Many people have heard the term ‘candidate attorney’, but not many outside the legal profession know what a candidate attorney is or what they do. We will shed some light on this vital stage in the journey to becoming an attorney.
What is a candidate attorney?
The term ‘candidate attorney’ refers to someone who has obtained their four-year LLB degree and is busy with their articles of clerkship, with the intent of becoming a registered attorney. Articles of clerkship often referred to as ‘articles’, are a form of practical vocational training (PVT) that is required by law for anyone wanting to become a registered attorney.
These articles take two years to complete and are conducted at an approved law firm in South Africa. Candidate attorneys serve under a PVT contract with a person who is currently practising law. They can be practising for their own account, as a partner in a law firm, as a state attorney, or any other institution approved by the Legal Practice Council (LPC) for the purpose of training candidate attorneys.
This person is referred to as the candidate attorney’s principal, and they are responsible for filing the paperwork to the LPC.
During the two years under a PVT contract, the candidate attorney must complete a programme of structured coursework of not less than 150 notional hours. These courses act as practical legal training (PLT) and are compulsory. Candidate attorneys can complete their articles in one year if they complete a PLT course, outside of their PVT working hours, of not less than 400 notional hours.
The duties of a candidate attorney
Candidate attorneys are very hard-working individuals, on top of their PLT course work, they also have several duties for their PVT contracts. These duties can vary depending on the work strategies and ethics of the law firm or organisation for which the candidate attorney is working.
Broadly speaking, a candidate attorney assists the legal professionals of the law firm in performing their tasks efficiently. All while gaining vital practical experience, and learning as much as possible to help a candidate attorney achieve their dream of becoming a registered attorney. We will now take a closer look at some of the daily duties most candidate attorneys will encounter.
Attend meetings
Attorneys attend a lot of meetings, from case discussions to strategy meetings, meetings with clients, meetings with opposing legal teams, and more. Meetings are where a great deal of legal work happens, which is why a candidate attorney's duties will usually include attending meetings. This allows them to observe the proceedings in these meetings and learn a great deal. Depending on the law firm, and the principal, some candidate attorneys will participate in case discussions, including those with other legal teams. This provides them with practical experience that is indispensable.
Analyse legal documents
There is a lot of paperwork involved in the legal profession, including contracts, summons, wills, the laws or acts themselves, and much more. With so many legal documents it is no surprise that a common duty for a candidate attorney involves these documents. It often falls to the candidate attorney to peruse, analyse, and summarise legal documents for their law firms. This allows the candidate attorney to gain experience with the many forms of legal documentation while freeing up the time of the professional attorneys in the firm.
Draft legal documents
As previously stated, there is a lot of documentation in the legal profession, and obviously, all that documentation has to be written by somebody. This task also often falls under the duties of a candidate attorney. They will often be involved in drafting legal documents like contracts, settlement agreements, and more. These duties can also include drafting legal correspondence. Legal correspondence refers to letters between attorneys and their clients, the courts, or any other legal entity. While all this documentation is why some people call candidate attorneys "glorified typists," it gives candidate attorneys practical experience with the many forms of legal documentation. Additionally, as their principal or other professional attorneys at the firm will look over these drafted documents, candidate attorneys can learn and improve their document writing skills.
Remain abreast of developments in the legal and policy environments
The legal and policy environment is a constantly shifting landscape with amendments to existing laws and new laws being passed constantly by various governmental bodies. That is why one of the primary duties of a candidate attorney is to ensure they stay up to date with any and all changes in the legal and policy environment they work in. This is vital for any legal professional to ensure that they perform their duties in accordance with the law as it presently stands. Which will prevent them from providing legal services that are outdated or wrong. This vital duty is best honed as a candidate attorney, where your principals and seniors can assist you with keeping up to date.
Conduct research
Another vital aspect of the legal profession is research, as legal professionals must research various aspects of their cases. These include the laws, jurisdictions, precedence, and more that may be relevant to their case. That is why research is also one of the duties of a candidate attorney, this includes preliminary and desktop research. This allows the candidate to hone their research skills with practical experience, while also freeing up the time of their superiors at the firm.
Court appearances
Candidate attorney duties can include court appearances, though this has strict legal requirements. A candidate attorney can appear in any court, other than the High Court, the Supreme Court of Appeal, or the Constitutional Court, on behalf of any person. However they must have the approval of their principal, and they must have completed at least 6 months of their PVT. Some law firms will allow candidate attorneys to accompany clients, and attorneys in court, if they meet these requirements, as it gives them experience in the courtroom.
With such a long list of duties, it is no surprise that the average candidate attorney salary is R144 000 per year. As the legal profession is a high-stress environment, completing their PVT is very demanding for a candidate attorney. This salary is well earned by these hard-working individuals, as they strive to achieve their dream, and be the best attorney they can be.
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