Advancing and safeguarding the integrity of the legal profession in Higher Education Institutions was the focus of a lecture delivered by Legal Services Ombud, Justice Sirajudien Desai.
Facilitated by Ms Salina Govindsamy, lecturer and Director of External Liaison for the School of Law, the lecture aimed to address the role and function of the Legal Practice Council, the challenges confronted by the legal profession and the importance of fostering ethical responsibility among students.
Highlighting the main objectives of the Legal Practice Council, Desai said, ‘As determined by Section 5 of the Legal Practice Act, the aim is to facilitate the realisation of the goal of a transformed and restructured legal profession that is accountable, efficient and independent, and to promote access to justice. The council also determines, enhances and maintains the appropriate standard of professional practice and ethical conduct among legal practitioners and candidates.’
Identifying a significant challenge within the legal profession, Desai emphasised the perceived lack of ethics. Drawing on his 25 years of experience as a judge, he noted that some legal practitioners have found it difficult to maintain professional integrity and ethics. To address such challenges in professional institutions, Desai said the Legal Practice Act makes provision for a legal services ombudsman to be established.
‘The Ombud is expected to protect and promote the interests of the third party (public interest) in relation to the rendering of legal services. The office is called on to ensure there is no legal breach between the parties, promote efficiency and fairness within the legal institution and protect its ethical values,’ he said.
He highlighted the importance of developing a strong ethical foundation and ethical responsibility in students that will accompany them throughout their legal careers.
‘Universities should foster an understanding of ethics, which should not only be taught but be enforced in all aspects of the legal profession,’ said Desai.
Discussing the need to incorporate ethics in law programmes for well-rounded legal practitioners and candidate attorneys, Associate Professor and Academic Leader for Business Law, Professor Willene Holness said there are advancements made to include ethics in their programme.
‘We offer public interest electives such as Clinical Law and Street Law and also have a new module called Access to Justice that covers ethics in the practice of law,’ she said.
Word: Samukelisiwe Cele
Photograph: Supplied