Seria was not entitled to any relief as she was not subject to any form of discrimination by the Cape Bar Council or Group 10.

She said despite Seria’s claims , the Cape Bar was committed to transform and had taken tangible steps, including a requirement that 50% of its members be black.