Drafting court papers and clerk asks young child to open door - Carina Bruwer
couWe are starting to draft court papers and brief council this week. I will continue to post updates, details and anecdotes here, as there has been a huge amount of interest from within and outside my network.
Today, let’s revisit an incident on 2 June, when the clerk from our transferring attorney’s office came to my house to “convey” (they are after all “conveyancers”, according to their letterhead) the news – in the form of a breach letter – that I was in “clear and wilful breach” of the sale agreement pertaining to the new home of which I am the legal purchaser. My legal team will give evidence in court to prove that this “breach” was contrived.
The clerk rang the doorbell, and soon after started knocking loudly on the door.  My 11 year-old daughter responded to the knocking and said that she is not allowed to open the door.  The clerk then attempted to coerce her into opening the door for him, saying things such as: “I have an important letter about your mom’s house, I can explain it to you if you open the door for me”; and “If you don’t want to [open the door], I will just fix a copy to your gate. So, it doesn’t matter which option you choose, but I can give you more details if you want to open the door”.  My daughter, who had known that the transaction was causing me enormous stress, but was up until this point being protected from the details thereof, was terrified and, realising that something was wrong with this interaction, she started recording the conversation approximately midway through from behind the door using her cell phone.  This recording will be made available to the court and the Legal Practice Council in due course.
Lawful? I don’t know. Ethical? Well, I think we’ve long past the point of no return on that subject.
I also include a couple of clauses from a letter issued by said firm, responding to a letter from my attorney that followed this incident.
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