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

4 September 2009

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

InfoUpdate 19 of 2009
Useful Links
and Items of Interest 
 

Legal Profession

South Africa

Bay apartheid spy is still on attorneys' roll - 25 August
The controversy surrounding Vanessa Brereton's role as an apartheid spy refuses to die down, with a former colleague outraged that the Cape Law Society has been so slow in having her struck from the Roll of Attorneys.
Cape Law Society director Nalini Gangen said : "The society's council considered all the relevant facts in the matter and found Ms Brereton not to be a fit and proper person to remain on the Roll of Attorneys. Should the application be successful, (her) name will be removed from the Roll of Attorneys and she will no longer be entitled to practise as such". Gangen said the matter was supposed to have been heard on August 6, but postponed after numerous attempts to trace Brereton had failed. Ironically, Brereton visited her mother in Port Elizabeth this month following a horrific attack by robbers in her Newton Park home on August 2. Advocate Glen Goosen, who had worked as a clerk at the same law firm from 1988 to 1990, said it had been so long since Brereton’s confession that he could not understand why the Cape Law Society had still not managed to strike her from the Roll of Attorneys. - Weekend Post website

Court bans rogue EL lawyer from practising - 4 September
Prominent East London lawyer Lindile Nompozolo has been interdicted from practising as an attorney after misappropriating money from clients. The Grahamstown High Court yesterday granted the interdict pending an application by the Cape Law Society to permanently strike him from the roll of attorneys. The Law Society alleged that Nompozolo had misappropriated about R1.4m from money kept in trust for various clients. - Dispatch Online website

Australia

Justice an easily admired, yet inaccessible Rolls Royce : Chief Justice - 27 August
Western Australia's top judge last week called for an overhaul of access to justice in the state. In a speech given at the Australian Lawyers Alliance Western Australian State Conference, Chief Justice  Wayne Martin described the Australian justice system as a Rolls Royce that the average Australian could only admire rather than utilise. The Chief Justice said that a move away from the adversarial system towards a more collegiate approach would serve the community and the system best. - The New Lawyer website

Pakistan

Pakistan's lawyers above law? - 21 August
These days, their footage is all over the Pakistani news channels. Lawyers, dressed in black suits and ties, on the attack. Every few days seem to bring a new incident ; the beating of a policeman ; a scuffle with members of the press outside the high court in Lahore. The newspapers scream that lawyers have become a public menace. The police are incensed. - BBC News website

United Kingdom

Solicitor faces being struck off after fighting councils' care cuts - 21 August
A solicitor who helped thousands of people fight against cuts to care services faces being struck off after the councils she battled complained about her. Yvonne Hossack will appear at a Solicitors Disciplinary Tribunal next month. She is accused of bringing her profession into disrepute. Ms Hossack, of Kettering, Northants, who has been described as "a thorn in the side of the establishment", could be fined £5 000, suspended or kicked out of the profession altogether. She has issued the Home Secretary, Alan Johnson, with a summons to appear as a witness after he declined to publicly back her - despite privately thanking her for fighting cuts in his Hull constituency. Mr Johnson told Ms Hossack that she "done a brilliant job under difficult circumstances" in fighting against the closure of a care home. - Telegraph website

United States

'Billable hour' under attack - 25 August
With the recession crimping legal budgets, some big companies are fighting back against law firms' longstanding practice of billing them by the hour. The companies are ditching the hourly structure - which critics complain offers law firms an incentive to rack up bigger bills - in favor of flat-fee contracts. One survey found an increase of more than 50% this year in corporate spending on alternatives to the traditional hourly-fee model. - Wall Street Journal website
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Under attack, should the billable hour be concerned for its safety? - 24 August
Heralding the death of the billable hour is much like predicting the end of the world: eventually somebody is going to be right. Has anything fundamentally changed this time around to make the billable hour more susceptible to death? Here's the best argument. - Above the Law blog

ABA files suit against FTC over applying Red Flags rule to lawyers - 27 August
The American Bar Association filed suit today in the US District Court for the District of Columbia against the Federal Trade Commission, seeking an injunction to block the application of the so-called Red Flags Rule to practicing lawyers. As the BLT previously reported, the bar association has been lobbying for months to exempt lawyers from the regulations, which require businesses and organizations that act as "creditors" to establish a program for preventing identity theft. According to a Federal Trade Commission guide, the program must identify potential areas of vulnerability within a business and include policies for detecting and responding to red flags. - The Blog of Legal Times website

Archaic rules hobble attorneys - 7 September
As the economy sputters and every morning's inbox is greeted with news of law firm layoffs and "out of business" signs, it highlights an obstacle to the business of law that is unique to this profession - often-stringent state bar rules of professional conduct related to advertising and marketing. - The National Law Journal website

Recovering fees a struggle for firms - 3 September
Law firms are dealing with more fee-recovery issues and some have been forced to delay staff salaries, or launch disputes against non-paying clients. The problem has taken its toll recently in the United States, where a number of disputes have been launched between high-profile firms and longstanding clients. - ALB Legal News website

In transition? Don't let it bring you down - 5 August
Lawyers are facing an unprecedented period of transition. Good lawyers who've done everything right are now unemployed. Ambitious, bright law students have no jobs. Many other lawyers face reduced hours, reduced pay, and lateral options appear limited. In these challenging times, every lawyer should know any transition, no matter how difficult, can be turned into an opportunity. My own career includes transitions from private practice to corporate counsel to legal coach. Certain fundamental tactics give any lawyer the ability to make successful transitions. These tactics may appear disarmingly simple. However, if you execute them on a regular and consistent basis, you can create a positive transition. - Article by Michael Moore on the State Bar of Wisconsin website

Keeping your practice afloat : legal marketing in turbulent times
Article by Sharon D Nelson and John W Simek on Sensei Enterpries website

See also : Attorneys finding jobs on Twitter

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