COURTS

ALTERNATIVE DISPUTE RESOLUTION (ADR)

THE LEGAL PROFESSION

Theme 3: Legal Profession

Chapter 13 (pp 338-350)
OUTCOMES
LO9 Describe the type to work most performed by attorneys and advocates;
LO10 Distinguish the respective roles and functions of the attorneys’ and
advocates’ professions;
LO11 Describe the functions of a prosecutor;
LO12 Describe the role and functions of a conveyancer, notary, legal advisor,
state attorney, state legal advisor and the Master of the High Court;
LO13 Comment critically on the role of ethics in the legal profession;
LO14 Describe three forms of legal aid available; and
LO15 Evaluate various scenarios that describe the ethical questions sometimes
facing practicing attorneys.

Attorneys
▪ General practitioners of the legal profession
▪ Approached by clients with their problems
▪ Lawyer’s most daily work is administrative
▪ Some attorneys often appear in court, but most
refer cases to advocates for court appearances
▪ Specialist attorneys e.g. in patents and trademarks
▪ Admission requirements (regulated by legislation):
▪ LLB degree
▪ Pass attorneys’ admission exam
▪ Candidate attorneys are required to complete:
▪ Practical vocational training for 24 months + minimum of
150 notional hours of structured course work at any
LSSALEAD Schools or
▪ Practical vocational training for 12 months + minimum of
400 notional hours of structured course work
▪ Note: practical vocational training (24 or 12 months)
may be completed in a firm, state attorney or law clinics
▪ Governing structure: Legal Practice Council
LO9 & LO10
Advocates
▪ Most advocates appear in court
▪ Specialist litigators
▪ Clients do not approach advocates directly
▪ Get referrals from attorneys and then draft
pleadings, write opinions and appear in court
▪ Advocates with fidelity fund certificates can be
approached by clients directly
▪ Advocate aspirant must complete:
▪ LLB degree
▪ Service under practical vocational training for 12
months
▪ Structured course work of not less than 400 hours
▪ Complete the bar exam
▪ Note: practical vocational training may be
completed with an advocate practicing alone or
employed at law clinic
▪ Governing structure: Legal Practice Council
 LO11
Director of Public Prosecution (DPP)
▪ Official charged with instituting criminal proceedings
▪ Delegates this authority to
▪ State advocates (high courts)
▪ Public prosecutors (lower courts)

▪ Economic offences:
▪ Office for Serious Economic Offences (OSEO)
▪ Investigates and probes economic offences through speedy investigation

▪ Prosecutors spend most of their time in court

 Role and functions of (LO12):
state legal Master of the
conveyancer notary legal advisor state attorney
advisor High Court
• Deal with the • Qualified • Works in • Civil servants • Undertake - Each provincial
transfer of land attorney who business world • Clients are research, check high court
• Qualified attorneys has written an • Lawyers as different state existing and draft - The official
with additional additional exam permanent depts not new legislation responsible for
qualifications and do • Specified work staff in individuals • Give advice to specialised affairs
specialised work of drawing up companies and • State must buy state department • Functions:
• Land is transferred special financial and sell property • In the Dept of Controlling and
when a deed is documents institutions and enter International supervising the
registered at deed • Certain • LLB but useful contracts Relations and administration of
office documents must to have BCom • Represents state Coop they deceased estates
• Deed – ID of a piece be draw up by a degree depts when sued become eligible • Controlling the
of land notary e.g. • Can rise to for damages to fill posts in liquidation of
• Change of land antenuptial managerial international companies
ownership is noted contracts position organisations • Controlling trust
and registered such as AU or UN funds on behalf
of minors
 LO 13
▪ Attorneys and advocates must comply with the ethical rules of the profession
▪ Duties:
▪ Treating their colleagues with respect and courtesy
▪ Only attack content of argument and not the character of the opponent
▪ Follow court etiquette (both conduct and dress)

▪ Legal Practice Council can discipline unprofessional, dishonest and improper

conduct, e.g.
▪ Misuse of clients’ fund held in trust account
▪ Relationship between lawyer and client
 LO14
Section 35(2)(c) of the Constitution provides:
Everyone who is detained has the right — to have a legal practitioner assigned to him or her by
the state and at state expense
▪ Various forms of legal aid available:
▪ Pro Deo representation
▪ State appoints legal representatives from advocates to represents accused in High Court
▪ Advocates are paid by the state for the specific case
▪ Pro amico legal aid
▪ Free legal aid and service for friends and acquaintances
▪ Pro bono legal aid
▪ Service to the community
▪ Advice or representation in cases that merit representation without compensation
▪ Some societies’ members are expected to do 24-hours pro bono work per year
▪ Note: there are other legal aid such as; Legal Aid Board; Legal Aid Clinics; Advices bureaux; and Public
defender
 LO15
1. Client admits to committing murder
▪ Court cannot be deceived; unethical to fabricate info; lawyer can withdraw from case

2. Client admits to committing murder with no witnesses and is of the opinion state will not
prove the case against him/her
▪ Onus on state to prove beyond reasonable doubt the guilt of the accused; accused may plead not guilty

3. Client admits to committing premeditated and cold-blooded murder in front of witnesses

▪ Lawyer must act in the best interest of the client; if convicted, advance mitigating factors to the court

4. Client admits to killing a frail 18-year-old girl with intent in self-defence. The girl wanted to
strangle him but killed her with a knife
▪ Lawyer must get the truth during consultation; client must present his first in the court in the best way
possible

5. A lawyer’s 9-year-old niece was gang raped. Client is a gang member and accused of raping
her
▪ Lawyers have a duty towards court, client and community; lawyer may accept or refuse a client; if he is the
only lawyer available, he may be compelled to represent the client, unless there are other lawyers