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Articles- Right of Appearance in Courts!
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TOPIC: Articles- Right of Appearance in Courts!
#7394
Articles- Right of Appearance in Courts! 6 Years, 11 Months ago Karma: 14
Hi Guys

I thought I would post a topic regarding the right of appearance of Candidate Attorneys in courts during articles.

This is merely my understanding and is based on my practical experience during my term of articles:

1.Candidate Attorneys do not automatically obtain right of appearance in any court or related forum. An appearance of a Candidate Attorney, not allowed to do so, exposes the Candidate Attorney, and his/her principle, to disciplinary action.

2.To obtain limited right of appearance, a Candidate Attorney must have completed his LLB and must also apply to the applicable law society for a Certificate of Appearance. The aforesaid certificate enables the Candidate Attorney to appear in the Magistrates Court on behalf of his/her Principle.

3.Therefore, a Candidate Attorney needs to be serving under valid contract of articles and have a LLB-degree, to be able to obtain Certificate to appear in the Magistrates Court.

Also Candidate Attorneys do not have to pass admission exams etc. to obtain the Certificate.

4.The Certificate is obtained by filling in the necessary forms and making the necessary payment (between R200-300 I think) at the Law Society.

Once admitted, an Attorney also does not automatically obtain the right of appearance in the High Court. Right of appearance in the High Court is obtained by way of an Application, similar to an Admission Application. This is the reason why an attorney that does not have right of appearance in the High Court cannot sign a High Court Summons on his own, but must be assisted by a Advocate.

The above is merely a simplification of the procedures involved, and also my understanding.

I hope it helps.
Rockman
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I AM THE LAW!!!- Judge Dread
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#7395
Re:Articles- Right of Appearance in Courts! 6 Years, 11 Months ago Karma: 1
Very helpful thanks
Roxy
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Good judgement come form experience. Experience come from bad judgement. (Unknown source)
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#33580
Re:Articles- Right of Appearance in Courts! 5 Years, 7 Months ago Karma: 0
Good day,

Does any body perhhaps know wheter it is allowed that a candidate attorney can sign court Notices?

According to the attorneys at our firm this is possible, but they do not know in what rule it was stated.

Regards
darren carpenter
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#33581
Re:Articles- Right of Appearance in Courts! 5 Years, 7 Months ago Karma: 13
probably once you have your degree and the appearance certificate from the law society. definately not before you have a degree AND the certificate. to be safe, i'm not signing before i'm admitted. on the certificate it states whre you are allowed to appear and where not, i assume you can sign court documents for those forums.
Tank
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#33654
Re:Articles- Right of Appearance in Courts! 5 Years, 7 Months ago Karma: 2
You aren’t allowed to sign court documents or notices as an article clerk as you aren’t an attorney.

Everything you do as an article clerk should be done under the supervision of your principle.

Your right of appearance is only the right to appear on behalf of your principle not in your own capacity.

You work under your principle, his membership to the law society and his fidelity fund certificate.

As an Attorney you can only appear in the High Court after three years of post-admission practice.
antboy
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#35483
Re:Articles- Right of Appearance in Courts! 5 Years, 6 Months ago Karma: 13
thought i would share something that i found interesting and frustrating.

my apearance certificate from the law society allows me to appear in courts / forums that my principal may appear in (on his behalf basically). it specifically excludes certain courts, which makes sense.

both myself and the attorneys in our firm thought i may appear in the ccma once i have that certificate, yet the ccma and kzn law society disagrees.

their views are that i need to be admitted to do arbitrations in the ccma on behalf of clients. the ccma rules apparantly dont allow it (havent double checked as yet but the regional manager of ccma confirmed).

obviously employers registered with employer's an orginization may represent each other, for that not even a llb is required but it seems there's no way candidate attorneys can represent employees during a arbitration.

i think for a relatively simple matter it would be great if CA's could to the arbs, great experience in at half the price for the client.

i often do concilliations for workers and companies but unless your a employers orgninations representing a fellow member its not technically allowed. no harm is caused so most commisioners allow it.

i think they should allow CA's to do arbs but there must be some way to make sure you have knowledge of ccma and labour law rules / principles. maybe its just not practicle to manage such a process...
Tank
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#280580
Re:Articles- Right of Appearance in Courts! 1 Month, 1 Week ago Karma: 1
antboy wrote:


As an Attorney you can only appear in the High Court after three years of post-admission practice.


Nope, that right there is incorrect. For an attorney to appear in the High Court he/she needs to write a letter to the chief registrar, and attach:
1. a certificate of good standing from the society,
2. a certified copy of his/her degree; and
3. a certified copy of his/her admission certificate (I am speaking under correction about this one).

Then he/she goes to collect the right of appearance certificate a few days later.
Jrtlaktalk
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