WHAT WILL YOUR JOB, AS A CANDIDATE LEGAL PRACTITIONER, LIKELY ENTAIL?
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1/ Your job may differ depending on the type and size of the firm. For eg, bigger firms are more structured, so CLPs are often rotated from departments to experience different legal fields.
Generally, however, most CLPs can expect to do the following, amongst many other things:
Generally, however, most CLPs can expect to do the following, amongst many other things:
2/ Driving:
To court:
You will be driving to court for purposes of issuing processes, filing notices and pleadings, and appearing in front of magistrates. You will likely also accompany counsel and other attorneys in your firm when they appear before a presiding officer.
To court:
You will be driving to court for purposes of issuing processes, filing notices and pleadings, and appearing in front of magistrates. You will likely also accompany counsel and other attorneys in your firm when they appear before a presiding officer.
3/ Driving (cont):
You may also be required to deliver documents to the Master’s Office and the Deeds Office.
Candidates in the bigger firms will unlikely have to drive for purposes of issuing, serving and delivering as their court messengers normally attend to this.
You may also be required to deliver documents to the Master’s Office and the Deeds Office.
Candidates in the bigger firms will unlikely have to drive for purposes of issuing, serving and delivering as their court messengers normally attend to this.
4/ Driving (cont):
Small firms also tend to employ messengers, but not as many as the bigger firms, so candidates will very likely be required to drive.
To sheriffs:
You'll be delivering pleadings and notices to sheriffs’ offices for purposes of having the sheriff serve same.
Small firms also tend to employ messengers, but not as many as the bigger firms, so candidates will very likely be required to drive.
To sheriffs:
You'll be delivering pleadings and notices to sheriffs’ offices for purposes of having the sheriff serve same.
5/ Driving (cont):
You'll also be collecting returns of services and the original pleadings and notices from their offices, subsequent to service taking place.
You could also potentially attend a sale in execution at the sheriff’s offices to protect your client’s interests.
You'll also be collecting returns of services and the original pleadings and notices from their offices, subsequent to service taking place.
You could also potentially attend a sale in execution at the sheriff’s offices to protect your client’s interests.
6/ Driving (cont):
Each sheriff’s office covers a particular jurisdiction, so there are many sheriffs in many different areas.
To other attorneys’ offices:
You will be attending many attorneys’ offices for purposes of serving notices and pleadings...
Each sheriff’s office covers a particular jurisdiction, so there are many sheriffs in many different areas.
To other attorneys’ offices:
You will be attending many attorneys’ offices for purposes of serving notices and pleadings...
7/ Driving (cont):
When attorneys come on record for a party, you no longer instruct the sheriff to serve pleadings and notices on the opposition, as you can simply serve directly on the attorney instead.
These days, most attorneys consent to service via email.
When attorneys come on record for a party, you no longer instruct the sheriff to serve pleadings and notices on the opposition, as you can simply serve directly on the attorney instead.
These days, most attorneys consent to service via email.
8/ Driving (cont):
To counsel:
Advocates are commonly referred to as counsel.
You will be required to deliver briefs (instructions) to your counsels’ chambers (offices).
You will also conduct meetings and consults at counsels’ chambers.
To counsel:
Advocates are commonly referred to as counsel.
You will be required to deliver briefs (instructions) to your counsels’ chambers (offices).
You will also conduct meetings and consults at counsels’ chambers.
9/ Driving (cont):
Due to Covid, counsel is often briefed via email and meetings and consults take place virtually, so your driving in this regard will be substantially less than usual.
Due to Covid, counsel is often briefed via email and meetings and consults take place virtually, so your driving in this regard will be substantially less than usual.
10/ Driving (cont):
It must be noted, however, that law firms may no longer require as a prerequisite, when advertising job posts for candidates, that the candidate have a driver’s license or their own vehicle.
If you do not have a driver’s license, you will not have to drive.
It must be noted, however, that law firms may no longer require as a prerequisite, when advertising job posts for candidates, that the candidate have a driver’s license or their own vehicle.
If you do not have a driver’s license, you will not have to drive.
11/ Driving (cont):
Whether a firm will actually employ a candidate without a driver’s license is uncertain.
Most firms have their own company vehicles, but in the event that they do not, the candidate should be able to claim back petrol and other expenses from the firm.
Whether a firm will actually employ a candidate without a driver’s license is uncertain.
Most firms have their own company vehicles, but in the event that they do not, the candidate should be able to claim back petrol and other expenses from the firm.
12/ Court attendances (admin):
Issuing court processes:
All new summonses and applications must be issued. Issuing entails the allocation of a case number and the opening of a file.
This is done by the registrar (HC and Regional Court) or the clerk (MC) of the court.
Issuing court processes:
All new summonses and applications must be issued. Issuing entails the allocation of a case number and the opening of a file.
This is done by the registrar (HC and Regional Court) or the clerk (MC) of the court.
13/ Filing:
Whenever a pleading or notice is served, it needs to be filed as soon as possible thereafter.
Filing = going to court with said pleading or notice, together with proof of service, and having it stamped by the registrar or clerk, depending on the court you're in.
Whenever a pleading or notice is served, it needs to be filed as soon as possible thereafter.
Filing = going to court with said pleading or notice, together with proof of service, and having it stamped by the registrar or clerk, depending on the court you're in.
14/ Filing (cont):
You can physically file the notice or pleading by leaving the original in the court file after having same stamped, or you can have it stamped and return to the office with it.
You can physically file the notice or pleading by leaving the original in the court file after having same stamped, or you can have it stamped and return to the office with it.
15/ Filing (cont):
Before a matter is heard, you will be required to compile an indexed and paginated bundle, which will contain all the relevant served and filed pleadings.
In the JHB and PTA High Courts, you will file notices and pleadings by uploading them to CaseLines.
Before a matter is heard, you will be required to compile an indexed and paginated bundle, which will contain all the relevant served and filed pleadings.
In the JHB and PTA High Courts, you will file notices and pleadings by uploading them to CaseLines.
16/ Filing (cont):
These courts are mostly online now. Information on the CaseLines system will have to be an entire episode on its own.
Magistrate’s Courts are so disorganized that we doubt that they will ever be online.
These courts are mostly online now. Information on the CaseLines system will have to be an entire episode on its own.
Magistrate’s Courts are so disorganized that we doubt that they will ever be online.
17/ Accompanying counsel or senior attorneys to court for matters:
Counsel and senior attorneys may require your assistance in court when they are arguing matters.
You'll not be expected to do much, but it's very beneficial to watch and understand how court appearances work.
Counsel and senior attorneys may require your assistance in court when they are arguing matters.
You'll not be expected to do much, but it's very beneficial to watch and understand how court appearances work.
18/ Accompanying counsel (cont):
You should take notes of anything important said by the magistrate or judge as well as either parties’ representative.
Again, in JHB and PTA HC, argument is mostly done via MSTeams, which you can just log onto after receiving the hearing link.
You should take notes of anything important said by the magistrate or judge as well as either parties’ representative.
Again, in JHB and PTA HC, argument is mostly done via MSTeams, which you can just log onto after receiving the hearing link.
19/ Accompanying counsel (cont):
Some judges do direct that matters be heard in open court, in which event, you will need to physically attend court.
Some judges do direct that matters be heard in open court, in which event, you will need to physically attend court.
20/ Court appearances:
Section 65 financial enquiries:
Every candidate will get to experience the joys of a section 65 financial enquiry.
These enquiries take place in the Magistrate’s Court, after judgment has been granted against the defendants.
Section 65 financial enquiries:
Every candidate will get to experience the joys of a section 65 financial enquiry.
These enquiries take place in the Magistrate’s Court, after judgment has been granted against the defendants.
21/ S65 (cont):
S65 hearings = an enquiry into the financial position of the judgment debtor. At the hearing the debtor presents oral evidence as to their financial position. The court will then make an order regarding the repayment of the judgment debt and associated costs.
S65 hearings = an enquiry into the financial position of the judgment debtor. At the hearing the debtor presents oral evidence as to their financial position. The court will then make an order regarding the repayment of the judgment debt and associated costs.
22/ Default judgments:
In certain MCs, DJs are lodged with the clerk and no argument is required. The Magistrate will consider the default judgment request on the papers.
In other MCs, the DJ application will be heard in open court where you'll be required to appear.
In certain MCs, DJs are lodged with the clerk and no argument is required. The Magistrate will consider the default judgment request on the papers.
In other MCs, the DJ application will be heard in open court where you'll be required to appear.
23/ DJs (cont):
Also, if you have your right of appearance in the Regional Court, you may be required to move a default judgment application in said court.
These applications are generally very straightforward.
Also, if you have your right of appearance in the Regional Court, you may be required to move a default judgment application in said court.
These applications are generally very straightforward.
24/ Unopposed motions:
Unopposed motions are quite simple. As no opposing papers would've been received, you'll simply need to understand the matter and the law behind it in case the Mag asks qs.
Of course, some can be reasonably tricky, but we are speaking generally here.
Unopposed motions are quite simple. As no opposing papers would've been received, you'll simply need to understand the matter and the law behind it in case the Mag asks qs.
Of course, some can be reasonably tricky, but we are speaking generally here.
25/ Drafting:
You'll be expected to draft simple pleadings and notices, and as you progress, more complicated pleadings and notices. You'll also be drafting letters, sheriff instructions and emails.
Using past examples of the relevant notice or pleading as a template is best.
You'll be expected to draft simple pleadings and notices, and as you progress, more complicated pleadings and notices. You'll also be drafting letters, sheriff instructions and emails.
Using past examples of the relevant notice or pleading as a template is best.
26/ Mundane tasks:
You can expect to do plenty of printing, filing, copying and pagination, opening and maintenance of files, closing of files, and sending of invoices. You'll also be diarizing files.
This is a necessary, but probably least enjoyable, aspect of articles.
You can expect to do plenty of printing, filing, copying and pagination, opening and maintenance of files, closing of files, and sending of invoices. You'll also be diarizing files.
This is a necessary, but probably least enjoyable, aspect of articles.
27/ Meetings:
You'll accompany your principal and other attorneys to meetings with counsel, clients and opposition.
As you progress, you'll start attending meetings alone.
When you accompany counsel and senior attorneys to meetings, take notes of the discussion.
You'll accompany your principal and other attorneys to meetings with counsel, clients and opposition.
As you progress, you'll start attending meetings alone.
When you accompany counsel and senior attorneys to meetings, take notes of the discussion.
28/ Research:
Research is always required so you will regularly be researching legislation, case law, common law and so on.
You may also be required to draft opinions based on the research you have conducted.
Research is always required so you will regularly be researching legislation, case law, common law and so on.
You may also be required to draft opinions based on the research you have conducted.
29/ Taking and making telephone calls:
You will have regular telephonic conversations with clients, debtors, sheriffs, attorneys and so on.
Writing fees:
You may be required to record fees for your principal.
You will have regular telephonic conversations with clients, debtors, sheriffs, attorneys and so on.
Writing fees:
You may be required to record fees for your principal.
30/ We will be going through everything mentioned above in much greater detail on our YouTube channel, so make sure you are subscribed.
Again, just a reminder that we are speaking generally on this page and that things do change.
Again, just a reminder that we are speaking generally on this page and that things do change.
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