ILW1501 THE LEGAL PROFESION✨⚖️

• The legal profession
• In this learning unit

  You will be introduced to the legal professions in both the private sector and the public service in South Africa. You will also be introduced to court officials in the public service. All the members of the different legal professions and the court officials play an important role in the administration of justice in South Africa.
• Learning outcomes


  • After completing this learning unit, you should be able to:
  • name and discuss the legal professions in the private sector
  • name and discuss the legal professions in the public service
  • describe the court officials in the public service and explain their functions
• Thato Nkone graduated with her LLB degree from UNISA in early 2018
• LLB degree


  A four-year law degree in South Africa that can be used to enter all legal professions
• Thato is offered a position as a candidate attorney (aspirant attorney) at J&J Attorneys
• Candidate attorney


  A person undergoing practical vocational training with a view to being admitted and enrolled as an attorney
• Thato must first comply with all the admission requirements prescribed by law before she can practise as an attorney
• Practical vocational training


  Training required in terms of the Legal Practice Act to qualify as a candidate attorney or pupil in order to be admitted and enrolled as an attorney or advocate
• Jane Mothibe, who heads the litigation section at J&J Attorneys, is the attorney who trains and supervises Thato
• In her first week at J&J Attorneys, Thato accompanies Jane to court to listen to a case
• Thato also finds time to listen to cases in some of the other courts
• Jane asks Thato to identify and explain the role of the different members of the legal profession and the different types of presiding officers and court officials
• Members of the legal profession and court officials involved in the administration of justice

  • Members of the legal profession who practise law privately (private legal practitioners), namely attorneys and advocates
  • Members of the legal profession in the public service (civil servants) who practise law on behalf of the state, for example, public prosecutors and state advocates, state attorneys and state legal advisers
  • Presiding officers who are also members of the legal profession in the public service, for example, magistrates and judges
  • Court officials who take part in court proceedings, for example, the court orderly, the court interpreter and the family advocate
  • Court officials who are responsible for administrative matters that relate to courts and the law, for example, the master of the high court, the registrar of the high court, the clerk of the court and the sheriff
• The legal professions in the private sector are undergoing a process of restructuring and change since the Legal Practice Act 28 of 2014 came into full effect on 1 November 2018
• Legal Practice Act


  An act that provides legislation for the transformation and restructuring of the legal profession in South Africa
• The preamble of the Legal Practice Act provides the reasons for its implementation
• Reasons for the implementation of the Legal Practice Act


  • Section 22 of the Bill of Rights of the Constitution establishes the right to freedom of trade, occupation and profession, and provides that the practice of a trade, occupation or profession may be regulated by law
  • Different laws on the legal profession in different parts of South Africa resulted in the legal profession being fragmented and divided
  • Access to legal services is not a reality for most South Africans
  • The legal profession is not broadly representative of the demographics of South Africa
  • Existing legislation restricts entry opportunities into the legal profession
• Purpose of the Legal Practice Act

  • To provide legislation for the transformation and restructuring of the legal profession into a profession that is in line with constitutional imperatives and values, is broadly representative of the Republic's demographics, facilitates and enhances an independent legal profession
  • To establish a single regulatory (governing) statutory body, the South African Legal Practice Council and Provincial Councils, that will regulate the affairs of legal practitioners and will set norms and standards for them
  • To provide requirements for the admission and enrolment of legal practitioners
  • To regulate the professional conduct of legal practitioners and the accountability of the legal profession to the public
  • To ensure that legal services are accessible to the public
  • To ensure that entry into the legal profession is unrestricted
• Legal practitioner


  An advocate or an attorney admitted to the High Court and enrolled on the Role of Legal Practitioners by the Legal Practice Council
• Candidate legal practitioner


  A person undergoing practical vocational training, either as a candidate attorney or as a pupil
• Pupil


  A person undergoing practical vocational training with a view to being admitted and enrolled as an advocate
• Legal Practice Council (LPC)


  A single national regulatory body that regulates the affairs of all legal practitioners (attorneys and advocates) and candidate legal practitioners
• Mandate of the Legal Practice Council

  • To establish provincial councils and delegate some of its powers to the provincial councils
  • To set norms and standards for all legal practitioners
  • To provide for the admission and enrolment of legal practitioners
  • To regulate the professional conduct of legal practitioners to ensure accountability by way of a code of conduct
• Admission requirements for attorneys

  • Must obtain an LLB degree
  • Must complete practical vocational training (PVT) for 24 months and a programme of structured course work of a minimum of 150 notional hours, OR must complete PVT for 12 months and a programme of structured course work of a minimum of 400 notional hours
  • Must be a fit and proper person to be admitted as an attorney
  • Must successfully complete a competency-based examination as determined by the Legal Practice Council, in other words, the attorneys' admission examinations
• Practical vocational training for candidate attorneys

  May be completed with attorneys practising alone, in a firm of attorneys, at a commercial juristic entity, with a state attorney, or at law clinics
• Programme of structured course work

  Attendance of a standardised and uniform training course presented at a Practical Legal Training School of the Law Society of South Africa, consisting of a specific number of prescribed compulsory modules
• Functions of attorneys


  • Providing legal advice in divorce matters
  • Drafting of wills
  • Drafting of other legal documents (e.g. antenuptial contracts and purchase contracts)
  • Transferring property from one person to another
  • Administration of deceased estates
  • Legal advice with regard to claims as a result of motor accidents
• Attorneys


  The general practitioners of the legal profession who do the initial work or investigation on a case and refer it to an advocate if necessary
• Attorneys are more frequently becoming specialist litigators and appear in court more often, especially at bigger firms of attorneys
• Fidelity Fund


  A fund that reimburses or compensates clients who may have suffered financial loss due to misappropriation by a legal practitioner
• Right of appearance in courts for attorneys

  In the past, attorneys only had the right to appear in the lower courts (magistrates' courts). They did not have a right of appearance in the higher courts (High Courts and the Supreme Court of Appeal). However, the Legal Practice Act has now extended the right of appearance for attorneys to all courts, including the higher courts.
• Attorneys


  Practise law and represent clients, but refer most cases to advocates for court appearances as advocates are specialists in litigation
• Attorneys are more frequently becoming specialist litigators and appear in court more often, especially at bigger firms
• Financial responsibilities of attorneys

  Providing services for a fee and handling of clients' funds
• The Legal Practice Act regulates the financial responsibilities of attorneys through the Fidelity Fund and requires legal practitioners to apply for a Fidelity Fund certificate
• Purpose of the Fidelity Fund

  To reimburse or compensate clients who may have suffered financial loss due to misappropriation by a legal practitioner
• Right of appearance in courts for attorneys

  In the past, attorneys only had the right to appear in the lower courts (magistrates' courts), but the Legal Practice Act now regulates their right of appearance in higher courts
• Attorneys who want to appear in the High Court, the Supreme Court of Appeal or the Constitutional Court, must apply to the Registrar of the High Court division in which they were admitted and enrolled as an attorney, for a certificate to obtain the right of appearance
• Membership to Legal Practice Council


  Attorneys must belong to the Legal Practice Council as the statutory regulatory body, but the Law Society of South Africa continues to exist as a voluntary, representative professional body