| Tim's primary school teacher predicted
that, if he were not jailed first, Tim would end up as
a journalist or a writer. She turned out to be at least
partially correct - as a commer-cial and labour attorney
Tim works with words every day. Over a cup of coffee we
found out how Tim puts words into action …
A good contract starts with clear analysis.
Whether you are dealing with a lease, the sale
of shares or the supply of materials, you really need
to understand your client's business. From this basis,
you can begin to ask 'what if' questions - this helps
you to understand the possible outcomes and risks, and
how to protect your client in each of these scenarios.
I have always hated the poor use of words.
A bad advertising slogan, especially one that misses
an obvious opportunity, really gets me going. Contracts
require the same degree of care. Your words must record
the arrangements between the parties as economically
and clearly as possible. Venn Nemeth and Hart has never
enjoyed 'legalese'; we feel that we have done our job
properly if everyone understands our contracts.
Labour law often has a much more personal aspect.
I enjoy the logical thinking required for drafting
contracts, but the CCMA and the labour court offer a totally
different type of work. The employment relationship gives
rise to strong emotions, both positive and negative, so
dismissal is bound to be an emotional business. I enjoy
this as a change from the logical precision of contract
work. You also need to be able to switch between adversarial
and negotiating mode. You need to fight when you have
to, but it often makes sense to explore acceptable methods
of settling labour disputes.
|
I think you can teach an old
dog new tricks! I recently completed an MBA
through the University of Stellenbosch. It was hard
work, with regular trips down to Cape Town for two-week
lecture and examination sessions. The MBA has given
me new insight into my clients' businesses and has added
some depth to my role as director responsible for marketing.
It all comes back to my dear
teacher's prediction. I pretty much live by
words. Contracts are all about clarity and precision
in the use of words. Labour work depends on using words
persuasively, whether to convince an adjudicator or
to predispose your opposition towards settling a matter
favourably. |
ffee
with tim
ffee
with tim
