A disciplinary enquiry against Ballito attorney Alistair Janssens before the Legal Practice Council (LPC) did not proceed on May 25 after the complaint laid by France Chretien was settled outside the LPC process.

LPC spokesperson Kabelo Letebele confirmed that Chretien had indicated his intention to withdraw the complaint.

“The LPC’s disciplinary committee was informed of the withdrawal of the complaint by the complainant and has referred the matter back to the investigating committee for determination. The LPC processes withdrawals only once all internal requirements have been satisfied,” said Letebele.

An undisclosed settlement was reached, following an offer from a third party, which Chretien accepted. Details of the settlement are subject to a non-disclosure agreement (NDA).

“I took a knock, but I don’t mind because now I can move forward,” said Chretien.

Janssens confirmed that a settlement had been reached but denied any involvement in the settlement negotiations or the signing of an NDA.

“No offer was made by me, nor was I in any way involved in settlement negotiations between the complainant and a third party. These were the parties to the NDA. I was not party to the signing of any NDA. To be clear, no money was paid by me or anyone purporting to act on my behalf,” he said.

The disciplinary hearing stemmed from a complaint relating to a fee dispute and allegations surrounding funds recovered in a long-running legal matter.

Chretien alleged that after selling his property in 2012, about R700 000 from the transaction was never paid to him by another attorney. In 2020, he approached Janssens for assistance in recovering the money, which he claimed had grown to roughly R1.3-million with interest.

A letter written by Janssens on May 19, 2021, and reviewed by the Courier, shows that Janssens received a R2-million settlement relating to the matter, of which R1.25-million was to be paid into Chretien’s FNB account. According to bank statements, this was done in two payments of R625 000 each.

The dispute later centred on the amount retained by Janssens as legal fees. WhatsApp messages, emails and affidavits reviewed by the Courier reflect differing interpretations of the agreement. Janssens maintained his fee was R750 000, while Chretien contended it was R300 000.

Janssens previously told the Courier that his role was to receive the recovered funds into his trust account and distribute them according to an agreement concluded with Chretien in May 2021. He also alleged that attempts had been made to pressure him through media coverage and debt collection threats, allegations denied by Chretien.