Legal practitioners face ruin in lockdown

• Many smaller firms have lost chunks of income and are struggling to pay salaries as court functions are curtailed and financial relief is not forthcoming

SA’s legal practitioners, especially those in small firms in rural areas with sparse access to justice, face financial collapse amid the strict coronavirus lockdown regulations, with more than half having lost significant income, according to a survey.

With criticism around the legality and constitutionality of the lockdown, and its effect on the economy, foreshadowing numerous court challenges, a recent survey found that 63% of 549 legal practitioners lost more than 60% of their income during April.

While the economy has come to a standstill, the functioning of the courts, which are critical for the functioning of a constitutional democracy, has been severely limited.

The survey, conducted on behalf of the Goldfields Circle of Attorneys, included attorneys, advocates and candidate attorneys and examined the effect the lockdown has had on their finances and ability to do their work.

In terms of salaries, 24.4% of law firms were unable to pay any staff salaries, while 40.3% could partially pay, and only 35.3% could pay full salaries of all employees.

Civil cases were especially affected, the survey found.

Martus de Wet, co-chair of the Goldfields Circle of Attorneys, said not included in the survey is that the effect after the state of disaster was declared in March was almost immediate.

“March was a bad month, April was catastrophic and we need to see what happens in May,” he said.

Also of concern is that 84.5% of the attorneys and advocates surveyed said the lockdown regulations severely affected legal services to the public.

The Law Society of SA’s president, Mvuzo Notyesi, told Business Day there is a high possibility many lawyers, especially those running small firms, will be closing their doors.

He said lawyers had been effectively left out in the cold in terms of financial relief during the lockdown.

“The huge effect is on the small firms, in particular firms in rural areas, where access to justice is most needed,” he said.

ROAD ACCIDENT FUND

He described the lockdown as it relates to the legal fraternity as “a mess”, raising concerns about the differences in the way courts are functioning across the country, with the lack of access to courts a big frustration for lawyers. He also raised concerns about the Road Accident Fund (RAF) not being classified as essential during the lockdown, as claims made to the RAF have a prescription period.

Craig Watt-Pringle, chair of the General Council of the Bar (GCB), said while it is concerned for its members, the concern also extends to the public, which has less access to the courts as a result of the lockdown.

He said the lockdown had hit the advocates profession “very hard”. He said while there were people still fortunate enough to be working during the lockdown, this is not the vast majority of members. He emphasised that the GCB had not done a census on the matter, and the information was thus anecdotal.

Watt-Pringle said it was frustrating that there was no consistency under the different divisions of the courts, as some courts were more accommodating of the use of technology, while others took a more conservative approach.

“The result is that a substantial number of practitioners are out of work and out of income,” he said. As well as the effect on the members the GCB represents, he said the lack of access to courts was “highly prejudicial” to the public.

When the issue of relief for lawyers was raised during a webinar with deputy minister of justice John Jeffery on Monday, Jeffery said it was something the department had to put more energy into, adding, “I agree it is urgent.”