Chapter 14 The legal profession (1.1)
Tuesday, 18 April 2023 10:02
Legal professions
Lecture Main topics:
○ Legal professions in the public sector, private sector and
legal representations
Lecture notes:
Public sector: Legal representations:
Prosecutor Cost (fees) Private sector
Presiding officers: Existing legal aid: Attorney
○ State attorney ○ Pro deo Advocate
○ State legal advisor ○ Pro Amico Attorney in
○ Registrar of the high ○ Pro bono high court
court ○ Legal aid bond Conveyancer
○ Clerk of the court ○ Legal aid clinics Office
○ Master of the high ○ Advice bureaux personnel
court ○ Public defender Legal advisor
○ Registrar of deeds
○ Registrar of patents
and trademarks
○ Family advocate
Law reform commission
Public protector
Human rights commission
Public defender
Legal academic
New Section 1 Page 1
, Chapter 14 The legal profession (1.2)
Tuesday, 18 April 2023 10:17
Private sector
Main topics:
○ Professions in the private sector
Private sector
Attorney
Don’t go to court necessarily
Gives their opinion/ Looks at the case and decided if a legal case can be formed. Fights for the client.
Regulated by the legal practice council
Are obliged to practice their profession within the rules and ethics of the legal practice act & the legal
practice council.
Advocates
Specialist litigators who argue matters before a judge.
TRADITIONALY advocates did not take briefs directly from the public rather they only take briefs from
attorneys (attorneys would liaise directly with the public.)
Gives their opinion
Looks at the case and decided if a legal case can be formed. Fights for the client.
Briefs- LPA tried to take away the dual system of attorney and advocate and a have a single legal practician.
Why? It's expensive for the client.
Conveyancer (Attorney)
Attorney that has completed specific exams that qualify them to assist in the transfer of immoveable property
Appointed by the seller
Responsible for transferring the property
Notary (Attorney)
Uniquely qualified to draw and sign specific agreements and documents
Antenuptial contract (ANT) before you get married- how assets will be divide (prenup)
Has written specific exams
Attorney in high court
Previously attorneys could not go to high court/ constitutional court however this changed after right of
appearance in courts Act 62 of 1995, therefore attorneys can apply to appear in the high court.
They have to comply with the following:
They are admitted as an attorney of the high court
They are in good standing with the regulation body (legal practice council)
If this application is successful the can appear in the high court, supreme court of appeal and the constitutional
court.
Office personal
Attorneys, secretaries and other member of staff in the firms of attorneys or advocates chambers also
sometimes hold legal qualifications.
Legal advisor
Many companies and financial institutions have lawyers as permanent staff.
LLB degree
BCom degree
Lawyers can rise to managerial positions
New Section 1 Page 2
Tuesday, 18 April 2023 10:02
Legal professions
Lecture Main topics:
○ Legal professions in the public sector, private sector and
legal representations
Lecture notes:
Public sector: Legal representations:
Prosecutor Cost (fees) Private sector
Presiding officers: Existing legal aid: Attorney
○ State attorney ○ Pro deo Advocate
○ State legal advisor ○ Pro Amico Attorney in
○ Registrar of the high ○ Pro bono high court
court ○ Legal aid bond Conveyancer
○ Clerk of the court ○ Legal aid clinics Office
○ Master of the high ○ Advice bureaux personnel
court ○ Public defender Legal advisor
○ Registrar of deeds
○ Registrar of patents
and trademarks
○ Family advocate
Law reform commission
Public protector
Human rights commission
Public defender
Legal academic
New Section 1 Page 1
, Chapter 14 The legal profession (1.2)
Tuesday, 18 April 2023 10:17
Private sector
Main topics:
○ Professions in the private sector
Private sector
Attorney
Don’t go to court necessarily
Gives their opinion/ Looks at the case and decided if a legal case can be formed. Fights for the client.
Regulated by the legal practice council
Are obliged to practice their profession within the rules and ethics of the legal practice act & the legal
practice council.
Advocates
Specialist litigators who argue matters before a judge.
TRADITIONALY advocates did not take briefs directly from the public rather they only take briefs from
attorneys (attorneys would liaise directly with the public.)
Gives their opinion
Looks at the case and decided if a legal case can be formed. Fights for the client.
Briefs- LPA tried to take away the dual system of attorney and advocate and a have a single legal practician.
Why? It's expensive for the client.
Conveyancer (Attorney)
Attorney that has completed specific exams that qualify them to assist in the transfer of immoveable property
Appointed by the seller
Responsible for transferring the property
Notary (Attorney)
Uniquely qualified to draw and sign specific agreements and documents
Antenuptial contract (ANT) before you get married- how assets will be divide (prenup)
Has written specific exams
Attorney in high court
Previously attorneys could not go to high court/ constitutional court however this changed after right of
appearance in courts Act 62 of 1995, therefore attorneys can apply to appear in the high court.
They have to comply with the following:
They are admitted as an attorney of the high court
They are in good standing with the regulation body (legal practice council)
If this application is successful the can appear in the high court, supreme court of appeal and the constitutional
court.
Office personal
Attorneys, secretaries and other member of staff in the firms of attorneys or advocates chambers also
sometimes hold legal qualifications.
Legal advisor
Many companies and financial institutions have lawyers as permanent staff.
LLB degree
BCom degree
Lawyers can rise to managerial positions
New Section 1 Page 2
