Upon learning of my admission in March of this year, many people – especially candidates who have been through the gruelling process of being wholly remoulded otherwise known as “articles of clerkship” – have asked me if it feels different to be an associate.
This question seems to me as common as someone wearing a cast might be asked how they landed in that particular trouble. Candidates wish to know if, all at once, you will suddenly know everything – comprehending perfectly what has come before and acquired mystical skills to allow you to master any coming obstacle. They simply wish to know if the struggle is over.
Alas, I regret to inform them that a preternatural calm does indeed not descend on attorneys once their oath before the High Court of South Africa has been so sworn. In fact, I would argue that practice becomes more and more challenging as you become embroiled in complicated matters and begin to find yourself in a position of responsibility to teach other candidates (with the gravity of your impact on them in mind at all time). However, with willingness to learn and work hard, although the matters might become harder, the tools you as an attorney will have at your disposal will become sharper.
Unfortunately, the adage of “work smarter, not harder” only has limited application to the legal profession. Yes, you can establish systems that support your work. You can make your file management efficient and use fancy functions of the printer to take some of the grunt work out of the day. But not even AI will – or ever should –[1] assist you with the substantive analysis of your matters. For as long as the legal profession remains relevant, legal professionals will need to grapple with crucial details, argue interpretations of ambiguous provisions and provide human oversight based on human experience.
My late grandmother kept a book of sayings which she found amusing and one of these was:
“Good judgment comes from experience. Experience comes from bad judgment.”
This entirely sums up the experience of any candidate. Many a mistake was made, as a candidate, which will never be made again. The learning curve in the beginning of articles is steep. Those few months are the most challenging of any attorney’s life, but usually the candidate will be all the stronger for it. As a dear friend, who was admitted earlier than I, once told me, don’t be too hard on yourself while you’re learning as most mistakes can be resolved – with the notable exception of prescription![2]
Practice differs vastly from what is studied. Even as an attorney, when taking on a matter in an unfamiliar field, there will be some uncertainties about the procedure and typical rulings of the court. The advice of an attorney seasoned in family law, for example, would probably differ from an attorney who had never practiced family law, as many considerations are not apparent from the legislation alone.
When doing vacation work as a student at a large firm, I had bluntly asked one of the directors, who had been in practice for around 30 years, whether you ever really know what you’re doing in this career. The few days observing the practice seemed equal part invigorating and frenetic. Due to the size of the firm, many unusual and difficult problems found their way to them, so there were seldom straightforward matters that could be parsed by even the most untried of attorneys. The director smiled kindly and told me that, alas, there was still always room for learning.
I am grateful to every person who provided me with advice during my articles, and to each person who lends an ear now. The professionals at my firm, the messengers and other candidates waiting in line at court, and the court staff, among others, all contributed to my growth and to sharpening my tools with which to spear the best outcome for my clients. To any aspiring attorneys, my advice is to seek all avenues of learning. You can learn anywhere and at any time. Learning needn’t be restricted to books, as much as I do love them. Learning from observing and from discourse are equally important.
And then as much as you receive assistance, remember to try to provide as much support to your juniors once you rise the ranks. The legal profession is a circular system of apprenticeship. The role of an attorney is not only to assist clients, but also to train the next generation of attorneys to uphold high standards and ethical principles. The profession, after all, is the vanguard of the development of societal standards and norms. The agreed upon set of legal principles and especially people’s confidence in them are, in large part, keeping us from devolving into a Lord of the Flies-esque anarchy. Don’t contribute to wavering confidence.
The truth is that this profession requires sacrifices. When matters are urgent, time with friends and family is sometimes sacrificed. Attorneys, from time to time, work inordinately early mornings, spectacularly late nights, during weekends, on public holidays and even through their own special occasions. Of course, it must be avoided working to the point of burnout, but attorneys tend to take pride in good work delivered and, inasmuch as the facts of the matter will allow, to deliver good outcomes for their clients.
So, to answer the question of those who have asked, becoming admitted and working as an admitted attorney feels right when it happens. All the exams, court postponements, granted orders, difficulties and joys slowly accumulate into a mass that is rolling down your career trajectory. Just as when your birthday passes and you know it’s right that you’re 28 but some time is needed for the fact to sink in. I hope to continue to earn the position. I hope to be able to improve my ability to serve my clients and to serve this noble profession. And I hope, when the time comes, to be able to guide many candidates along their own path, and to help them to preserve their love of the law.
- [1] See https://www.derebus.org.za/what-have-the-courts-said-about-the-ethical-use-of-artificial-intelligence-in-legal-practice/. AI cannot provide accurate legal advice and has, in many instances, across jurisdictions, fabricated case law which does not exist. Generative AI has been found to eat itself, or to consume its own outputs, which theoretically can lead to model collapse. Non-existent citations have been generated by AI, commonly known as AI hallucinations. See https://rlksolicitors.com/news-insights/alarming-rise-of-non-existent-cases-being-cited-in-court.
- [2] Prescription is a legal concept that extinguishes debts, in terms of the operation of the Prescription Act 68 of 1969. See my article explaining the concept at:
By Jade Rautenbach
Associate at Adriaans Attorneys
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes and should not be construed as legal advice.
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