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TOPIC: Appearing in court
#286962
Appearing in court 2 Weeks, 6 Days ago Karma: 8
Hi

Firstly, I have not posted here in a while even though I really meant to.
Secondly to all the new people on here, Study notes wiki is the main reason I passed all my module. This platform and many of its users are incredibly helpful so make as much use of it as you can.

My question in this thread relates to appearing in court as a Candidate attorney. To those who have completed articles or are currently doing it, can you please give me a bit of a lowdown on court appearance.

I am currently at an IP firm and there is no court appearances by attorneys whatsoever. I was just wondering if other firms operate the same way? As a CA do you ever appear in court? (mag/small claims) Do you have to wear the robe? To what extent do you operate in the court room?Do you actually argue the matter and if so where did you learn this because almost all attorneys dont seem to want to see a court room.

I have always wanted to be inside a court room arguing a matter and perhaps I should have gone down the advocates route (too late now I guess), however I was very keen on the NPA program but it got postponed/closed/whatever, (and was the subject of an infamous thread and user on this forum) on this forum in 2016.

Finally what kind of firm would you advise me to join in order to get some court experience in terms of presenting cases? Most of the commercial fims to my knowledge hardly have matters set down for trial as they are way too costly and tedious.

Thanks!!!
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#286971
Re:Appearing in court 2 Weeks, 6 Days ago Karma: 5
As most matters involving IP firms entail litigation in the High Court, a CA does not have right of appearance.

The majority of firms involved in general litigation and criminal matters will have cases in the Magistrate's Court. a CA with a LLB applies for right of appearance at his/her Law Society after 1 month of registering articles. The right of appearance does not include Regional court for the 1st year of articles, so divorce cases are out for your 1st year. Yes, you do need to wear a robe when appearing. A courtesy when appearing before the Magistrate for the 1st time is to introduce yourself in the Magistrate's chambers with your right of appearance.
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#286982
Re:Appearing in court 2 Weeks, 3 Days ago Karma: 8
Thanks for responding.

What would general litigation entail?

Thanks
LS_7
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Completed: 1st level: FLS1501, FLS1502, FAC1503, ILW1501, PVL1501, SCL1501, SCL1502, EUP1501

2nd level: ADL2601, CIP2601, CSL2601, CMP2601, CRW2601, CRW2602, PVL2601, PVL2602, IND2601, IOS2601, FUR2601, MRL2601

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4th level: LJU4801, LJU4802, LCP4801, LPL4801, LPL4805 LPL4802 MRL4801, HMLLB80, LML4810, LCR4803.
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#286988
Re:Appearing in court 2 Weeks, 3 Days ago Karma: 34
filemon wrote:
As most matters involving IP firms entail litigation in the High Court, a CA does not have right of appearance.

The majority of firms involved in general litigation and criminal matters will have cases in the Magistrate's Court. a CA with a LLB applies for right of appearance at his/her Law Society after 1 month of registering articles. The right of appearance does not include Regional court for the 1st year of articles, so divorce cases are out for your 1st year. Yes, you do need to wear a robe when appearing. A courtesy when appearing before the Magistrate for the 1st time is to introduce yourself in the Magistrate's chambers with your right of appearance.


Hi Filemon

the right of appearance has changed

You either have to have an LLB (so candidates who are doing LLB and their articles have to wait) to apply for right of appearance in the lower courts

Candidates who do not have an LLB must have been doing articles for at least a year to apply for right of appearance

but i think the poster does have an LLB

its just added info for people who are reading the thread
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#286989
Re:Appearing in court 2 Weeks, 3 Days ago Karma: 34
LS_7 wrote:
Thanks for responding.

What would general litigation entail?

Thanks


family court
damages
delictual claims

perhaps some CCMA stuff
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#287068
Re:Appearing in court 1 Week, 2 Days ago Karma: 8
well i have been appearing in court since i started my articles. 3 months thereafter, ran my 1st trial when i was 5 months at this firm.. litigation has become such a sleph..tedious the most..i had to wait for a year to appear in regional. but now i dabble in district like it nothing. from civil to criminal..think criminal is more fluid, personal choice civil is way to much paperwork. i think what the previous writer misunderstood is that you have to wait a year before appearing in regional..

had a few fallouts with magistrates. was told to pipe down by magistrates. thrown under the bus by prosecutors. threw them under the bus. its all fun (not really)constantly bullied by more seasoned attorneys. but learned to stand my ground. love family matters. not divorces though custody (access to minors) maintenance..but i think i am swaying more towards criminal. quick thinking..always win the day. few assault matters, bail applications..matters involving juveniles i find more interesting.

wow..half the time i pc litigate(civil) gosh there is not a court in the cape i havent appeared in. love briefing senior counsel(as a candidate attorney)love the autonomy my firm gives us..lucky but pay SUCKS!! almost done..then i dont' know what i will be doing..

yes you were your gown its your attire. always black dressess. knee lenght otherwise you'll have some magistrates commenting on your dresscode. dont' wear lipstick (unwarranted attention)just a personal thing. try to blend in and not to be noticed. (another mental note for myself) ye first court appearances was daunting..still is, especially if you don't know the magistrate. always go and introduce yourself. always!was almost thrown out of court for not having my right of appearances. and was told not to speak..so, overall..its okay
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Last Edit: 2018/06/12 15:53 By bluepepper79.
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#287070
Re:Appearing in court 1 Week, 2 Days ago Karma: 8
oh yes and labour law..loads of it, was a huge blow to the ego when we lost a huge labour law matter..

ive been to small claims. bellville specialized crimes court, worked on a huge fraud matter. handled the labour law aspect myself, ended up at bellville specialized crimes court, accompanying another attorney, worked with him on that case..walked into a shooting outside bellville, wynberg court. fighting outside simons town court. stabbing at athlone..ye, was approached by an husband for telling his wife not to withdraw assault charges. appeared infront of the chief prosecutor because of my reps(representations)..given a personalized tour of CT HC by the court manager..the places i find myself in, gosh..this little excursion has been quite eventful. grateful, but im retiring soon. LMK!! it was an achievement, got it, got the title..now onto the next frontier! economics! watch out
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Last Edit: 2018/06/12 16:02 By bluepepper79.
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#287113
Re:Appearing in court 5 Days, 9 Hours ago Karma: 19
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Last Edit: 2018/06/16 08:47 By mapgirl001.
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#287141
Re:Appearing in court 2 Days, 21 Hours ago Karma: 8
bluepepper79 wrote:
well i have been appearing in court since i started my articles. 3 months thereafter, ran my 1st trial when i was 5 months at this firm.. litigation has become such a sleph..tedious the most..i had to wait for a year to appear in regional. but now i dabble in district like it nothing. from civil to criminal..think criminal is more fluid, personal choice civil is way to much paperwork. i think what the previous writer misunderstood is that you have to wait a year before appearing in regional..

had a few fallouts with magistrates. was told to pipe down by magistrates. thrown under the bus by prosecutors. threw them under the bus. its all fun (not really)constantly bullied by more seasoned attorneys. but learned to stand my ground. love family matters. not divorces though custody (access to minors) maintenance..but i think i am swaying more towards criminal. quick thinking..always win the day. few assault matters, bail applications..matters involving juveniles i find more interesting.

wow..half the time i pc litigate(civil) gosh there is not a court in the cape i havent appeared in. love briefing senior counsel(as a candidate attorney)love the autonomy my firm gives us..lucky but pay SUCKS!! almost done..then i dont' know what i will be doing..

yes you were your gown its your attire. always black dressess. knee lenght otherwise you'll have some magistrates commenting on your dresscode. dont' wear lipstick (unwarranted attention)just a personal thing. try to blend in and not to be noticed. (another mental note for myself) ye first court appearances was daunting..still is, especially if you don't know the magistrate. always go and introduce yourself. always!was almost thrown out of court for not having my right of appearances. and was told not to speak..so, overall..its okay


Quite the journey hey.Very interesting. How did you find arguing matters?

Were you walked through the process of presenting a case or did you have to just figure out on your own by watching others?
LS_7
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Last Edit: 2018/06/18 20:33 By LS_7.
LLB Qualification Complete - 2015

Completed: 1st level: FLS1501, FLS1502, FAC1503, ILW1501, PVL1501, SCL1501, SCL1502, EUP1501

2nd level: ADL2601, CIP2601, CSL2601, CMP2601, CRW2601, CRW2602, PVL2601, PVL2602, IND2601, IOS2601, FUR2601, MRL2601

3rd level: PVL3701, PVL3702, PVL3703, PVL3704, CIP3701, EVI3701, EVI3702, CMP3701, MRL3701, MRL3702.

4th level: LJU4801, LJU4802, LCP4801, LPL4801, LPL4805 LPL4802 MRL4801, HMLLB80, LML4810, LCR4803.
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