Saturday, February 23, 2013

The Truth about being a Lawyer: Part 1

Introduction

The legal world looks so glamorous, appealing, and sometimes even intimidating to the un-initiated. But what lies beneath is a fast-paced, cut-throat and indeed thrilling lifestyle for those with the stomach to succeed in the profession. Being a lawyer, indeed, is not for the faint hearted.

So who is a lawyer? In South Africa and many commonwealth countries there is a two tiered legal system. The client facing lawyers that you find in law firms are the attorneys. In England, attorneys are called solicitors as they can solicit clients. People go to an attorney with their matter, the attorney does the preliminary work and, if necessary, briefs an advocate.

The Profession
Advocate generally are litigation specialists who have the right to appear in court and will give high level legal advice to the attorneys and their clients. The profession of advocates is called the bar and the profession of attorneys is called the side-bar. The bar traditionally refers to the bar between the public and lawyers at court with the advocates in front of the bar and the attorneys behind or to the side with their clients and the general public. In England advocates are called barristers as they belong to the bar. Both advocates and barristers are not allowed to solicit clients. Advocates often do specialise in other fields are are briefed for opinions in respect of complex legal issues. 

People join the profession for a number of reasons. For me, it was an academic interest in the law. For many, it's try to save the world, and for some it's to get rich while engaging in a respectable position. Before you can decide decide why to join the legal profession, it's always good to figure out what being a lawyer really means.

Sure, you are a practitioner of the law in the general sense. I became an attorney in 2010 after completing my articles in a corporate law firm. To become an attorney you need to have a law degree, do 2 years of articles of clerkship in a firm of attorneys, with a principal supervising your training, and need to pass you board exams which you can write after attending the practical legal training lectures as mandated by the Law Society. The board exam is set by the law society and after you pass the exam and complete your articles you apply to the High Court to be admitted on the role of attorneys. Only the High Court can remove you once you are on it. You can be placed on the practicing role for practicing attorneys or on the non-practicing roll.

To become an advocate you need to have a law degree, and complete a year of un-paid pupillage and thereafter write the bar exam. Once you successfully complete this you will be placed on the role of advocates. Advocates practice alone; that is, they run their own matters and not with a group of advocates unless briefed by attorneys as such. It is not uncommon for attorneys to brief a junior advocate and a senior advocate in a complex litigation matter. The bar; however, is a lonely profession and one succeeds mainly if they have built their reputation and are popular with attorneys.

More to follow!

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