Expertise

Practical. Productive. Persistent.

Litigation

We provide pragmatic legal solutions to disputes by pursuing or defending arbitration or litigation, or through alternative methods, such as mediation. We pride ourselves on providing frank and fearless advice to clients and offer genuine bench strength for large-scale litigation matters. Our expertise includes:

Civil Litigation.
Criminal Defence.
Debt & asset recovery.
Insolvency, restructuring and director advisory.
Regulatory investigations.
Commercial disputes of all kinds.
Liability and risk issues.
Corporate fraud forensic investigations.
A wide range of insurance disputes.

Our industry-specific expertise includes the banking & financial services, primary industry & agriculture, property, technology, construction and infrastructure, energy & resources, insurance and manufacturing sectors. We also conduct litigation on behalf of government departments and agencies.

Corporate & Commercial

We offer expert strategic legal services for all transactional work, coordinate complex transactions, deal with regulatory requirements, advise on tax matters, manage due diligence investigations and prepare all required documentation.
Our key focus areas are:

Companies Act
Corporate Governance
Business Legal Audit
Mining
General commercial

We have years of experience acting for clients across multiple sectors including Telecommunications, Energy, Mining, Healthcare, Hospitality, Tourism, Information Technology, Oil and Gas, Pharmaceuticals, Real Estate, Manufacturing and many more.

Projects & Construction

We provide legal and commercial solutions that add value to any project, from the concept phase and throughout the construction process. . In the event that disputes arise, our team will ensure that your rights are properly protected. We have a proven track record advising on iconic, high profile developments in the commercial, residential and infrastructure space. Legal work in the construction and property development industries requires a comprehensive understanding of process and risk, and an ability to apply this understanding to all aspects of a project. Our team has dedicated experts in their respective fields and for both transactional matters and disputes, ensuring that clients get the highest quality advice and representation.
Our expertise includes:

Drafting/negotiation of contracts for commercial, industrial, retail and residential developments and transport infrastructure.
Advising on key legislation affecting the construction and transport industries.
Advice on tendering, probity, project briefs and contractual arrangements between the public and private sector.
Risk reviews of contract documentation for bid purposes including drafting lists of exclusions, clarifications.
Advising on contract management, compliance, risk management and performance monitoring.
Dispute resolution in all major jurisdictions including mediation, expert determination, adjudication, dispute review boards, arbitration and litigation.

Insurance Law

Our extensive dispute resolution experience covers the full range of insurance disputes where we apply our knowledge to resolve issues in their early stages where possible to avoid litigation and preserve valuable business relationships.

Our Service

Drafting of arbitration clauses and agreements
Disputes over insurance and reinsurance cover
Claims handling, monitoring and coordination
Complex insurance-related litigation
Fiduciary, professional liability, and fidelity cover
Product and general liability cover
Environmental liability cover
Claims related to insurance and reinsurance intermediaries
Cover and contribution litigation
Professional liability cover and defence
Products liability defence
Environmental claims
Suits between health insurers and providers
Disability or regulatory issues arising out of personnel policies

Technology, Media & Communication

We offer dedicated expertise in information technology, software and services licensing, telecommunications, privacy and cybersecurity.

In addition to IT-focused work, we have strong general experience with procurement, distribution and agency models, outsourcing and contract management across the range of corporate functions, goods and services.

Pro-Bono & Human Rights

Our practice offers a range of free legal services to individuals, non-profit organisations and other entities engaged in human rights or public interest work.

These services include:

Advice and litigation services for vulnerable individuals.
Public interest litigation.
Annual provision of Trial Advocacy training of lawyers through Law Society of Botswana in collaboration with National Institute of Trial Advocacy (USA).

Workplace Relations, Employment & Safety

We undertake both advisory work and litigation relating to the full range of workplace relations, employment and safety issues. Our professionals have advised on some of the highest profile workplace relations matters in Botswana in recent times.

Our focus is on providing responsive, decisive and commercially relevant advice, delivered in the most cost-effective way for businesses. We also assist our clients with private arbitrations.

Ultimately, our aim is to work through legal issues efficiently, so our clients can get back to doing what they do best as quickly as possible – focussing on core business.

Consulting
Disciplinary proceedings
Performance management issues
Transfer of a business as a going concern

We advise clients and give opinions on a wide range of non-litigious employment law matters and commercial matters with employment law implications.
We undertake the following:

Corporate restructuring exercises

Offer a step-by-step guide on the retrenchment process

Manage the restructuring process

Draft all notices and documentation

Consult with trade unions, employees and their representatives

Scrutinise minutes from consultation meetings

Advise on selection criteria

Formulate severance packages

Draft retrenchment agreements

Represent clients at bargaining council facilitation meetings

Draft notices of disciplinary hearings

Assist in preparing for disciplinary hearings

Represent our clients at hearings, when permissible

Manage poor performers

Introduce performance management systems and employee grading systems

Valuation and apportionment of liability

Restructuring of a joint venture, merged entity or service provider following transfer

Drafting
Alternative dispute resolution and collective bargaining
Auditing
Due diligence

We draft a wide range of agreements, reports, policies, guidelines and procedures including:

Contracts of employment for executives, managers, permanent employees and employees employed for a fixed term or specific task.

Severance and settlement agreements.

Restraints of trade and confidentiality agreements.

Temporary employment services agreements.

Training agreements.

Independent contractor agreements .

Disciplinary and grievance regulations and procedures, warnings and dismissal notices.

Lock-out notices and ultimate.

Codes on sexual harassment, retrenchment, picketing, social networking and various others

We undertake statutory or collective agreement compliance audits, including assessing whether the client’s terms and conditions of employment comply with the Law, a collective agreement, an arbitration award or Industrial Court ruling.

We chair various hearings on behalf of our clients, including grievance, disciplinary and appeal hearings. We also mediate employment disputes and assist in collective bargaining.