Community service thumbs up

COMPULSORY: YOUNG LAWYERS

Practising attorneys already doing 40 annually.

Government’s proposed compulsory community service for lawyers is a noble plan, but needs to be properly structured – especially for candidate attorneys entering the legal sector, according to the Law Society of SA (LSSA).

The department of justice and constitutional development has invited comments on the legislation of the community service in terms of Section 29 of the Legal Practice Act, which governs the legal sector in the country.

The gazetted regulation proposes that a candidate lawyer must, as part of their vocational training, do a yearly eight hours of community service at any institution approved by the justice minister.

Practising advocates and attorneys are required to do 40 hours a year.

The community service rendered by a candidate attorney must be supervised by their principal.

LSSA spokesperson Shaun Hangone, a practising attorney, welcomed the proposal.

However, he added, such a community service should not be confused with the pro bono practice, a free service from a lawyer.

“There was always a debate among us years back when we were asked to help at the local court, and we would raise the fact that that’s not pro bono, that’s fulfilling a government service. Pro bono is offering legal service for the community without remuneration, not for the government.”

According to Hangone, the concerning issue is that junior aspiring lawyers have limited areas where free services can be rendered.

“I think one such place to go to was the SA Human Rights Commission (SAHRC), so the first concern is, is community service equal to pro bono? The answer to that is a resounding no. In this instance, pro bono should not be a substitute for state service.

“If juniors are joining the profession, we need cognisance of the fact that they are young practitioners without experience and shouldn’t be unleashed on the public.”

Young aspirant lawyers, said Hangone, needed training and help the same as the person requiring legal assistance, and cannot be expected to disseminate mature litigation.

“There has to be a structured environment for candidate attorneys, whether they are asked to go help deal with the backlog at the master’s office or go to the high court to assist with filing, then there’s a positive spin to it.

“I am happy with it if it’s a structured plan. Also, there is Legal Aid SA, which can accommodate community service… they are spread across the country and their candidates are in courts every day.

“I think from a principled point of view, community service should not have a private or trainee practitioner doing civil service work,” he said. –