Transforming the legal profession for the 21 st century

 The attorneys’ profession  The Legal Practice Bill  The Legal Services Sector Charter  Transformation initiatives by the LSSA

The LSSA 1938: 4 provincial law societies create a national forum to deal with issues on a national basis – Association of Law Societies (ALS). 1938: 4 provincial law societies create a national forum to deal with issues on a national basis – Association of Law Societies (ALS). 1996: ALS, Black Lawyers Association (BLA) and National Association of Democratic Lawyers (Nadel) entered discussions to create a transformational structure. 1996: ALS, Black Lawyers Association (BLA) and National Association of Democratic Lawyers (Nadel) entered discussions to create a transformational structure. March 1998: LSSA launched with 6 constituent members: March 1998: LSSA launched with 6 constituent members: 4 law societies 4 law societies BLA BLA Nadel Nadel A 50% : 25%: 25% representation on LSSA Council LSSA Council Black Lawyers Association KwaZulu-Natal Law Society Law Society of the Free State Law Society of the Northern Provinces Cape Law Society Nadel

LSSA DIVISIONS CEO CEO Finance Finance HR HR Communication Communication Legal Education and Development (L.E.A.D) Legal Education and Development (L.E.A.D) - Practical legal training for candidate attorneys - Continuing legal education for attorneys attorneys De Rebus, the SA Attorneys’ Journal De Rebus, the SA Attorneys’ Journal Professional Affairs Professional Affairs - Parliamentary liaison - National projects

ATTORNEYS attorneys (including attorneys in private practice, State Attorneys offices, Legal Aid Board Justice Centres and universities’ law clinics) attorneys (including attorneys in private practice, State Attorneys offices, Legal Aid Board Justice Centres and universities’ law clinics) 39% black 30%female candidate attorneys candidate attorneys (Advocates: about 2 000)

The Legal Services Sector Charter During 2007 LSSA took the lead in drafting LSC after consultation with stakeholders in legal profession. During 2007 LSSA took the lead in drafting LSC after consultation with stakeholders in legal profession. December 2007: Handed LSC to then Justice and Constitutional Development Minister, Brigitte Mabandla. December 2007: Handed LSC to then Justice and Constitutional Development Minister, Brigitte Mabandla. The LSC: A social compact – an aspirational document for the profession The LSC: A social compact – an aspirational document for the profession It recognises and embraces the specific nature of the legal profession, and the profession’s responsibility to address not only economic imbalances, but also the wider social inequality. It recognises and embraces the specific nature of the legal profession, and the profession’s responsibility to address not only economic imbalances, but also the wider social inequality. Recognises that a strong, independent and representative legal services 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 access to justice for all people. Recognises that a strong, independent and representative legal services 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 access to justice for all people. LSSA said in a press statement “The unanimous adoption of the Charter by the LSSA’s constituent members illustrates the commitment of the attorneys’ profession to transformation and the Charter as a binding and guiding principle to provide for an independent legal profession and to eradicate the inequalities of the past.” LSSA said in a press statement “The unanimous adoption of the Charter by the LSSA’s constituent members illustrates the commitment of the attorneys’ profession to transformation and the Charter as a binding and guiding principle to provide for an independent legal profession and to eradicate the inequalities of the past.”

LSC: Commitments by the legal profession: Access to justice: The legal profession undertakes to recognise the ethical obligation to carry out pro bono work and develop and enhance the pro bono system with a view to making it compulsory for all practitioners; recognise the ethical obligation to carry out pro bono work and develop and enhance the pro bono system with a view to making it compulsory for all practitioners; develop and implement pro bono programmes by investigating and developing a comprehensive referral system for persons seeking pro bono legal services; develop and implement pro bono programmes by investigating and developing a comprehensive referral system for persons seeking pro bono legal services; define and establish a community-service programme to be dealt with and included in the legislation envisaged in Chapter 3 below; define and establish a community-service programme to be dealt with and included in the legislation envisaged in Chapter 3 below; enhance access to legal services in rural areas through initiatives to ensure the sustainable provision of legal services in such areas; enhance access to legal services in rural areas through initiatives to ensure the sustainable provision of legal services in such areas; investigate the need for legal insurance in so far as it might promote access to legal services; investigate the need for legal insurance in so far as it might promote access to legal services; investigate the affordability of services, including the review of disparities and affordability of legal fees, and consider measures aimed at enhancing the affordability of legal services; and investigate the affordability of services, including the review of disparities and affordability of legal fees, and consider measures aimed at enhancing the affordability of legal services; and co-operate with university law faculties, legal aid clinics and outreach programmes. co-operate with university law faculties, legal aid clinics and outreach programmes.

LSC: Commitments by the legal profession: Access to legal work The legal profession undertakes to identify and implement equitable procurement strategies to promote access to legal work for HDIs. The legal profession undertakes to identify and implement equitable procurement strategies to promote access to legal work for HDIs. Access to courts The legal profession undertakes to assist and co-operate with the courts to ensure the expeditious completion of cases and the reduction of backlogs. The legal profession undertakes to assist and co-operate with the courts to ensure the expeditious completion of cases and the reduction of backlogs.

LSC: Commitments by the legal profession: Access to the legal profession The legal profession undertakes to address challenges of entry into the legal profession particularly by HDIs, and ensure the standardisation and availability of legal training and education including continuing legal training and education; address challenges of entry into the legal profession particularly by HDIs, and ensure the standardisation and availability of legal training and education including continuing legal training and education; provide skills development and skills transfer development programmes so as to create a body of qualified and competent practitioners; provide skills development and skills transfer development programmes so as to create a body of qualified and competent practitioners; ensure that legal training and education includes social context awareness training; and ensure that legal training and education includes social context awareness training; and develop mentorship programmes and encourage legal practitioners and legal academics to provide assistance, skills development and the transfer of skills. develop mentorship programmes and encourage legal practitioners and legal academics to provide assistance, skills development and the transfer of skills.

LSC: Scorecards During 2008, the LSSA drafted the scorecards that form part of the LSC. The complete Charter, including the scorecards, was presented to the Justice Department in October Ownership Ownership Management Management Employment Equity Employment Equity Skills Development Skills Development Procurement Procurement Enterprise Development Enterprise Development Socio-Economic Development Socio-Economic Development Although the LSC has not been gazetted, an LSSA Task Team is designing a compliance kit for attorneys to facilitate implementation of the LSC.

The attorneys’ profession: Facts & figures Attorneys’ practices: Equity ownership and management: Source: LSSA National Survey of the Attorneys’ Profession 2008

Attorneys’ practices: Occupational levels of professionals Source: LSSA National Survey of the Attorneys’ Profession 2008

Attorneys’ practices: Annual fee income Annual Fee Income Attorneys’ practices (%) R 0 to R 1 m 61.7 R 1.1 m to R 5 m 29.5 R 5.1 m to R 10 m 3.9 R 10.1 m to R 15 m 1.2 R 15.1 m to R 20 m 0.4 R 20.1 m to R 25 m 0.3 R 25.1 m to R 50 m 0.6 R 50.1 m to R 100 m 0.0 R 100 m Unknown 2.3 Total Source: LSSA National Survey of the Attorneys’ Profession 2008

Attorneys’ practices: Field of work Field of work Percentage of practices involved in field of work Average % income earned Conveyancing Civil Litigation Administration of Estates Family Law Criminal Law Commercial and Tax Law Motor Vehicle Accident Claims Source: LSSA National Survey of the Attorneys’ Profession 2008

Challenges for the LSSA 80% of attorneys' practices still owned by white practitioners. 80% of attorneys' practices still owned by white practitioners. Two thirds of attorneys’ practices still owned by men only. Two thirds of attorneys’ practices still owned by men only. Is there attrition of black and women attorneys from the profession? If so, what are the reasons for them leaving and how can they be retained? Is there attrition of black and women attorneys from the profession? If so, what are the reasons for them leaving and how can they be retained? New, more lucrative areas of practice? New, more lucrative areas of practice?

LSSA transformation initiatives Attorneys Development Fund 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 Association and the National Association of Democratic Lawyers, as well as the Attorneys Fidelity Fund. 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 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 to promote the sustainability and growth of newly established and deserving attorneys’ firms. 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’ firms. The ADF is rooted in the commitments made in the LSC, to develop a pool of representative, well-trained and competent professional providers of legal services; develop a pool of representative, well-trained and competent professional providers of legal services; enhance access to legal services in all areas through initiatives to ensure the sustainable provision of legal services in such areas; and enhance access to legal services in all areas through initiatives to ensure the sustainable provision of legal services in such areas; and provide skills development and skills transfer development programmes so as to create a body of qualified and competent practitioners. provide skills development and skills transfer development programmes so as to create a body of qualified and competent practitioners. The ADF will assist attorneys by providing infrastructural resources for the establishment or operation of practices; infrastructural resources for the establishment or operation of practices; business support by accredited service providers; and business support by accredited service providers; and relevant training to utilise infrastructure and resources in order to establish and manage a sustainable practice. relevant training to utilise infrastructure and resources in order to establish and manage a sustainable practice.

LSSA transformation initiatives The LSSA regards education, training and skills transfer initiatives as essential elements for the transformation of the profession.

LSSA transformation initiatives L.E.A.D LEAD provides continuing education for practising attorneys, and practical and vocational training for candidate attorneys. Candidate attorneys: 10 centres of LSSA School for Legal Practice throughout the country (nine full-time centres and one distance-training centre), 10 centres of LSSA School for Legal Practice throughout the country (nine full-time centres and one distance-training centre), Attended by over candidate attorneys each year. Candidate attorneys receive theoretical and practical skills to equip them to practise as professionals. Attended by over candidate attorneys each year. Candidate attorneys receive 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 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, tax, banking, transport, environmental, property and corporate law (in cooperation with SASSETA). Intensive skills transfer initiatives in areas such as conveyancing, mining, competition, tax, banking, transport, environmental, property and corporate law (in cooperation 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 dealing with marketing, finance, entrepreneurship, leadership and business models. Practice management (LSSA lobbied for mandatory); practice-enhancing modules dealing with marketing, finance, entrepreneurship, leadership and business models. New enterprise development. New enterprise development. E-learning being investigated to bring training to all practitioners in all areas.

Transformation initiatives by the LSSA De Rebus De Rebus, the SA Attorneys’ Journal, published monthly by the LSSA Sent free of charge to all attorneys and candidate attorneys (circulation of ). 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 Justice 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 Daya Chief Executive Officer Law Society of South Africa Tel: (012)