Transformation in legal profession requires more than meeting equity targets

© Jakub Krechowicz – 123RF.com

However, while the achievement of appropriately representative demographic targets is undoubtedly a vital requirement in the transformation of any industry in South Africa, truly sustainable transformation requires that stakeholders in the legal profession go further than merely meeting equity targets.

Given the role that law historically played in maintaining the political, social and economic inequalities of the past, the legal profession has an equally vital part to play in the country's success at redressing those inequalities. Delivering on that responsibility requires much more than creating study and job opportunities for previously disadvantaged individuals. It must also include a continued commitment by law firms across the country to assist in the development of newly qualified previously disadvantaged advocates once they enter the profession.

Mentorship programme

For this reason, any transformation commitment worth its salt needs to include a dedicated mentorship programme that focuses particularly on providing junior advocates from previously disadvantaged backgrounds with the full benefit of their more senior colleagues' industry experience and particularly hands-on exposure to complex legal issues and challenges.

Only by enabling our country's young advocates to become exposed to, and participate in, complex legal matters will the legal profession, its clients, and our country be able to derive the full benefits of a truly transformed legal system. If we allow our young graduates to work and survive on mundane and largely administrative tasks like postponements and unopposed applications, the comprehensive transformation of our profession will take decades longer than it should. It's as simple as understanding that a sportsman only improves by having game time. Similarly, the senior members of the profession need to give newly qualified advocates some 'game time'.

In recognition of this need for mentored exposure of previously disadvantaged legal juniors to complex litigation challenges, Thomson Wilks has designed what we hope will become the standard for skills-based transformation in the South African legal profession going forward. The success of this programme is reliant upon the support of the Bar Council - fortunately it has been very receptive to the idea.

Certain young professionals would be identified as suitable candidates by the Bar Council and then given various opportunities to participate in complex litigation under the guidance of participating senior advocates. In this way, the intention is to transform them into highly proficient legal practitioners.

Advocates must contribute

Ironically most young advocates cannot afford to participate in the mentorship programme because they would be forced to relinquish the steady income they receive from appearing in the unopposed motion courts and in the magistrate's courts. The profession cannot pass the cost of an additional - and unnecessary - advocate on to the client who is already feeling the high costs of litigation. It falls to advocates and attorneys to contribute towards a fair fee for the junior advocate to make the mentorship programme an attractive alternative to the security of the unopposed motion court.

The proposition is that the advocates briefed on a trial matter would contribute around 10% of their fees towards a fee for the young advocate being mentioned, and Thomson Wilks would do the same.

While this type of mentorship and skills development programme is obviously aimed primarily at transferring real legal skills to young previously disadvantaged legal professionals, the potential benefits it offers extend far beyond mere skills transfer. The hope is that by helping them to become better skilled and more successful, the retention rate by the profession of these young advocates will also
improve.

The opportunity exists for us as a profession to develop a representative, well skilled and experienced group of young advocates who have the confidence of the profession and the public.