Cautionary Aspects Regarding an Attorney's Trust Account. Wypkema v Lubbe [2007] SCA 36 (RSA)

Journal of Contemporary Roman-Dutch Law, Vol 70, p. 521-526, 2007

6 Pages Posted: 5 Feb 2016

See all articles by C. J. Nagel

C. J. Nagel

University of Pretoria - Faculty of Law

JT Pretorius

University of South Africa (UNISA) - School of Law

Date Written: August 4, 2007

Abstract

This decision may have important consequences for practising attorneys as far as their trust accounts are concerned. Not only did the Supreme Court of Appeal correct the court a quo’s misconceptions regarding the nature of an attorney’s liability as drawer on a cheque drawn by him on his trust account, but it also held that the conduct and the propriety of issuing a post-dated cheque on a trust account, should be investigated.

Keywords: Attorney, trust account, post-dated cheque

Suggested Citation

Nagel, C. J. and Pretorius, Joseph Thomas, Cautionary Aspects Regarding an Attorney's Trust Account. Wypkema v Lubbe [2007] SCA 36 (RSA) (August 4, 2007). Journal of Contemporary Roman-Dutch Law, Vol 70, p. 521-526, 2007, Available at SSRN: https://ssrn.com/abstract=2727721

C. J. Nagel (Contact Author)

University of Pretoria - Faculty of Law ( email )

Lynnwood Road
Pretoria, 0002
South Africa

Joseph Thomas Pretorius

University of South Africa (UNISA) - School of Law ( email )

South Africa

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