The Pretoria Attorneys Association (PAA) held a function for candidate legal practitioners in Pretoria on 22 February 2024, to welcome the legal practitioners starting their journey into the legal profession, as well as share with them some of the benefits of belonging to an association such as the PAA. During her welcoming address, the Chairperson of the PAA, Vijayta Rana told candidate legal practitioners that they are about to embark on a journey of a noble and challenging career. A journey that demands dedication, integrity and the pursuit of justice. She congratulated the candidate legal practitioners for taking courageous steps towards becoming legal practitioners. Ms Rana added that the path of becoming a legal practitioner is not an easy one, but it is undoubtedly a rewarding one. She added: ‘You have chosen a profession that holds immense power. The power to uphold the rule of law. To defend the rights of the marginalised and to advocate for those who cannot speak for themselves.’
The chairperson of the Pretoria Attorneys Association (PAA), Vijayta Rana, speaking at the function the PAA held for candidate legal practitioners at Pretoria on 22 February 2022.
Ms Rana told legal practitioners that they should embrace every opportunity to expand their knowledge and sharpen their skills. She added that they should also seek out mentors who can guide them along the way and never hesitate to ask questions. She said that being a legal practitioner is not just about memorising statutes and case laws but is about understanding the human stories behind each case. ‘It is about empathy, compassion and the ability to see the world through the eyes of your clients,’ Ms Rana added.
Vice-Chairperson of the Pretoria Attorneys Association spoke at the function hosted for candidate legal practitioners.
While introducing the keynote speaker, Vice-Chairperson of the PAA, Tiaan Joubert, briefly discussed what the event was about. He explained what the difference between the Legal Practice Council (LPC) and the PAA is. He pointed out that all legal practitioners and candidate legal practitioners are obliged to be members of the LPC, as it is the regulator and the LPC prioritises the best interest of the public. He said that associations such as the PAA, are voluntary associations and legal practitioners and candidate legal practitioners can freely join the association. He added that the PAA will always prioritise the best interest of legal practitioners. He pointed out that the PAA lobbies on behalf of legal practitioners. He said the PAA meets with the judiciary, the registrars, deeds office, all stakeholders, to facilitate, whatever legal practitioners made need to make it easier for them to practice.
Mr Joubert said the PAA also holds events for their members, which include webinars, networking sessions and charity events to give back to the community.
The keynote address was delivered by Magistrate Modise Khoele of the Pretoria Magistrate’s Court, who spoke on ethics. He told attendees about his observations as a magistrate and said it is his hope that what he shares with the candidate legal practitioners as suggested corrective measures, they would take and share with their colleagues, to build on them and together improve the image of the legal profession and ultimately recuperate the rule of law in South Africa.
Mr Khoele started of his topic by addressing the issue of punctuality. He pointed out that irrespective of the explanation that one advances for late arrival, an impression would have already been created. He said one must spare themselves the embarrassment and be on time. Mr Khoele added that in the court system, the embarrassment that legal practitioners are confronted with given the late arrival, by making contact with the opponent’s colleague to extend an apology to the court for late arrival. ‘My observation is this is hard to achieve primarily because colleagues you have no interest in each other. No interest in each other’s carrier development,’ Mr Khoele said. He pointed out that there are instances that legal practitioners will attempt to approach him in chambers or court. And refer to their colleagues on a first name basis. He encouraged that legal practitioners should know each other by surname.
Pretoria Magistrate, Modise Khoele, was the keynote speaker.
Mr Khoele urged legal practitioners to show interest in each other, interest in each other’s development and interest in each other’s existence in the legal profession. He said that legal practitioners are stuck with each other for a considerable time to come. He added that the first rule of thumb is to introduce yourself to your opponent in the morning. He said how one addresses or refers to a colleague, it has always been ‘my learned friend’.
Mr Khoele pointed out that another rule of thumb is never to make a client’s case your own. ‘Do not lose objectivity and emotionally align with your client’s case. After all, you have your colleagues for a lifetime and your client for a couple of months,’ Mr Khoele said. He said that legal practitioners must do their utmost best not to embarrass their colleagues. Mr Khoele added that legal practitioners must be inclusive, that when they are in a group, they should use a language that everybody will understand. He pointed out that one should be mindful to others about what they say about their colleagues, because it reflects on one’s collegiality.
Mr Khoele further addressed the issue of preparation. He said that at any given chance before legal practitioners go to court, they ought to make sure they have read the relevant rules. He said it is not an excuse if one is given a file a day or hours before the hearing, or whether the matter is a correspondent matter or the legal practitioner who was given the matter fell ill. He said the only trading commodity legal practitioners have is their wisdom and proper preparation. Mr Khoele told candidates legal practitioners that the responsibility of developing oneself entirely lies on that person. ‘What you consume, tabloids, TikTok, will take you nowhere. We cannot be a perpetual nation of gags. It boggles the mind that you have absolutely no interest in cases that are presented by your peers in court,’ Mr Khoele added. He pointed out that moments after he dealt with a particular matter, he would ask a legal practitioner to call the legal practitioner who was presenting on that case, and they often do not know who he is referring to.
Mr Khoele said he was seconded to the judiciary ten years ago and his best publication for him is the De Rebus Attorneys’ Journal. ‘I went from hard print to online now. I go through it, every month I read De Rebus. You have law reports. You have articles written by colleagues. You have everything that you need to develop yourself. I suggest to you that De Rebus, the contribution that are there, you read cases that are of no interest to you now, but when the issue comes up, because you have the background knowledge or an inkling that you read somewhere about this, you have a starting point,’ Mr Khoele said.
Other issues Mr Khoele raised are with regard to legal practitioners introducing themselves to the presiding officer in the morning. He said legal practitioners must introduce themselves and have some form of identity document to indeed confirm they are who they say they are as there are bogus legal practitioners in the courts. He further discussed the issue of a dress codes. That the dress code is black and white and should wear dark colours where possible. And legal practitioners should robe before proceedings commence, as it indicates that you are representing a client in a court, and know when to take off the robe. He pointed out that if legal practitioners do not adhere to these basics rules it will result in the court not seeing them.
Mr Khoele also said that in court legal practitioners should avoid citing the whole case or lecturing the presiding officer on the law. He said that there is a thin line about emphasis and lecturing presiding officers. Should a legal practitioner make a mistake in court they should own it and apologies for that mistake. He added that in his life as a legal practitioner he lived by four principles. He shared one of the principles is that the legal practitioner’s overriding duty is not to the client but to the court. That a legal practitioner must always act with integrity. That a legal practitioner must advance the best interest of his or her client without fear or favour to the best of their ability and should do so honourably and honestly. He pointed out that legal practitioners have a duty of courtesy towards presiding officers, opponents, and witnesses. He said his lifetime principle he shared is to help legal practitioners not to get in trouble with the LPC. ‘If you cannot justify what you are doing, do not do it, Mr Khoele added.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
