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Published: June 29th 2007
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Judge Shylie
You're guilty! Me playing judge in the High Court of Cape Town So I know up until now, my blog has largely talked about the culture and landscape of the places I’ve traveled. However, it is important for us all to remember that I am in Cape Town on a study abroad program, to learn all about South African law. Today, I had the opportunity to shadow an attorney with the second largest law firm in Cape Town and find out what it’s like to work in the legal profession down here.
Another girl from my program, Maura, and I left our house this morning and arrived at the law firm, which is located on the top floor of one of the tallest buildings in the CBD of Cape Town. After making it through security (which was mildly harrowing), we arrived, and were greeted by our attorney, named Ross. Ross showed us around the firm briefly, then sat us down and talked to us about the differences in legal practice and told us a little bit about what he does. He is in the litigation department at this firm, and later, we found out that he is one of the top litigators in the country, actually. He told us a little
Defendant's Stand
Adam explaining something about the court system, with a good view of the cage that the accused basically comes out of from the holding cells beneath the ground. about some of the cases he was working on (some were real estate/property matters, which made me excited), and asked us about our own career aspirations, etc.
The legal profession in S.A. is very different than in the States: here, you get your legal degree after four years in University, then you do two years of an internship, and then you are licensed to practice law. They also have a “split bar” system: attorneys do all the typical things you think of lawyers doing in the states, except they cannot appear in court. For court appearances, even if it’s simply to plead a motion in front of a judge, they have to contract with an advocate, whose entire job is to represent other people’s clients in courts. Advocates don’t even have their own clients. They basically get paid to talk a lot for other people’s research and work, from what I understand of the system. When clients are on trial, however, the attorneys go to court with the advocates and clients, and the attorneys usually will confer with and feed information to the advocates (who get to dress like penguins!). The courts were in recess today, so we didn’t
Magistrate's Court
This is the criminal division of the Cape Town Magistrate's Court. It was a beautiful day for prosecuting. actually get to see any court proceedings.
After about an hour with Ross, Ross turned us over to Adam, who is a candidate attorney (doing his internship) in the firm. Adam was really nice, very young and friendly, and he decided to basically take us on a walking tour of the High Court of Cape Town (which is sort of like the Federal District Court of South Africa), and through the criminal and civil magistrates courts of Cape Town (like state trial courts in the States). We got to go into the courtroom where this super notorious trial was concluded yesterday. The trial was basically about this woman who conspired with four other men to kill her boyfriend’s baby (with another woman). She was sentenced to life in prison (which actually is only 25 years without parole here). The courtroom was very grand, and had lots of interesting features, like the staircase to the defendant’s box that leads directly from the holding cells beneath it.
We also went into the holding cells in the criminal magistrate’s court, where there were real prisoners who heckled us. One prisoner heard us talking, and was very excited about the fact that
Holding Cell
Adam in the holding cell beneath the criminal Magistrate's Court. It was pretty gruesome down there. we were Americans, and seemed pleased that we had come to “visit him.” The prisoners here are not given uniforms, and are allowed to wear their own clothes and carry all their own possessions (including knives) into the cells with them until they are actually convicted. They had cells that housed children as young as six years old, who Adam explained to us are actually the most dangerous criminals on the streets in South Africa, because their parents pump them full of drugs and they don’t really know right from wrong at that age. It was a very enlightening experience, to be certain.
Adam loved to tell everybody that we were “the Americans”, and I started to really feel like a zoo animal. Everywhere we went, everybody wanted to know where in America we were from, what we thought of the war in Iraq and of George Bush, and what we were doing in Cape Town. I guess I’m so used to Israel, where every other person has an American accent, and in Cape Town, us Americans are slightly more exotic. It’s very funny to hear people try and imitate our accents…I never thought anybody would want to! Adam
Judgment is Final!
So I think I could make a pretty fierce judge.... loved to use the word “hectic”, to describe everything, and everyone. He also told us that he thought that Americans were too uptight and took everything too seriously. Then he invited us to his house for a “braai” (barbecue) on Sunday afternoon. I think we’re definitely going to go…it’ll be a very educational and cultural experience!
It was a long day…and I have an exam tomorrow. But seriously, if I can figure out a way to be an attorney (or advocate!) in South Africa, I’d be tempted…
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mommy
non-member comment
born to preside
you look like a natural on the bench, Judge Roberts and Judge Alito better watch out. Good luck on your exam! Love Mommy