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Simon Francis
Commercial Division
At 05:30 on most mornings you'll find Simon Francis either at the gym or out on his bicycle. Simon is famously focused and disciplined in his sport, and he brings these same qualities to bear in his work as a commercial lawyer and estate planner. With the help of a double Red Bull, we caught up with Simon to find out more about his practice …

I have always appreciated clear communication. I read a lot as a youngster - especially ancient Greek and Roman history - and that gave me an intuitive feel for words and structure. So it was natural that I specialized in commercial law and now spend much of my time drafting and vetting contracts. I find it satisfying to draft a clear, understandable contract … or at least to believe that I have done so!

You might not think so, but imagination is important for a commercial attorney. You need to be able to imagine how a contract will be implemented and where problems might arise. You can add real value by tackling issues that your client might not have considered - your client's position may thereby be better protected or a dispute avoided.

I know I have done a good estate planning job if I can loosen SARS grip on a client. The goal is to reduce a client's tax burden by restructuring his or her assets, primarily through the use of trusts. The end result is that the South African Revenue Service does not get to claim more estate duty and other taxes than is absolutely necessary.

 

I enjoy the rewards of discipline. Sport brings self-discipline into sharp focus, because you have to be disciplined in order to perform. I have always enjoyed sport and was involved in ultra-distance running until my knee began to object. I now do a lot of road and MTB cycling, and hit the gym a couple of times a week to off-set the ravages of Father Time. I particularly enjoy multi-day events, like the Imana and the Sani2C.

With due respect to my "brothers" in litigation, I prefer the constructive aspects of commercial work. At the end of the day, litigation is about fighting over how a cake is to be divided - will your client get more or less than half the confectionery? Commercial work, on the other hand, is about finding a sensible and appropriate solution to a business matter. If you do it right, you can end up with two clients instead of one!

It means a lot to me that clients trust me with their work. Clients give lawyers free access to their confidential business; the least a client should expect in return is truthfulness and a straight-forward approach. I place great store by this and good, long-standing client relationships have followed. I suppose the greatest satisfaction in my practice has been interacting with and assisting those clients, many of whom are also personal friends.

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Postal Address:
P.O.Box 600
Pietermaritzburg 3200
South Africa
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