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Bobroffs face their toughest challenge ever

Allegedly overcharged clients apply urgently for Ronald and Darren Bobroff to be suspended.

Father and son personal injury attorneys, Ronald and Darren Bobroff, face their toughest challenge ever.  Matthew and Jennifer Graham, former clients who were allegedly overcharged by Ronald Bobroff and Partners (RBP), have brought an urgent application in the Pretoria High Court asking a full bench of judges to suspend the Bobroffs from practising law pending an investigation into the firm’s billing practices, as well as its business and trust accounts.

This application is unique as normally only a law society, the statutory body that governs the attorney profession, would apply for such an order.  An application by ordinary citizens has never successfully been argued in our courts, but there seems to be legal precedent that has paved the way for it. 

Illegal fee agreements

The Grahams have brought the application after a period of four years in which the Law Society of the Northern Provinces (LSNP) dragged its heels in dealing with their complaint that RBP overcharged them.

They complained to the LSNP after it became apparent that RBP overcharged them using its controversial common law contingency fee agreement (CLCFA) when the firm claimed on behalf of the Grahams from the Road Accident Fund (RAF). 

In February 2014 the Constitutional Court in another matter declared that the Bobroffs’ CLCFA was illegal and did not comply with the Contingency Fees Act.

Read Bobroff’s contingency regime unlawful

Read Bobroff finally concedes his fee agreements are illegal

Suspension application

In April last year judge Billy Mothle, in the application brought by the Grahams against the LSNP to do an inspection, ordered that the LSNP immediately proceed to inspect RBP’s practice and accounts.

Read Law Society ‘ordered’ to judge Bobroff 

The Bobroffs appealed against this ruling and the case went to the Constitutional Court.  In November the court refused to hear the appeal, as it deemed there were no prospects of success for the Bobroffs. 

The LSNP then tried to conduct an inspection at the firm, but the Bobroffs curtailed access to the records that the investigation team were mandated to see.

It in response to the Graham’s original application that the LSNP has now applied for clarification of the ambit of Mohtle’s order and noted that the Bobroffs have been obstructive.

George van Niekerk

As part of the application, the Graham’s attorney George van Niekerk also filed an affidavit in which he asks for the urgent suspension of the Bobroffs, as well as for the appointment of a court-appointed curator to run the law firm and investigate the fees charged to all RBP’s historic clients. This is so that all clients who were overcharged could be refunded. 

Areas of attack

Van Niekerk’s affidavit largely focuses on the conduct of the Bobroffs and of the LSNP. 

He points out that the sheer volume of litigation against the Bobroffs, in which the LSNP was cited, should have been enough to cause the LSNP to make its own inquiry into the affairs of the Bobroffs and RBP.

Van Niekerk also said the Bobroffs relied heavily on the LSNP to defend them in their continued use of its contingency fee agreements.

Fourteen clients have sued the Bobroffs for an accounting and repayment and RBP has already refunded some R10 million to former clients. 

Defamatory attacks

A substantial part of Van Niekerk’s affidavit was devoted to what he called, “Defamatory attacks by the Bobroffs” on everyone who did not agree with their view of CLCFAs.

Read Bobroffs shouts “vendetta”

Bobroffs have, via RBP’s website and social media, attacked several parties, including this journalist, Moneyweb editor Ryk van Niekerk (not related to George van Niekerk), Jeff Katz of Discovery and Anthony Millar from Norman Berger and Partners and RBP whistleblower Cora van der Merwe. These “defamatory attacks” continued after the Bobroffs last year gave an undertaking to the LSNP that they would not continue to do so.

Van Niekerk described this conduct in the court papers as, “an astounding affront to the LSNP’s authority.”

Read Darren Bobroff is a disgrace to the Law Society

Van Niekerk also noted that the LSNP’s actions had been “insufficient” and that even though they had vast powers in terms of the Attorneys Act, they had adopted a supine position, and that this attitude did not accord with the LSNP’s statutory duties.

Modus operandi

Van Niekerk:  “The evidence, and flood of litigation by past clients, demonstrates that the Bobroffs operated in terms of a particular modus operandi.  This means that there are other past clients who have been overcharged under the guise of CLCFAs.  The ultimate effect of the raft of litigation against the Bobroffs is that they must account to their past clients.”

No comment was received from the Bobroffs, the LSNP or the RAF at the time of publication.

Read the LSNP’s application here.

Read the Grahams’ application below:

Notice of counter-application

Answering Affidavit (pages 1-35)

Answering Affidavit (pages 36-70)

Answering Affidavit (pages 71-100)

Answering Affidavit (pages 101-125)

Filing Sheet – Confirmatory Affidavit Anthony Millar

Confirmatory Affidavit Anthony Millar

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Your article unsurprisingly is devoid of truth and fails to mention that the so called clients are challenging RBP are those instigated by Discovery Health and Anthony Millar. Your honest journalist fails to mention that Fluxmans attorneys also used the law society common law fee agreement and over eighty percent of SA attorneys used such agreement. RBP are being attacked by Discovery who were recently exposed for misappropriating their victims accident compensation monies which is a criminal offense. Your journalist Beamish deliberate
Ignores all other attorneys who his conspirator Millar has sued. There are some thirty complaints against Anthony Millar involving unlawful touting of poor accident patients at Natalspruit hospital and oh her serious strikeable offenses. Discovery’s lawyer Van Niekerk has committed perjury and is again trying to do what he failed at doing last year. It is believed RBP will be launching an application to have Van Niekerk declared a vexatious litigant and suspended from practice. Journalist Beamish has committed numerous criminal offenses to aid his co conspirators and will also face the law. If RBP were suspended so would every other attorney who does RAF work in particular Discovery’s touting panel attorneys.

And which Bobroff are you?

I should imagine that Law News is Ronald Bobroff since his spelling and syntax is marginally better than Darren’s. Given that there have been over 10 judgements against RBP are the courts and the judiciary part of the Discovery/Millar/Beamish conspiracy? It is interesting that in the wake of the myriad of Bobroff accusations against fellow personal injury attorneys, no one other than overreached RBP clients have come forward. Fact is Common Law Contingency Fees are illegal and Ronald Bobroff’s firm saw fit to spit in the face of a Con Court ruling to this effect and until recently continued to rip off hapless accident victims. Ronald must have some serious dirt on the LSNP for it to remain so impotent in light of the on going stream of complaints and judgements. It is a shame that the millions Bobroff has spent on legal fees to delay and subvert the justice he deserves were not graciously given to the victims he ripped off

Its high time this matter was dealt with. The law society – an ineffectual organisation if ever there was one, has failed to act against one of its own.
I hope all the clients who were raped by R B are reimbursed with interest!

The law society like the medical council are very loath to act against one of their own. Called closing ranks.

The law society has investigated this and come to the conclusion that it is nothing more than a concocted complaint by Discovery in the name of a member they blackmailed with litigation.

It is about time for clarity on whether a former client may bring application for an attorney to be struck off when the Regulatory body does not do its work. furthermore, it is also about time that we draw a line under the Bobroff saga and let a curator take over and uncover and report on what is hidden till now. I welcome this move.

What everybody is missing here is the point that the LSNP is a disciplinary body. The LSNP is’nt a court or a debt collector that can order the Broboff’s to repay any money or demand and collect any money.
The shortest route is to sue him for monies in court.
Did anyone advised all claimants of this fact…………………………………..
If this guy takes the option and goes for insolvency who will get ANY money? Trust me. Only the liquidators and what then?

To recover the money is important, but I suppose of equal importance is to prevent them to continue doing what they have been doing all along – or at least get some clarity on what went on by way of a curator. I do agree with you that the fees charged by curators would reduce the final amount recovered

The RAF recently reported that over R1 billion was paid out to Bobroff’s accident victim clients over a period of time. In the Carte Blanche interview Robber Ron admitted that the amount retained by his firm would have been in the region of about R29 million, so unless he has diverted all of this to Australia and Israel it will be exceedingly hard for him to declare insolvency

Trust me. Everything they own is either held by way of a bond or hire purchase or lease. THE SUPER RICH ARE ALWAYS HOCKED TO THEIR EARS. So after all these years DO anybody thinks there is enough left to go around.
I for one do not believe so.
And if he is barred and cannot practise?
Watch the banks then attaching/taking everything he own’s and nothing is left for us poor ones. At least he will then join the poor but all those pple clamoring for their money will receive nothing then…………………….. Are we willing then to have fundraising events to pay them back on behalf of Broboff?

No – we do understand. But how is it that this ”disciplinary ” body has failed to take action against one of its own – after being ordered to do so ?
This closing of ranks does no one any favours – as time will tell for the smug bobroffs!

Lock these disgusting shyster ambulance chasers up and throw away the key

Lesson 101

1.Lawyers generally overcharge
2.Lawyers do collude
3.Lawyers created and maintained apartheid
4.Lawyers are oppressive
5.Lawyers are greedy
6.Lawyers do not recognise fraud
7.Lawyers are involved in crime eg wildlife
exploitation,drugs,poaching
8.Lawyers do arrange hits eg on spouse
9.Lawyers tend to be bigots

IF MONEYWEB ALLOWS HATE SPEECH LIKE THIS THEY ARE JUST A BIG BUNCH OF HYPOCRITES LIKE THE BROBOFF’S ARE BEING MADE OUT.

PLEASE ANSWER MY QUESTION MONEYWEB ESPECIALLY ON POINT NR3 UNDER LESSON 101

Another new ” scam” are lawyers on behalf of property developers demanding you pay the full amount
upfront for building your house so that you waive your
rights (incase they mess up the quality of workmanship).

Clearly Bobroff attorneys must have uncovered a massive fraud on the part of Discovery which has resulted in their poor shareholders having to foot Edward Nathan attorneys excessive legal costs to try and discredit Bobroff lawyers. Discovery’s conduct is also criminal so they are exhausting all options to stay out of jail even joining forces with shady ambulance chasers Norman Berger and Anthony Millar to steal Bobroff lawyers clients. This is a matter for the Public Protector and National Prosecuting Authority to look into and seek justice for Discovery members.

I see you didn’t reply to supersunbird who asked you which Bobroff are you. Care to answer?

Ironnie (n) Personal injury lawyer attempting to divert attention from his unlawful activities by pointing fingers at individuals and organisations that have grounds to call for his suspension and striking off.

In years to come “Bobroff Syndrome” will become a recognised psychiatric disorder that describes the inability to own or take responsibility for any wrongdoing. If RBP is as innocent as Ronnie claims why have the courts seen fit to issue so many judgements against the firm in favour of plaintiff who did not receive the settlements to which they were entitled?
Bobroff can threaten and bluster all he likes but if what was shown on Carte Blanche was genuinely untrue, and if the numerous articles by journalists were fabrications he would have taken legal action a long time ago. Fact is, neither he nor his son Darren have any grounds to do so.

Clearly Norman Berger & Anthony Millar attorneys, ENS attorneys alongside Discovery Health, high calibre investigative journalists & former Bobroff clients have uncovered fraud of epic proportions on the part of Bobroff attorneys. This may have resulted in RBP ignoring the Con Court ruling and continuing to utilise an unlawful common law contingency fee agreement, to possibly recoup a portion of the millions the firm has shelled out in legal fees. Bobroff’s conduct is unquestionably criminal. This is why the firm has gone through at least two prominent advocates who refused to do Ronald’s bidding. The work of this shady firm of ambulance chasers is a matter for the Public Protector, SARS and the National Prosecuting Authority to look into and seek justice for former MVA victim clients who trusted RBP to get them the best settlements possible.

Surely strong action against wrongdoers will discourage others from doing wrong in the future. The apparent inaction by the LSNP sows seeds of mistrust towards the profession, and disadvantages those who act professionally.

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