Understanding Common Legal Misconceptions: Insights from a Candidate Attorney's Journey

?As I embark on my two-year-long journey as a candidate attorney, I've come to realize that there are numerous misconceptions surrounding the legal profession in South Africa. Many people, even those who interact with the legal system, often lack a full understanding of legal jargon, processes, and the roles of different professionals within the field. In this article, I aim to debunk some of the most common myths and clarify the realities of practicing law in South Africa.

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1. Does South Africa Have Juries?

A question I get asked frequently is whether South Africa has jury trials. The simple answer is no. While some countries like the United States have a jury system, South Africa operates differently. In rare instances, a judge may consult other legal professionals or experts to aid in his decision-making, but this is not a common practice. The presiding judge alone is typically responsible for rendering the verdict in both criminal and civil cases.

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2. Not Every Case Goes to Trial

Another misconception is that every legal dispute must be settled in a courtroom. In reality, most cases do not reach trial. The legal process often involves a significant amount of correspondence between the attorneys representing both parties. Many disputes are resolved through negotiations and settlements without ever needing a court appearance. However, when no settlement can be reached, and both sides remain at an impasse, the matter will eventually go to trial where a judge makes the final decision.

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3. Understanding the Different Courts in South Africa

Many people are unaware of the diversity of courts in South Africa and assume that there is only one court that handles all matters. This isn't the case. South Africa has a system of courts tailored to different types of legal issues.

·?Magistrates' Courts: These handle less serious criminal cases, civil disputes, and family matters. They are typically limited to cases with lower monetary values ranging between R0-R200 000.00;

·?Regional Courts: This Court Handles more serious civil and criminal matters that exceed the District Magistrates Courts jurisdiction with claims between R200 001.00-R400 000.00;

· High Courts: These courts have broader jurisdiction and deal with more serious and complex legal matters, including major criminal cases, civil litigation, and constitutional issues with claims ranging from R400 001.00;

·?Constitutional Court: As the highest court in the land, the Constitutional Court handles cases that involve the interpretation and application of the Constitution, and its decisions are final;

·?The Supreme Court of Appeal: in South Africa functions as the highest court for all appeals in civil and criminal cases, ensuring the interpretation and application of the law is consistent and just across the country.

·?Specialized Courts: South Africa also has courts that focus on specific areas of law, such as the Labour Court, which deals with employment-related issues, and the Land Claims Court, which addresses land restitution matters.

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4. Legal Cases Can Take Years to Resolve

One of the most surprising things for many is how long legal cases can take. As a candidate attorney, I have witnessed firsthand that litigation is rarely a quick process. It’s not uncommon for cases to last for years. For example, one of my colleagues has been involved in a case that has been ongoing for six years, with litigation still underway. The lengthy process is often due to delays in the court's schedule, a backlog of cases, or even issues like having to wait for a court date, which might only be available a year after the matter is first filed.

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5. The Busy Nature of Legal Work

Another frequent misconception is that lawyers have free time or are just handling a few cases at a time. The truth is far from this. As a candidate attorney, I often deal with urgent matters that have strict deadlines. For instance, a law firm may receive multiple summonses in one week, and each summons requires a timely response—sometimes within only a few days due to the deadline. In addition to responding to these, attorneys have court appearances scheduled months in advance. This workload means that we are constantly juggling multiple cases and tasks, and the pace can be overwhelming. So, if you've ever found yourself waiting for a response from your attorney, remember that they might be dealing with other urgent matters at once but your case is still being dealt with.

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6. Attorney vs. Advocate: What's the Difference?

Many people are confused about the difference between an attorney and an advocate, often using the terms interchangeably. While both professions require a law degree, the roles and responsibilities differ significantly.

· Attorneys:

o?? After completing their law degree,?aspiring?attorneys must?first?do two years of practical training (articles) at a law firm.

o?? Attorneys then write four board exams

o?? Attorneys handle client relations, legal documentation, and preparation for court cases.

o?? They are responsible for ensuring that everything is in order for an advocate to argue the case in court?where an advocate is appointed.?

·? Advocates:

o?? After completing their law degree,?aspiring?advocates must undergo a year of pupillage, during which they work under the supervision of an experienced advocate.

o?? Advocates have to write five bar exams

o?? Advocates are specialists in arguing cases in court, especially in higher courts

o?? They cannot advertise their services and work mainly through word of mouth, relying on referrals from attorneys.

While both attorneys and advocates can appear in court, advocates are generally preferred for complex matters in higher courts due to their expertise in advocacy.

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7. Respect in the Legal Profession

Respect is a core value in the legal community. From the way we address judges to how we interact with our colleagues, respect is fundamental to maintaining professionalism. For example, when you enter a court, you're expected to show respect by addressing the presiding judge properly—"Your Worship" in Magistrates' Court, and "My Lord" or "My Lady" in the High Court.?

Additionally, seniority is highly regarded. Even if a colleague has only been practicing law for six months longer than you, they are considered your senior, and it’s expected that you treat them with the appropriate respect.

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8. What Does "Candidate Attorney" Mean?

Finally, many people don’t fully understand what a?candidate attorney?is. A candidate attorney is someone who has completed their law degree and is currently undergoing practical training at a law firm. Essentially, candidate attorneys act as attorneys, but they work under the supervision of a principal (a senior attorney). They are learning the ins and outs of drafting legal documents, managing clients, and appearing in court. After completing their two years of articles, candidate attorneys can apply for admission to the High Court as attorneys.

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The legal profession is filled with nuances and intricacies that are often misunderstood by those who aren't involved in the field. As a candidate attorney, working at Gittins Attorneys I've learned that patience, hard work, and respect for the process are essential. The misconceptions above are just a few of the many I encounter regularly. By clarifying these points, I hope to give a better understanding of what it means to be a part of South Africa's legal community. Whether you're considering a career in law or just need legal advice, understanding these key aspects of the profession can make all the difference in how you navigate the legal system.

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