Transforming the legal profession for the 21 st century

Transforming the legal profession for the 21Transforming the legal profession for the 21stst century century

The attorneys’ professionThe attorneys’ profession The Legal Practice BillThe Legal Practice Bill The Legal Services Sector CharterThe Legal Services Sector Charter Transformation initiatives by the LSSATransformation initiatives by the LSSA

The LSSAThe LSSA 19381938: 4 provincial law societies : 4 provincial law societies

create a national forum to deal create a national forum to deal with issues on a national basis –with issues on a national basis –Association of Law Societies Association of Law Societies (ALS).(ALS).

19961996: ALS, Black Lawyers : ALS, Black Lawyers Association (BLA) and National Association (BLA) and National Association of Democratic Association of Democratic Lawyers (Nadel) entered Lawyers (Nadel) entered discussions to create a discussions to create a transformational structure.transformational structure.

March 1998March 1998: LSSA launched with : LSSA launched with 6 constituent members:6 constituent members:

4 law societies 4 law societies BLABLA Nadel Nadel A 50% : 25%: 25%A 50% : 25%: 25%representation on representation on

LSSA CouncilLSSA Council

LSSA Council

Black Lawyers Association

Law Society of the Northern Provinces

Cape Law Society

Law Society of the Free State

KwaZulu-Natal Law Society

Nadel

LSSA DIVISIONSLSSA DIVISIONS CEOCEO FinanceFinance HRHR CommunicationCommunication Legal Education and Legal Education and

Development (L.E.A.D)Development (L.E.A.D)- Practical legal training for - Practical legal training for candidate candidate attorneysattorneys- Continuing legal education for - Continuing legal education for attorneysattorneys

De Rebus, De Rebus, the SA Attorneys’ the SA Attorneys’ JournalJournal

Professional AffairsProfessional Affairs- Parliamentary liaison- Parliamentary liaison- National projects- National projects

ATTORNEYSATTORNEYS 18 600 attorneys (including attorneys in 18 600 attorneys (including attorneys in

private practice, State Attorneys offices, private practice, State Attorneys offices, Legal Aid Board Justice Centres and Legal Aid Board Justice Centres and universities’ law clinics)universities’ law clinics)39% black39% black30%female30%female

4 800 candidate attorneys4 800 candidate attorneys

(Advocates: about 2 000)(Advocates: about 2 000)

The Legal Services Sector The Legal Services Sector CharterCharter

During 2007 LSSA took the lead in drafting LSC after consultation with During 2007 LSSA took the lead in drafting LSC after consultation with stakeholders in legal profession.stakeholders in legal profession.

December 2007: Handed LSC to then Justice and Constitutional December 2007: Handed LSC to then Justice and Constitutional Development Minister, Brigitte Mabandla.Development Minister, Brigitte Mabandla.

The LSC: A social compact – an aspirational document for the The LSC: A social compact – an aspirational document for the professionprofession

It recognises and embraces the specific nature of the legal profession, It recognises and embraces the specific nature of the legal profession, and the profession’s responsibility to address not only economic and the profession’s responsibility to address not only economic imbalances, but also the wider social inequality.imbalances, but also the wider social inequality.

Recognises that a strong, independent and representative legal services Recognises that a strong, independent and representative legal services sector and profession is essential for the protection of the rights contained sector and profession is essential for the protection of the rights contained in the South African Constitution and Bill of Rights, as well as the right of in the South African Constitution and Bill of Rights, as well as the right of access to justice for all people.access to justice for all people.

LSSA said in a press statement “The unanimous adoption of the LSSA said in a press statement “The unanimous adoption of the Charter by the LSSA’s constituent members illustrates the commitment Charter by the LSSA’s constituent members illustrates the commitment of the attorneys’ profession to transformation and the Charter as a of the attorneys’ profession to transformation and the Charter as a binding and guiding principle to provide for an independent legal binding and guiding principle to provide for an independent legal profession and to eradicate the inequalities of the past.”profession and to eradicate the inequalities of the past.”

LSC: Commitments by the legal profession:LSC: Commitments by the legal profession:Access to justice: Access to justice:

The legal profession undertakes toThe legal profession undertakes to recognise the ethical obligation to carry out recognise the ethical obligation to carry out pro bonopro bono work and work and

develop and enhance the develop and enhance the pro bonopro bono system with a view to making it system with a view to making it compulsory for all practitioners;compulsory for all practitioners;

develop and implement develop and implement pro bonopro bono programmes by investigating and programmes by investigating and developing a comprehensive referral system for persons seeking pdeveloping a comprehensive referral system for persons seeking pro ro bonobono legal services; legal services;

define and establish a community-service programme to be dealt with define and establish a community-service programme to be dealt with and included in the legislation envisaged in Chapter 3 below;and included in the legislation envisaged in Chapter 3 below;

enhance access to legal services in rural areas through initiatives to enhance access to legal services in rural areas through initiatives to ensure the sustainable provision of legal services in such areas;ensure the sustainable provision of legal services in such areas;

investigate the need for legal insurance in so far as it might promote investigate the need for legal insurance in so far as it might promote access to legal services;access to legal services;

investigate the affordability of services, including the review of investigate the affordability of services, including the review of disparities and affordability of legal fees, and consider measures disparities and affordability of legal fees, and consider measures aimed at enhancing the affordability of legal services; andaimed at enhancing the affordability of legal services; and

co-operate with university law faculties, legal aid clinics and outreach co-operate with university law faculties, legal aid clinics and outreach programmes.programmes.

LSC: Commitments by the legal profession:LSC: Commitments by the legal profession:

Access to legal workAccess to legal work The legal profession undertakes to identify and implement The legal profession undertakes to identify and implement

equitable procurement strategies to promote access to legal work equitable procurement strategies to promote access to legal work for HDIs.for HDIs.

Access to courtsAccess to courts The legal profession undertakes to assist and co-operate with The legal profession undertakes to assist and co-operate with the courts to ensure the expeditious completion of cases and the the courts to ensure the expeditious completion of cases and the reduction of backlogs.reduction of backlogs.

LSC: Commitments by the legal profession:LSC: Commitments by the legal profession:Access to the legal Access to the legal

professionprofessionThe legal profession undertakes toThe legal profession undertakes to address challenges of entry into the legal profession address challenges of entry into the legal profession

particularly by HDIs, and ensure the standardisation and particularly by HDIs, and ensure the standardisation and availability of legal training and education including availability of legal training and education including continuing legal training and education;continuing legal training and education;

provide skills development and skills transfer provide skills development and skills transfer development programmes so as to create a body of development programmes so as to create a body of qualified and competent practitioners;qualified and competent practitioners;

ensure that legal training and education includes social ensure that legal training and education includes social context awareness training; andcontext awareness training; and

develop mentorship programmes and encourage legal develop mentorship programmes and encourage legal practitioners and legal academics to provide assistance, practitioners and legal academics to provide assistance, skills development and the transfer of skills.skills development and the transfer of skills.

LSC: ScorecardsLSC: ScorecardsDuring 2008, the LSSA drafted the scorecards that form part of the LSC. The During 2008, the LSSA drafted the scorecards that form part of the LSC. The

complete Charter, including the scorecards, was presented to the Justice complete Charter, including the scorecards, was presented to the Justice Department in October 2008.Department in October 2008.

OwnershipOwnership ManagementManagement Employment EquityEmployment Equity Skills DevelopmentSkills Development ProcurementProcurement Enterprise DevelopmentEnterprise Development Socio-Economic DevelopmentSocio-Economic Development

Although the LSC has not been gazetted, an LSSA Task Team is designing a Although the LSC has not been gazetted, an LSSA Task Team is designing a compliance kit for attorneys to facilitate implementation of the LSC.compliance kit for attorneys to facilitate implementation of the LSC.

The attorneys’ profession: The attorneys’ profession: Facts & figuresFacts & figures

Attorneys’ practices: Equity ownership and Attorneys’ practices: Equity ownership and management:management:

Fully male owned66.9%

Fully female owned24.0%

Mixed ownership

9.1%

Fully White owned80.2%

Mixed ownership

5.7%

Fully African owned6.5% Fully Coloured

owned1.4%

Fully Indian owned6.2%

Source: LSSA National Survey of the Attorneys’ Profession 2008Source: LSSA National Survey of the Attorneys’ Profession 2008

Attorneys’ practices: Occupational levels of Attorneys’ practices: Occupational levels of professionalsprofessionals

Equity Partners54.1%

Senior Associates

6.6%

Salaried Partners

9.8%

Candidate Attorneys

16.6%

Consultants2.3%

Associates10.7%


Attorneys’ practices: Annual fee incomeAttorneys’ practices: Annual fee income

Annual Fee IncomeAttorneys’ practices

(%)R 0 to R 1 m 61.7R 1.1 m to R 5 m 29.5R 5.1 m to R 10 m 3.9R 10.1 m to R 15 m 1.2R 15.1 m to R 20 m 0.4R 20.1 m to R 25 m 0.3R 25.1 m to R 50 m 0.6R 50.1 m to R 100 m 0.0R 100 m + 0.2Unknown 2.3Total 100.0


Attorneys’ practices: Field of workAttorneys’ practices: Field of work

Field of workPercentage of

practices involved in field

of work

Average % income earned

Conveyancing 67.0 50.6Civil Litigation 58.7 22.2Administration of Estates

51.5 14.3Family Law 44.9 14.6Criminal Law 35.6 20.2Commercial and Tax Law

33.0 20.4Motor Vehicle Accident Claims

29.7 19.5


Challenges for the LSSAChallenges for the LSSA 80% of attorneys' 80% of attorneys'

practices still practices still owned by white owned by white practitioners.practitioners.

Two thirds of Two thirds of attorneys’ attorneys’ practices still practices still owned by men owned by men only.only.

Is there attrition of Is there attrition of black and women black and women attorneys from the attorneys from the profession? profession? If so, what are the If so, what are the reasons for them reasons for them leaving and how can leaving and how can they be retained?they be retained?

New, more lucrative New, more lucrative areas of practice?areas of practice?

LSSA transformation LSSA transformation initiatives initiatives Attorneys Development Attorneys Development

FundFund

A joint venture of its LSSA’s six constituent members: the Cape Law Society, the KwaZulu-Natal Law A joint venture of its LSSA’s six constituent members: the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Northern Provinces, the Law Society of the Free State, the Black Lawyers Society, the Law Society of the Northern Provinces, the Law Society of the Free State, the Black Lawyers Association and the National Association of Democratic Lawyers, as well as the Attorneys Fidelity Fund.Association and the National Association of Democratic Lawyers, as well as the Attorneys Fidelity Fund.

A s 21 company, set up with an initial R30 million contribution from the above constituents A s 21 company, set up with an initial R30 million contribution from the above constituents to promote the sustainability and growth of newly established and deserving attorneys’ to promote the sustainability and growth of newly established and deserving attorneys’ firms. firms.

The ADF is rooted in the commitments made in the LSC, toThe ADF is rooted in the commitments made in the LSC, to develop a pool of develop a pool of representative, well-trained and competent professionalrepresentative, well-trained and competent professional providers of legal services; providers of legal services; enhance access to legal servicesenhance access to legal services in all areas through initiatives to ensure the sustainable provision of in all areas through initiatives to ensure the sustainable provision of

legal services in such areas; andlegal services in such areas; and provide skills development and skills transferprovide skills development and skills transfer development programmes so as to create a body of development programmes so as to create a body of

qualified and competent practitioners.qualified and competent practitioners.

The ADF will assist attorneys by providingThe ADF will assist attorneys by providing infrastructural infrastructural resourcesresources for the establishment or operation of practices; for the establishment or operation of practices; business supportbusiness support by accredited service providers; and by accredited service providers; and relevant relevant trainingtraining to utilise infrastructure and resources in order to establish and manage a sustainable to utilise infrastructure and resources in order to establish and manage a sustainable

practice.practice.

LSSA transformation LSSA transformation initiativesinitiatives

The LSSA regards education, training The LSSA regards education, training and skills transfer initiatives and skills transfer initiatives

as essential elements as essential elements for the transformation of the for the transformation of the

profession.profession.

LSSA transformation initiativesLSSA transformation initiativesL.E.A.DL.E.A.D

LEAD provides continuing education for practising attorneys, and practical and vocational LEAD provides continuing education for practising attorneys, and practical and vocational training for candidate attorneys.training for candidate attorneys.

Candidate attorneysCandidate attorneys:: 10 centres of LSSA School for Legal Practice throughout the country (nine full-time 10 centres of LSSA School for Legal Practice throughout the country (nine full-time

centres and one distance-training centre),centres and one distance-training centre), Attended by over 1 000 candidate attorneys each year. Candidate attorneys receive Attended by over 1 000 candidate attorneys each year. Candidate attorneys receive

theoretical and practical skills to equip them to practise as professionals.theoretical and practical skills to equip them to practise as professionals. In 2009, 74% of candidates at LSSA School are black and 55% female. In 2009, 74% of candidates at LSSA School are black and 55% female. The training of the candidate attorneys is subvented by the Attorneys Fidelity Fund.The training of the candidate attorneys is subvented by the Attorneys Fidelity Fund.

Practising attorneysPractising attorneys: : Seminars and workshops on new developments in law. Seminars and workshops on new developments in law. Intensive skills transfer initiatives in areas such as conveyancing, mining, competition, Intensive skills transfer initiatives in areas such as conveyancing, mining, competition,

tax, banking, transport, environmental, property and corporate law (in cooperation tax, banking, transport, environmental, property and corporate law (in cooperation with SASSETA). with SASSETA).

Mentorship programme by seasoned and experienced practitioners.Mentorship programme by seasoned and experienced practitioners. Practice management (LSSA lobbied for mandatory); practice-enhancing modules Practice management (LSSA lobbied for mandatory); practice-enhancing modules

dealing with marketing, finance, entrepreneurship, leadership and business models.dealing with marketing, finance, entrepreneurship, leadership and business models. New enterprise development.New enterprise development.

E-learningE-learning being investigated to bring training to all practitioners in all areas.being investigated to bring training to all practitioners in all areas.

Transformation initiatives by the Transformation initiatives by the LSSALSSA

De RebusDe Rebus De Rebus, the SA Attorneys’ Journal, published monthly by the LSSA Sent free of charge to all attorneys and candidate attorneys (circulation

of 24 000). Publishes columns to keep practitioners up to date with developments

in law. Series of articles on practice management and new fields of practice

(municipal law, intellectual property law, immigration law etc). The pro bono initiative promotes access to the profession by members

of the public. Other initiatives, such as the National Attorneys’ Week also promote

access to the profession by members of the public.

Transformation: Access to Transformation: Access to JusticeJustice

Pro bono initiative promotes access to the profession by members of the public.

Other initiatives, such as the National Attorneys’ Week promote access to the profession by members of the public.

Outreach projects include: Prison visits & Awaiting trial detainees Maintenance workshops Attorneys Adopt a School

Raj DayaRaj DayaChief Executive OfficerChief Executive Officer

Law Society of South AfricaLaw Society of South AfricaTel: (012) 366 8800Tel: (012) 366 8800

E-mail: E-mail: [email protected]@lssa.org.zawww.lssa.org.zawww.lssa.org.za

mailto:[email protected]

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Transforming the legal profession for the 21 st century