To Pupil – Advocacy

SABWiL Alumni — Sun, 11 Dec 2022 08:59:45 +0000

Self - actualisation in the legal profession

Law and Life Matters S1 E4 - a summation

Courageous Academic Journey

While studying for the Bachelor of Laws degree with University of South Africa, Mthombisi Mthimkulu was employed full time and that took most of his time. He had to make sacrifices by waking up early as three am to study and prepare to work afterward. This was not easy as he had to do this routine on a daily basis until he finished his studies.

University Days and Challenges

During University days Mthimkulu recalls that he liked the ladies. This created a challenge for him, since relationships require time. He had to juggle balancing between relationships, studies and his employment. Mthimkulu realised that he would not manage all this at once. He had to make the difficult decision of cutting out one of the aforementioned. He then reminded himself that one of the significant reasons that brought him to the institution was to obtain his law degree, this is how he realised and decided that relationships should take a back seat and he must focus his time on his law degree and employment.

The Decision To Do Pupilage

In the period of his studies Mthimkulu mentions that he was exposed to various attorneys. Thus he had a clear picture of what attorneys do in their day to day work from his neighbour who was an attorney at that time. However, knowing various aspects of what attorneys do on a daily basis he was not keen to work as an attorney.

Although he knew what attorneys’ work entails, he did not have much information regarding an advocate’s role within the legal system. He later found out through the mentor he shadowed. This is how he managed to come to grips with what advocates do in their day to day work. Through the shadowing, he also discovered his interest in becoming an advocate and as result he decided to do pupilage.

Day to Day Life As A Pupil – Advocate

Mthimkulu mentioned that on a day he normally does a lot of reading, drafting, research and attends lectures. Among other things pupilage also involves going to the chambers. He is allocated to a mentor who provides work and training with various aspects that is not ordinarily taught at the university such as writing skills. Counsel needs to draft court documents and other documents such as opinions, memorandum and the like. This journey continues.

Becoming The Attorney

SABWiL Alumni — Mon, 05 Dec 2022 14:00:27 +0000

Law and Life Matters Season 1 Episode 5 summation

Volunteering At A Law Firm

After matriculating in 2014, SABWiL Alumnus Attorney Sibusiso Nhlapo worked at a food outlet called Nandos. While working there for some time he realised this was not the life he wanted. He decided then and there to follow the legal route by approaching a number of law firms to work as volunteer. Fortunately, one law firm accepted his request to work as volunteer, mainly to perform duties of a messenger. Nhlapo never enjoyed working as messenger because he felt like he was overlooked and not being given an opportunity to deal with legal matters in depth. Later Attorney Nhlapo realised it was a learning curve in the sense that while he was sent around to various legal institutions, he managed to acquire insight into procedural skills whilst filing legal documents at various court departments.

Studying

In 2015 Nhlapo enrolled with University of South Africa to study for the Bachelor of Law (LL.B) degree. Important things he has learnt other than the law, is the value of being disciplined and independent in managing his studies. This manifests when ensuring that assignments are submitted on time and the syllabus is completed before the examination period commences. Whilst studying, Sibusiso Nhlapo was actively involved in various organisations such SABWIL, which guides him to understand what various aspects of law entails, forming relationships with legal practitioners and fellow students who share common interests, and obtaining practical experience, which is rare at the Universities.

Articles Of Clerkship

In 2019 Nhlapo graduated achieving the LL.B degree and in the same year he received three offers of articles of clerkship from the law firms he had once volunteered over the past years. This shows the significance of being active in the duration of one’s studies. During his articles he recalls not getting along with one of the attorneys he was assigned to at that time. Each time he suggested ideas on performing certain duties, his ideas were never entertained even though he had some experience from his volunteering work.

Since they both had a difference approach on how to perform certain duties during their employment this created a conflict among them in the office. However, as time went by he was allocated to another attorney, which made things a lot smoother for him to perform his work to the fullest. Therefore, he advises that should a candidate attorney be in a similar situation, she should try by all means to avoid putting their career in jeopardy and she should always remember that candidates are there to learn, perform and complete their articles.

Law School For Attorneys

At the time of attending law school, Nhlapo recalls that it was not an easy process especially the fact that he comes from a disadvantaged background. His parents had to sacrifice a lot for him to ensure he succeeds in his career. He recalls that he had to sit down with his employer to ask him to accommodate his law school timetable in order to enable him to be able to do his work at the office and as well as enabling him to attend classes at the law school. Sibusisi Nhlapo mentioned that he had to wake up as early as half four to be able to travel to the law school, and after classes end at about half past seven to eight he has to pop out money from his own pocket to be able to travel to work. This taught him to have time management skills and to be persistent in reaching his end goal which is to be admitted as an attorney.

Preparing For The Board Exams

Nhlapo mentioned that a number of fellow law graduates have the misconception that board exams are similar to the university exams. He disagrees. Nhlapo mentions that the board examinations are hectic and a lot of work is required in preparing for this. He recalls that at that particular time he did not receive enough lessons from the classes he was attending especially for bookkeeping module. He then hired someone paying from his own pocket. Nhlapo advises students who are about to write the attorneys’ board exams that they should prepare in time and try to split the exams into two per year during the term of their articles. In that way should one fail one, she can be able to redo it the following year and still finish in record time.

6. Admission As An Attorney

Once a candidate attorney has completed articles and passed all the board exams he or she is required to apply to the court to be admitted as an attorney. This process requires one to lodge a High Court application. A Notice of Motion together with an Affidavit has to be issued in court, and an advocate may be briefed to move the application on the given date. The particular law firm where one has served articles may take care of this whole procedure for the candidate attorney. It is recommended that the candidate play an active role in ensuring that this process is correct and timeous.

Law and Life Matters – SABWiL