{"id":710790,"date":"2023-08-14T09:13:10","date_gmt":"2023-08-14T07:13:10","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=710790"},"modified":"2023-08-14T09:14:33","modified_gmt":"2023-08-14T07:14:33","slug":"big-changes-for-lawyers-in-south-africa-including-compulsory-community-service-and-changes-coming-for-pay","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/business\/710790\/big-changes-for-lawyers-in-south-africa-including-compulsory-community-service-and-changes-coming-for-pay\/","title":{"rendered":"Big changes for lawyers in South Africa &#8211; including compulsory community service and  changes coming for pay"},"content":{"rendered":"\n<p>The Department of Justice and Correctional Development has gazetted an amendment to regulations within the Legal Practice Act, outlining new rules for community service for lawyers in the country.<\/p>\n\n\n\n<p>Under the new amendments, candidate legal practitioners and practising legal practitioners will now have to perform compulsory community service every year, with immediate effect (effective 11 August 2023).<\/p>\n\n\n\n<p>Candidate practitioners will have to perform 8 hours of community service a year, while practising lawyers will be subject to 40 hours a year.<\/p>\n\n\n\n<p>Generally, the following conditions apply:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The hours can be performed intermittently or continuously;<\/li>\n\n\n\n<li>The services can be pro rata or pro bono;<\/li>\n\n\n\n<li>Any extra hours of community services worked can be carried forward as credit for the next calendar year.<\/li>\n<\/ul>\n\n\n\n<p>The community service hours are slightly different for candidate and practising lawyers, however.<\/p>\n\n\n\n<p>For candidate practitioners, the community service must be supervised by their principal or a person directed by their principal, and a pupil who renders community service must be supervised by their engaging advocate or a person directed by said advocate.<\/p>\n\n\n\n<p>Candidate practitioners, once they have completed their practical vocational training, also need to submit a certificate confirming that the community service has been completed.<\/p>\n\n\n\n<p>For practising lawyers, acting as a principal that supervises candidate practitioners also counts towards their own community service hours.<\/p>\n\n\n\n<p>Other aspects of the field &#8211; such as &#8220;In forma pauperis&#8221; instructions from the High Court, lecturing or training &#8211; can also be considered community service hours, the department said.<\/p>\n\n\n\n<p>Practicing lawyers also have to submit a signed certificate confirming the hours have been done to council.<\/p>\n\n\n\n<p>In all aspects, however, all professional standards and codes of conduct need to be adhered by candidate and practicing lawyers when doing their community service hours.<\/p>\n\n\n\n<p><strong>Salary changes<\/strong><\/p>\n\n\n\n<p>In addition to the new compulsory community service hours, the Legal Practice Council <a href=\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2023\/08\/Salary-Proposals.pdf\"><strong>called for public comments <\/strong><\/a>on minimum remuneration proposals for candidate attorneys undergoing practical vocational training and those in pupillage under the supervision of practising advocates.<\/p>\n\n\n\n<p>For candidate attorneys, the council said that applying a uniform minimum remuneration is impractical due to the &#8220;diversity of law firms taking on candidate legal practitioners in different areas around the country&#8221;.<\/p>\n\n\n\n<p>Setting a minimum would deter firms in rural areas, for example, from taking on and training more candidates.<\/p>\n\n\n\n<p>As such, the council is proposing a split between rural and urban minimums:<\/p>\n\n\n\n<figure class=\"wp-block-table\"><div class=\"table-responsive\"><table class=\"table\"><tbody><tr><td><strong>Demographics<\/strong><\/td><td class=\"has-text-align-center\" data-align=\"center\"><strong>Min. PA<\/strong><\/td><td class=\"has-text-align-center\" data-align=\"center\"><strong>Min. PM<\/strong><\/td><\/tr><tr><td>Candidate Attorneys in Rural Areas<\/td><td class=\"has-text-align-center\" data-align=\"center\">R72 000<\/td><td class=\"has-text-align-center\" data-align=\"center\">R6 000<\/td><\/tr><tr><td>Candidate Attorneys in Urban Areas<\/td><td class=\"has-text-align-center\" data-align=\"center\">R96 000<\/td><td class=\"has-text-align-center\" data-align=\"center\">R8 000<\/td><\/tr><\/tbody><\/table><\/div><\/figure>\n\n\n\n<p>For pupils undergoing vocational training with an advocate, the council believes that they should be remunerated &#8211; but &#8220;appreciates that they are not employed by their supervisors&#8221;, and that imposing an obligation on a supervisor to remunerate a pupil will discourage many advocates from becoming a supervisor.<\/p>\n\n\n\n<p>&#8220;The council therefore proposes that a levy be imposed on practising advocates to establish a fund from which pupils will be remunerated,&#8221; it said.<\/p>\n\n\n\n<p>The Council proposes that:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Senior counsel pays a once-off levy of R8,400 per year, or R700 per month; and<\/li>\n\n\n\n<li>Junior counsel of 10 years standing and more pays a once-off levy of R4,800 per year or R400 per month.<\/li>\n<\/ul>\n\n\n\n<p>If this proposal is implemented, a pupil undergoing practical vocational training would be entitled to minimum remuneration of R96,000 a year or R8,000 a month.<\/p>\n\n\n\n<iframe loading=\"lazy\" src=\"https:\/\/businesstech.co.za\/news\/wp-content\/uploads\/2023\/08\/Legal-Practice.pdf\" width=\"100%\" height=\"600\"><\/iframe>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/wealth\/665557\/this-is-how-much-money-lawyers-get-paid-in-south-africa\/\">This is how much money lawyers get paid in South Africa<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Lawyers in South Africa will now have to perform compulsory community service.<\/p>\n","protected":false},"author":10,"featured_media":710796,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9872],"tags":[26],"class_list":["post-710790","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","tag-headline"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/710790","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=710790"}],"version-history":[{"count":2,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/710790\/revisions"}],"predecessor-version":[{"id":710806,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/710790\/revisions\/710806"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/710796"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=710790"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=710790"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=710790"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}