law fraternity move to tackle touting advocates
05 February 2008 
 
A showdown is looming between law firms and advocates who engage in illegal practices by appearing in court without first being instructed by attorneys.  The country’s Law Societies and Bar Councils aim to take firm action against the practice of touting after the Cape High Court suspended an advocate last year for 18 months.

Since then both bodies have tried to clamp down on counsels who appear without being solicited by lawyers. Law Society of South Africa criminal law chairperson William Booth said many advocates were getting away with the illegal practice as no one was reporting them. He said some of the independent advocates (who are not members of the Bar Council) tout for their potential clients in courts, prisons and holding cells.

According to Bar Council rules, an advocate cannot appear in court without being instructed by an attorney. Otherwise the public would be prejudiced because their money was taken under the impression they were getting services from a better qualified person at a cheaper rate, Booth said.

But East London advocate, Konene Dokolwana, said the Bar and the Society were looking at the symptoms instead of looking at the real cause of the problem.  “There are attorneys who are dishonest towards advocates about their clients. They will consult with a client until their money is finished and then come and brief an advocate,” said Dokolwana.  He said this action led to a situation where a client had no more money, with the result that the advocate lost out. “That is when some advocate might take drastic measures because their bills are not getting paid,” he said.
Dokolwana said that at times advocates would submit their claims to attorneys for services rendered, but would then struggle to get their money.

“There is a lack of professional conduct from certain attorneys which leads to advocates directly engaging with their clients,” said Dokolwana.

But a top East London prosecutor said this unprofessional conduct was unacceptable and was increasing. “You will find an advocate appearing in court without being briefed by anyone at all. They all know it is illegal to consult with clients directly,” he said.

High Court Reporter, Thanduxolo Jika, www.dispatch.co.za