Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

17 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 15 of 2009
Useful Links
and Items of Interest 
 

Legal Profession

South Africa

Where to report an attorney - 13 July
Currently there is no ombud for legal services. However, the Law Society of South Africa, which brings together the four statutory provincial law societies, the Black Lawyers Association and the National Association of Democratic Lawyers, is in favour of such an office being created in the future dispensation envisaged in the Legal Practice Bill. Stakeholders in the legal profession and the minister of justice and constitutional development are discussing the Bill, and the role and function of an ombud for legal services has yet to be defined. - The Times website

Attorney : I acting as an 'in-between' - 17 July
A former attorney denied he had continued to practise after his name was struck from the Attorneys' Roll, the Bellville Specialised Commercial Crime Court heard on Friday. Hugh Pollard was earlier this month acquitted on multiple fraud charges, because the testimony in court of his alleged victims had differed materially from what they had stated in their sworn affidavits. - IOL website

Lawyers feeling the pinch - 17 July
Legal & Tax, a company that offers affordable access to legal and tax advice and expenses insurance to the consumer, reports there has been a noticeable increase in job applications from lawyers since the beginning of the year.  Last year, five applications per job specification were received.  This year the number has jumped to 35. - Moneyweb website

14 July 2009
Keynote address at the opening of Edward Nathan Sonnenberg Law Firm Offices in Alexander, by Mr Jeff Radebe, Minister of Justice and Constitutional Development, Alexandra
SA Government Information website

Botswana

See : Law society could arraign Khama before ICC

China

China shuts down office of volunteer lawyers - 17 July
Government officials on Friday shut down the office of a prominent lawyers' group known for taking on cases involving civil rights and corruption. It was the latest attempt by the government to clamp down on lawyers willing to challenge officials and other powerful figures in court. - New York Times website

New Zealand

Minister tells judge to butt out - 17 July
The country's top judge appears to be on a collision course with the Government after condemning most of its law and order policies. Chief Justice Dame Sian Elias has raised concerns in the Beehive with a speech to the Law Society that slated the "punitive and knee-jerk" response of successive governments to criminal justice issues. Justice Minister Simon Power has told Elias to butt out of government policy. Elias, the country's first female chief judge, has 40 years of legal experience. She said the "dramatic rise" in violent crime and the near-doubling of the prison population since the mid-1980s had coincided with a move from rehabilitative strategies to more punitive responses. Politicians had listened to popular opinion at the expense of experts in criminal justice, despite overwhelming evidence that longer prison sentences did not work, she said. - Stuff website

United Kingdom

Women lawyers earn almost one-third less than male colleagues
Women solicitors earn 29% less than their male colleagues,at least in the UK, according to their Law Gazette. The Law Society’s latest salary survey showed only a slight narrowing of the pay gap between the sexes compared with the previous year’s figure of 32%. While the gap can largely be attributed to the differences in PQE and practice areas of men and women in the profession, 8% is thought to relate to direct discrimination, either conscious or unconscious. - Law Fuel website

United States

Could there be accreditation for distance learning Law Schools in the not-so distant future? - 13 July
Last month, Ross Mitchell made headlines when he became the first online law school graduate to be admitted to the Massachusetts bar. He got his law degree from Concord University in 2004. He passed the bar in California - it's the one bar exam that Concord grads can take directly out of the program - in 2004. Other states allow Concord grads who have passed the California bar to sit for their bar exams, but Massachusetts is not one of them. The Mass Board of Bar Examiners requires that bar takers have a degree from an accredited law school. Mitchell sued the Mass Board of Bar Examiners, challenging the constitutionality of that rule. He didn't succeed in getting the state to change the rule, but he did get a waiver so that he could take the bar. He still hopes the Board of Bar Examiners will change its rules. - Above the Law blog

An interesting blog : Notes from the Breadline : a column by a laid-off lawyer in New York

Workingman's blues - 15 July
A few days later, [a friend] delivered some encouraging news : he knew someone who had found a job. "It took a while," he said of his acquaintance, "but he did it". In fact, Lat explained, it had taken the acquaintance a remarkably long time to find work. Even more remarkable, however, was how long the man's job search had taken, despite his impeccable credentials and extensive network of well-connected lawyers. I decided to talk to the lucky fellow about his experience in - and getting out of - the breadline. Perhaps, I thought, he could inspire us, provide some insight, or (at the very least) make us feel better about our collective inability to find gainful employment . . . How did your job search begin? . . . What else did you do? - Notes from the Breadline blog

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society