Legal aid offered at court
Project gives litigants access to top-class representation on-site
THURSDAY NOVEMBER 19
A2015 LL LITIGANTS who appear in the Western Cape High Court without legal representation will have access to top-class legal representation when the Motion Court Pro Bono project is launched.
The Cape Bar Council will launch the project, which will mean an attorney and advocate will be available at the court from Monday.
Andrew Brown, the chairman of the pro bono committee, said the idea came after it was realised that many litigants go unrepresented and struggle with the complex legalities they face.
He said the Motion Court was generally where evictions, bank defaults and repossessions were heard and decided.
“We want to try to make legal representation accessible for these persons on an immediate basis, to assist them that day in court with whatever the proceedings might be.
“This might involve requesting a postponement, arguing the merits of the matter, negotiating with the lawyers on the other side, or advising the client about the prospects of the matter.”
He said the complainants would have access to the legal representatives on-site.
Brown noted that the project was an ambitious one because “it involves having both an attorney and an advocate available at court to assist unrepresented litigants”.
The project will run as a pilot for two weeks. Attorneys will be available at the High Court, adjacent to court 16, between 10am and 1pm.
“Any person who is a litigant can apply for pro bono assistance. The starting point usually is to apply to the Law Society for a pro bono attorney. Once an attorney has been appointed, we appoint pro bono counsel.”
Brown added that in the case of the project, an attorney and an advocate will be available for litigants who are appearing in court that day.
“It is aimed particularly at the Motion Court, where the majority of unrepresented matters are to be found.”
Brown said all legal practitioners have an interest in justice being dispensed equally and in full, and people are not prejudiced by an inability to afford legal representations.
“At the Bar we have a policy that all advocates are expected to undertake a certain number of hours of pro bono duty every year. This project will be one avenue through which members of the Bar can fulfil that duty.”
He said the project will be similar to pro bono work, but will differ in that litigants will have immediate access to full legal representatives on the day.
“Thereafter, more long-term attorney and counsel may be appointed pro bono, depending on the nature of the matter and the outcome in court.
“The pilot project is designed partly to determine how significant the need is at this stage. Outside the project, unrepresented persons can apply to the Law Society for pro bono assistance from an attorney, and if an advocate is required, application can thereafter also be made to the Pro Bono Committee of the Bar Council.”
The pilot will run from Monday until December 4.