Incorporated Law Society v Frost [1914] ZATPD 79 (13 July 1914)

Attorney.-Country and town attorney.-Collection of fees, etc., in lawsuit.-lnability to pay over.-lmproper conduct.

F, a country attorney, instructed R, a Pretoria attorney, to defend a certain action in the Transvaal Provincial Division Judgment was given for the defendants with costs, which costs amounting to £600 were recovered under a writ and paid over to F. Half of that amount was due to R for fees and disbursements in the said action. R having obtained judgment by default against F for their half-share, issued a writ against F, who made a return of' nulla bona. Held, in an application by the Law Society, that F was guilty of improper conduct in using that portion of the money due to R. F. was ordered to pay over the money due to R within a certain period, and having failed to comply with the order, the Court suspended him from practice for six months, and directed him to pay the costs of the application.