Public comments are being sought on mandatory community service for legal professionals in the country by the Department of Justice and Constitutional Development.
Among the purposes of the Legal Practice Act (LPA) is to broaden access to justice by enabling practising and candidate lawyers to perform community service.
Following consultation with the South African Legal Practice Council, the LPA requires the Minister of Justice and Correctional Services to prescribe the requirements for community service.
In the new regulations, which are open for public comment until 20 June 2022, the following is proposed:
Candidate legal practitioners:
- As part of their vocational training, candidates for legal practice must perform eight hours of community service per year.
- During the first calendar year of vocational training, a person who becomes a candidate legal practitioner must perform at least one hour of community service per month, or a portion thereof.
- In the case of a candidate attorney, their community service must be supervised by their principal, while in the case of a pupil, their engaging advocate must supervise their community service.
- Depending on the type of service, it may be intermittent or continuous.
- In addition to the hours of community service rendered in a calendar year, any extra hours can be carried forward to the following year as credits.
- Upon completion of practical legal training, a candidate legal practitioner must submit to the council one or more certificates signed by their principal or engaging attorney confirming that such community service has been completed.
- However, there may be certain exemptions which can apply.
Practicing legal practitioners
- Legal practitioners are required to perform 40 hours of community service per year.
- In accordance with the rules, lawyers may be exempt from rendering community service.
- In the first calendar year after entering practice, a new lawyer is required to perform at least three hours of community service per month, or a portion thereof.
- The performance of community service by a lawyer does not require supervision.
- The pro bono services provided by a practicing lawyer will be recognized as community service.
- The period of service referred to may be intermittent
- In addition to the hours of community service rendered in a calendar year, any extra hours can be carried forward to the following year as credits.
(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please our offices.)
