Frequently Asked Questions and Answers on Lawyers

Do you have any specific question on lawyers  similar to that below? If yes, feel free to post it below. We will try to answer it for you.

What does it involve to be a lawyer?

There are various types of lawyer. Some do court work and other usually paper work, like contracts. Then you get lawyers who advise. However, whatever the type of lawyer, the work is hard and challenging as you need to advise and think a lot. At the end of the day, you need to find the best solutions and course of actions for your clients.

What subjects do you need to do to become a lawyer?

Languages are important.

What do you have to go through to become a lawyer?

You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.

Are judges lawyers

Yes, they are lawyers as they studied law and apply it.

What do you have to do to become a lawyer?

You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.

What is the monthly salary of a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How much does it cost to go to law school?

You need to contact them.

How much do lawyers make in a year?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How long does it take to become a lawyer?

An LL.B could take 4 to 5 years.

How long do you have to go to law school?

It depends on part time or full time. You need to contact them.

What is the average salary for a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How many hours a day does a lawyer work?

Lawyers can work long hours. Sometimes till late the evening and on weekends.

What type of education do you need to be a lawyer?

Usually an LL.B degree.

What do you do when you are a lawyer?

You apply the law the specific circumstances.

How many different types of lawyers are there?

There are many kinds. Attorney, Prosecutors, Judges, Advisors etc.

What are the skills needed to be a lawyer?

You should be able to read well digest a lot of information. Think logically and be sharp.

How long does it take to go to school to be a judge?

You cant go to school to be a judge. You are appointed based on your experiences.

What kind of bachelor’s degree do you need to be a lawyer?

LL.B

How long do you have to go to school to become a paralegal?

Usually a year.

Can you get a law degree without going to law school?

There are online degrees.

What do you actually do as a lawyer?

You apply the law to the facts.

Who do lawyers work for?

For their clients. Some work for the state as in the case of prosecutors.

What subjects in high school to be a lawyer?

Languages. You need to ask the University.

What are the benefits of a lawyer?

You help people. And if you work hard, you can earn a good income.

What do you do as a criminal lawyer?

Defend your clients. You represent them at Court.

How long does it take to get a law degree in South Africa?

Usually 4 years. If you do it part-time, it would take longer.

How do you become a paralegal?

Go to go to a school for paralegal studies. The Law Society has one.

What subjects do you have to do to become a lawyer?

Usually languages. You should contact the university accordingly.

What are the requirements for hiring a lawyer?

There are none. However, you should ensure that there is no conflict of interests.

How much do you earn as a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

What are the requirements to get into law school?

Speak to the specific law school.

How much does it cost to go to law school?

Speak to the law school. The fees would vary from law school and year.

How long do you have to go to school to become a criminal lawyer?

The same as any other lawyer. However, you may want to do more criminal law related subjects at University.

How expensive is it to go to law school?

Speak to the law school. They should advise you accordingly. Some people do it part-time.

Is the law exam really that hard?

It depends how had you study. However, you need to be dedicated and work hard at it. If you do so, you will pass.

What jobs can you do with a law degree?

You can work in the private sector, or for the state. Some lawyers work in banks, other in big corporations.

How much do you earn when you are a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How much does a prosecutor earn per month in South Africa?

You need to contact the Prosecuting Authority. A senior prosecutor would obviously earn much more.

How much money does a lawyer make in a year?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How many years does it take to get a law degree?

Usually 4 years. If you do it part-time, it will take longer.

How much money does a lawyer make in a month?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How much does a social worker earn per month?

You need to find out by the specific social worker. Some are private, some work for the state.

What type of education do you need to be a lawyer?

And LL.B.

Is LLB a bachelor’s degree?

Yes, Its also an Honors Degree.

How long does it take to become a lawyer?

Usually 4 years.

 
Posted on by Telelaw

Frequently Asked Questions and Answers on Lawyers

Do you have any specific question on lawyers  similar to that below? If yes, feel free to post it below. We will try to answer it for you.

What does it involve to be a lawyer?

There are various types of lawyer. Some do court work and other usually paper work, like contracts. Then you get lawyers who advise. However, whatever the type of lawyer, the work is hard and challenging as you need to advise and think a lot. At the end of the day, you need to find the best solutions and course of actions for your clients.

What subjects do you need to do to become a lawyer?

Languages are important.

What do you have to go through to become a lawyer?

You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.

Are judges lawyers

Yes, they are lawyers as they studied law and apply it.

What do you have to do to become a lawyer?

You require a lawyer degree. Usually and LL.B. Thereafter, you need to do the required training for the specific course you decide to follow.

What is the monthly salary of a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How much does it cost to go to law school?

You need to contact them.

How much do lawyers make in a year?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How long does it take to become a lawyer?

An LL.B could take 4 to 5 years.

How long do you have to go to law school?

It depends on part time or full time. You need to contact them.

What is the average salary for a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How many hours a day does a lawyer work?

Lawyers can work long hours. Sometimes till late the evening and on weekends.

What type of education do you need to be a lawyer?

Usually an LL.B degree.

What do you do when you are a lawyer?

You apply the law the specific circumstances.

How many different types of lawyers are there?

There are many kinds. Attorney, Prosecutors, Judges, Advisors etc.

What are the skills needed to be a lawyer?

You should be able to read well digest a lot of information. Think logically and be sharp.

How long does it take to go to school to be a judge?

You cant go to school to be a judge. You are appointed based on your experiences.

What kind of bachelor’s degree do you need to be a lawyer?

LL.B

How long do you have to go to school to become a paralegal?

Usually a year.

Can you get a law degree without going to law school?

There are online degrees.

What do you actually do as a lawyer?

You apply the law to the facts.

Who do lawyers work for?

For their clients. Some work for the state as in the case of prosecutors.

What subjects in high school to be a lawyer?

Languages. You need to ask the University.

What are the benefits of a lawyer?

You help people. And if you work hard, you can earn a good income.

What do you do as a criminal lawyer?

Defend your clients. You represent them at Court.

How long does it take to get a law degree in South Africa?

Usually 4 years. If you do it part-time, it would take longer.

How do you become a paralegal?

Go to go to a school for paralegal studies. The Law Society has one.

What subjects do you have to do to become a lawyer?

Usually languages. You should contact the university accordingly.

What are the requirements for hiring a lawyer?

There are none. However, you should ensure that there is no conflict of interests.

How much do you earn as a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

What are the requirements to get into law school?

Speak to the specific law school.

How much does it cost to go to law school?

Speak to the law school. The fees would vary from law school and year.

How long do you have to go to school to become a criminal lawyer?

The same as any other lawyer. However, you may want to do more criminal law related subjects at University.

How expensive is it to go to law school?

Speak to the law school. They should advise you accordingly. Some people do it part-time.

Is the law exam really that hard?

It depends how had you study. However, you need to be dedicated and work hard at it. If you do so, you will pass.

What jobs can you do with a law degree?

You can work in the private sector, or for the state. Some lawyers work in banks, other in big corporations.

How much do you earn when you are a lawyer?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How much does a prosecutor earn per month in South Africa?

You need to contact the Prosecuting Authority. A senior prosecutor would obviously earn much more.

How much money does a lawyer make in a year?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How many years does it take to get a law degree?

Usually 4 years. If you do it part-time, it will take longer.

How much money does a lawyer make in a month?

That would depend on the company the lawyer works for. Some work for banks, government, law firms and others for themselves.

How much does a social worker earn per month?

You need to find out by the specific social worker. Some are private, some work for the state.

What type of education do you need to be a lawyer?

And LL.B.

Is LLB a bachelor’s degree?

Yes, Its also an Honors Degree.

How long does it take to become a lawyer?

Usually 4 years.

 

Related Post

How do I strategies my child maintenance case? I am struggling to grasp how to approach my maintenance matter. Please give me some advice?

As with any legal matter where you have a dispute, you need to have a strategy or a plan to be successful. Without a strategy or plan, you are just hoping for the best. However, hope does not steer a boat to shore. There are some, and in most cases, a lot of work, planning and thinking. Let’s face it, the other party or parent in your legal matter also has a plan or strategy. Suppose they put the necessary energy into executing it for the intended results, or at least more than what you are putting into it; their results will favour them much more. That is so, despite all the hope you put into it.

Understand the maintenance laws and how it works

But before we move on, with any plan or strategy, comes knowledge. It would do little good if you did not research how child maintenance works, the legal process, and what outcomes are possible. With all the information online, it is expected that you would watch some online videos on child maintenance and read some of the many articles on the topic. Knowledge is key, and that is what is going to get you through your case.

What are the basic principles in a child maintenance matter?

We would not say child maintenance matters are simple. Very few, if any, legal matters are simple. But anyone can learn. However, if you are guided by the principle that the maintenance amount payable is based on what the child costs, you are getting somewhere. That is your starting point and stay focused on that. Not what the parents earn or what they own. That is secondary. It does not mean that if a parent earns R 50 000 – 00 a month, that they should pay R 10 000 – 00 a month, despite the child costing R 1 000 – 00 a month. At best, the most the parent would pay is R 1 000 – 00. It would help if you worked from the ground up.

You need to focus on two words, “reasonable”, and “necessary.”

The child’s expenses must be reasonable and necessary for you to convince a Court to allow those expenses. In other words, force a parent to contribute towards it. In determining what is reasonable and necessary, one would look at what the child needs for daily living and whether that falls within the standard of living of the parents and the child. For example, if the parents are modest salary earners, living in humble homes, and were brought up in the same way, then that would be what the minor child would be entitled to when calculating child maintenance. If the parents never had ponies as pets, then a pony would not amount to a reasonable and necessary expense for the minor child. However, it is up to you to explain to the court why an expense is “reasonable” and “necessary”. If you can do so for a pony, then you did a good job.

Look at the means or money available in the maintenance equation

The principle one must move towards is that parents have to contribute towards the minor child based on their means. Remember, their contribution is firstly based on what the child costs and not what the earnings and wealth of the parents are. Then we need to look at what the parents can afford. Now affordability is not only based on your income, but also on your assets. If a parent does not have an income but owns expensive assets, then that has to be taken into account. Think of it this way – a parent can convert that asset into money by selling the asset.

Remember, parents have to live as well (They also have expenses)

It is not that simple just to take the gross or net salary of the parent and then work out the maintenance payable from there, based on the needs of the child. If that was the case, then maintenance matters would be resolved much quicker. Parents have expenses that need to be factored into the equation. Hold that in mind all the time because that principle applies to you. Therefore, in order for a parent to earn a salary to pay child support, he or she needs to eat at work, buy clothes for work, travel to work and so on. Circumstances need to be assessed on what they are and not what one hopes them to be. If the parents cannot afford for the child to be enrolled at a specific school, then that is what one must accept and be happy with a less expensive school for your child.

Analyse the situation from all angles

Once you have analysed the situation, take stock of the fact that all factors need to be looked at. You need to focus on what is reasonable. Reasonability applies to all aspects of the child maintenance equation. This includes the reasonable needs of the minor child, considering the income and means of the parents. When focusing on the child, determine whether or not his or her expenses are reasonable considering the standard of living and your position in life. Does the child need everything, or are there some items that you now require seeing that the child is older or circumstances have changed?

Are the parents spending reasonably?

Look at your situation and that of the other parent as well. Is it reasonable for him or her to spend R 2000 – 00 on fuel to go to work when he or she can take public transport? This is so even though this parent earns R 6000 – 00 a month. This must be considered in conjunction with what the needs of the child are. If the parent says he or she cannot afford to pay half the school fees, which is a reasonable amount, then one needs to question whether under the circumstances using up a third of your income for fuel is reasonable, where after you are unable to pay towards your child’s school fees.

Create arguments to support your point of view

Remember, you need to convince the maintenance court that what you are requesting as child support is reasonable. Reasonable based on the facts before the court or at hand, and not what one party wishes it to be. And those facts are also your income, expenses, as well as that of the other parent. Let us not forget the standard of living. This is important as we all want what is best for our children. However, not all families can afford to send their children to the most expensive schools. For many, it is not sustainable. On the other hand, parents should contribute toward their minor children, which is fair and reasonable. What is fair and reasonable is determined based on the information and facts at hand. Furthermore, what is fair and reasonable for one family will definitely not be fair and reasonable for another family. This is so despite both families having the same number of children and ages. All families and children are unique. In conclusion, if you understand the above general principles, you would find it easier to deal with and handle your child maintenance case. You will focus on what is necessary in order to be successful. Good luck with your maintenance matter.  

Posted on by Telelaw

ABC Steps to Appealing to the Constitutional Court of South Africa

If you are unhappy with a Court’s decision, you have a right to take the decision on appeal. Section 2 of the Constitution of the Republic of South Africa (Act 108 of 1996)  states: This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled. Therefore, any act of parliament (e.g. Legislation) or decision of the government must be in conformity with the rights and obligations entrenched in our Constitution. In South Africa, we have the Constitutional Court. This is stated in Section 166 of our Constitution. Section 167 of the Constitution, with its subsections, states the following:
  1. The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.
  2. A matter before the Constitutional Court must be heard by at least eight judges.
  3. The Constitutional Court ­
  4. is the highest court of the Republic; and
  5. may decide
  6. constitutional matters; and
  7. any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court; and
  8. makes the final decision whether a matter is within its jurisdiction. 
  9. Only the Constitutional Court may ­
  10. decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state;
  11. decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121;
  12. decide applications envisaged in section 80 or 122;
  13. decide on the constitutionality of any amendment to the Constitution;
  14. decide that Parliament or the President has failed to fulfil a constitutional obligation; or
  15. certify a provincial constitution in terms of section 144. 
  16. The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court if South Afirca, or a court of similar status, before that order has any force.
  17. National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court ­
  18. to bring a matter directly to the Constitutional Court; or
  19. to appeal directly to the Constitutional Court from any other court. 
  20. A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.
Therefore, if you want to challenge a court’s decision on a Constitutional basis, the highest court you can go to is the Constitutional Court.

How do I take a matter to the Constitutional Court?

The Constitutional Court has its own rules. Therein, you would find the procedure to follow when bringing a matter to the Constitutional Court. Constitutional Court Rule 19 deals with Appeals. It states the following:
  1. Appeals
(1) The procedure set out in this rule shall be followed in an application for leave to appeal to the Court where a decision on a constitutional matter, other than an order of constitutional invalidity under section 172(2)(a) of the Constitution, has been given by any court including the Supreme Court of Appeal, and irrespective of whether the President has refused leave or special leave to appeal. (2) A litigant who is aggrieved by the decision of a court and who wishes to appeal against it directly to the Court on a constitutional matter shall, within 15 days of the order against which the appeal is sought to be brought and after giving notice to the other party or parties concerned, lodge with the Registrar an application for leave to appeal: Provided that where the President has refused leave to appeal the period prescribed in this rule shall run from the date of the order refusing leave. (3) An application referred to in subrule (2) shall be signed by the applicant or his or her legal representative and shall contain— (a) the decision against which the appeal is brought and the grounds upon which such decision is disputed; (b) a statement setting out clearly and succinctly the constitutional matter raised in the decision; and any other issues including issues that are alleged to be connected with a decision on the constitutional matter; (c) such supplementary information or argument as the applicant considers necessary to bring to the attention of the Court; and (d) a statement indicating whether the applicant has applied or intends to apply for leave or special leave to appeal to any other court, and if so— (i) which court; (ii) whether such application is conditional upon the application to the Court being refused; and (iii) the outcome of such application, if known at the time of the application to the Court. (4) (a) Within 10 days from the date upon which an application referred to in subrule (2) is lodged, the respondent or respondents may respond thereto in writing, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such opposition. (b) The response shall be signed by the respondent or respondents or his or her or their legal representative. (5) (a) A respondent or respondents wishing to lodge a cross-appeal to the Court on a constitutional matter shall, within 10 days from the date upon which an application in subrule (2) is lodged, lodge with the Registrar an application for leave to cross-appeal. (b) The provisions of these rules with regard to appeals shall apply, with necessary modifications, to cross-appeals. (6) (a) The Court shall decide whether or not to grant the appellant leave to appeal. (b) Applications for leave to appeal may be dealt with summarily, without receiving oral or written argument other than that contained in the application itself. (c) The Court may order that the application for leave to appeal be set down for argument and direct that the written argument of the parties deal not only with the question whether the application for leave to appeal should be granted, but also with the merits of the dispute. The provisions of rule 20 shall, with necessary modifications, apply to the procedure to be followed in such procedures. As you would note, you should first obtain leave to appeal. Once that has been granted, you can then go ahead with the next steps.

What is the procedure once leave to appeal has been granted?

Rule 20 of the Constitutional Court Rules deals with the Procedure on Appeal. It states:
  1. Procedure on appeal
(1) If leave to appeal is given in terms of rule 19, the appellant shall note and prosecute the appeal as follows— (a) The appellant shall prepare and lodge the appeal record with the Registrar within such time as may be fixed by the Chief Justice in directions. (b) Subject to the provisions of subrule (1)(c) below, the appeal record shall consist of the judgment of the court from which the appeal is noted, together with all the documentation lodged by the parties in that court and all the evidence which may have been led in the proceedings and which may be relevant to the issues that are to be determined. (c) (i) The parties shall endeavour to reach agreement on what should be included in the record and, in the absence of such agreement, the appellant shall apply to the Chief Justice for directions to be given in regard to the compilation of the record. (ii) Such application shall be made in writing and shall set out the nature of the dispute between the parties in regard to the compilation of the record and the reasons for the appellant’s contentions. (iii) The respondent may respond to the application within 10 days of being served with the application and shall set out the reasons for the respondent’s contentions. (iv) The Chief Justice may assign the application to one or more judges, who may deal with the matter on the papers or require the parties to appear before him or her or them on a specified day and at a specified time to debate the compilation of the record. (v) The judge or judges concerned shall give directions in regard to the compilation of the record, the time within which the record is to be lodged with the Registrar and any other matters which may be deemed by him or her or them to be necessary for the purpose of enabling the Court to deal with the appeal, which directions may include that the matter be referred back to the court a quo for the hearing of additional evidence specified in the directions, or that additional evidence be put before the Court by way of affidavit or otherwise for the purpose of the appeal. (2) (a) One of the copies of the record lodged with the Registrar shall be certified as correct by the Registrar of the court appealed from. (b) Copies of the record shall be clearly typed on stout A4-size paper, double-spaced in black record ink, on one side of the paper only. (c) Legible documents that were typed or printed in their original form such as cheques and the like shall not be retyped and clear photocopies on A4-size paper shall be provided instead. (d) The pages shall be numbered clearly and consecutively and every tenth line on each page shall be numbered and the pagination used in the court a quo shall be retained where possible. (e) Bulky records shall be divided into separate conveniently-sized volumes of approximately 100 pages each. The record shall be securely bound in book format to withstand constant use and shall be so bound that upon being used will lie open without manual or other restraint. (f) All records shall be securely bound in suitable covers disclosing the case number, names of the parties, the volume number and the numbers of the pages contained in that volume, the total number of volumes, the court a quo and the names of the attorneys of the parties. (g) The binding required by this rule shall be sufficiently secure to ensure the stability of the papers contained within the volume; and where the record consists of more than one volume, the number of each volume and the number of the pages contained in a volume shall appear on the upper third of the spine of the volume. (h) Where documents are lodged with the Registrar, and such documents are recorded on a computer disk, the party lodging the document shall where possible also make available to the Registrar a disk containing the file in which the document is contained, or transmit an electronic copy of the document concerned by e-mail in a format determined by the Registrar which is compatible with software that is used by the Court at the time of lodgement, to the Registrar at: [email protected]: Provided that the transmission of such copy shall not relieve the party concerned from the obligation under rule 1(3) to lodge the prescribed number of hard copies of the documents so lodged. (i) If a disk is made available to the Registrar the file will be copied and the disk will be returned to the party concerned. Where a disk or an electronic copy of a document other than a record is provided, the party need lodge only 13 copies of the document concerned with the Registrar. (3) If a record has been lodged in accordance with the provisions of paragraphs (b) and (c) of subrule (1), the Registrar shall cause a notice to be given to the parties to the appeal requiring— (a) the appellant to lodge with the Registrar written argument in support of the appeal within a period determined by the Chief Justice and specified in such notice; and (b) the respondent to lodge with the Registrar written argument in reply to the appellant’s argument by a specified date determined by the Chief Justice, which shall be subsequent to the date on which the appellant’s argument was served on the respondent. (4) The appellant may lodge with the Registrar written argument in answer to the respondent’s argument within 10 days from the date on which the respondent’s argument was served on the appellant. (5) The Chief Justice may decide whether the appeal shall be dealt with on the basis of written arguments only. (6) Subject to the provisions of subrule (5), the Chief Justice shall determine the date on which oral argument will be heard, and the Registrar shall within five days of such determination notify all parties to the appeal of the date of the hearing by registered post or facsimile.

What are the Steps in Summary:

  1. Within 15 days of the Order you are appealing against, lodged you Application for leave to appeal [Rule 19(2)]
  2. Within 10 days, the Respondent is to file its Notice to Oppose the appeal and the grounds for the opposition [Rule 19(4)(a)]
  3. The Constitutional Court would then decide whether or not to grant the leave to Appeal [Rule 19(6)(a)]
  4. If leave to appeal is granted, the appellant shall prepare and lodge the appeal record with the Registrar [Rule 20(1)(a)]
  5. The Chief Justice may decide whether the appeal shall be dealt with based on written arguments only [Rule 20(5)]
  6. The matter would be argued on the date provided by the Constitutional Court.

Best of luck with your appeal.

Posted on by Telelaw

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