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How do you find out whether an attorney has been admitted in South Africa?

All admitted attorneys are listed with the Legal Practice Council (LPC) in South Africa. If you go to the LPC’s website you can search for any attorney by name, province, area/city and practitioner type, and see whether they are currently practising.

How do I get the recordings?

Send an email to your designated course coordinator and request your recordings. The course coordinator will then forward your link and login details via email.

WHAT SHOULD MY IMMEDIATE REACTION BE IF I AM ARRESTED?

You have the right to remain silent and not to implicate yourself. It is not advisable to say anything to the police let alone sign a confession. Your attorney will make representations to resolve any misunderstandings or prove your innocence. Do not sign anything or make a statement with the exception of your written explanation of rights which is the document normally presented to all arrested persons.

The police are entitled to:

  • Take your finger-prints, palm-prints, foot-prints, photograph, note any distinguishing marks on your body, or take you to a registered nurse or doctor to have your blood drawn;
  • Subject you to an identity parade and at this stage you should ensure your legal representative is present.

    • What is the board exam?

    The attorneys’ admission exam used to be known as the ‘board exam’. The board exam consists of four examinations that you need to pass as a requirement for becoming a registered attorney in South Africa. This exam is now called the ‘competency-based examination for admission as an attorney’

    What is expected of me as a client of your firm?

    We are here to help you during the difficult times that arise when being faced with a lawsuit. We expect for you to come to us with any questions or concerns that you may have. We want you to be honest and responsive with us so that we can best prepare you for any possible situations which arise.

    WHAT ARE MY RIGHTS?

    The Constitution of the Republic of South Africa and The Criminal Procedure Act 51 of 1977 grant an accused or arrested person the following rights.

  • The Right to a Fair, Public and Speedy trial.
  • The Right to be presumed innocent unless proven guilty beyond reasonable doubt by the court.

    • Continues...

  • The Right against Self- Incrimination which means you are entitled to remain silent and not to provide evidence that can be used against you.
  • The Right to Confront a Witness; by questioning and cross-examining every witness that testifies against you during the course of a trial.
  • The Right to Adduce Evidence entitles you to present your evidence to the court or to call witnesses and provide evidence that could favourably determine the outcome of the case.

    • Questions you might ask your lawyer

  • Do I have a problem that can be resolved by law?
  • What legal risks am I facing?
  • What documents do I need to support my case?
  • Do I need statements from witnesses?
  • What are my options for resolving the dispute out of court?
  • How can I settle the case?

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  • If my case goes to litigation, what steps are there in the legal process?
  • How long will it take before my case goes to trial?
  • What is the court likely to order?
  • If I am successful at trial, how can I collect money after the judgment?

    • More

  • How much will it cost to handle my case?
  • What can I do to keep the costs down in my case?
  • When will I receive bills from the lawyer, and when am I expected to pay?
  • How can I reduce the cost? Can I handle some of the legal work myself?

    • Questions you might ask your lawyer

  • How often will I be billed for legal services?
  • Do I have payment options?
  • Does the lawyer need a retainer right away?
  • How is it best to contact the lawyer, and how soon can I expect a reply?
  • What do you expect from me?
  • What can I expect from you?

    • 1. Divorce

    What happens when a divorce was settled and concluded but the client wants to vary the agreement?, you make an application for a variation of a deed of settlement at Court.

    2. How long does the divorce process take?

    There are two types of divorces, contested and uncontested. Contested divorce is complex and may take up to 2 years while uncontested divorces may take up to 4 months to be finalized.

    What is a temporary residence permit?

    A temporary resident permit allows a foreigner who is not the holder of a permanent resident permit to enter and stay in South Africa for a limited period of time.