What are the requirements for legal professional privilege in South Africa?
Asked by: Miss Aryanna Wilkinson Sr. | Last update: January 11, 2026Score: 4.3/5 (44 votes)
Legal professional privilege (or, simply, “privilege”) may be invoked if the communication or document in question was (i) made to a legal adviser (ii) acting in a professional capacity, (iii) in confidence, (iv) for the purpose of pending litigation or for the purpose of obtaining professional advice.
What are the requirements to be admitted as an attorney in South Africa?
The basic requirement is an LLB degree from any South African university. Having achieved this, the next step is to apply to the High Court to be included on the 'roll' of advocates. To do this, an applicant must satisfy the court that he/she is both qualified and able to be a member of the profession.
What is privilege in South Africa?
Privilege is a legal right which allows persons to resist compulsory disclosure of documents and information. The fact that a document is sensitive or confidential is not a bar to disclosure, although privileged documents must be confidential.
How to become a legal advisor in South Africa?
To become this legal professional, you typically need to earn a Bachelor of Laws (LLB) degree, complete Practical Legal Training (PLT), and be admitted as an attorney or advocate.
What are the requirements to open a law firm in South Africa?
In summary, before an attorney can do so, he or she must: 1) Be admitted as such by the High Court. 2) Be enrolled to practise by the South African Legal Practice Council (LPC). 3) Operate a trust account. 4) Be in possession of a Fidelity Fund certificate.
Legal Professional Privilege Part 1
Can a foreigner work as a lawyer in South Africa?
A person must be a South African citizen or permanent resident and be otherwise fit and proper in the opinion of the court to be admitted as a legal practitioner. For further information, please contact the Legal Practice Council.
Can you open a law firm without being a lawyer?
Outside of a few exceptions, the general rule in the U.S. is that only licensed attorneys can own law firms. Exceptions exist, such as in Washington, D.C., where non-lawyers can hold minority stakes, with more states slowly considering or adopting similar reforms.
What type of lawyer is most in demand in South Africa?
What types of lawyers are in high demand in South Africa? High demand exists for lawyers in corporate, criminal, human rights, environmental, and intellectual property law.
Can you be a legal advisor without being a lawyer?
Broadly speaking, a legal consultant is any professional who provides information or advice in matters of or related to the law. Legal consultancy is a wide-ranging field that includes lawyers, but a law degree isn't always necessary to work in the field.
How much do legal advisors earn in South Africa?
On average, legal advisers in South Africa earn R554,623 per annum as of December 2024, according to Talent.com. This means that the Legal Adviser salary per month is R46,219, which is more than double the national average.
What is legal professional privilege in South Africa?
Legal professional privilege (or, simply, “privilege”) may be invoked if the communication or document in question was (i) made to a legal adviser (ii) acting in a professional capacity, (iii) in confidence, (iv) for the purpose of pending litigation or for the purpose of obtaining professional advice.
What are the two types of privilege in law?
Per 502(g): (1) "attorney-client privilege" means the protection that applicable law provides for confidential attorney-client communications; and (2) "work-product protection" means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation ...
What is the Diplomatic Immunities and privileges Act South Africa?
To make provision regarding the immunities and privileges of diplomatic missions and consular posts and their members, of heads of states, special envoys and certain representatives, of the United Nations, and its specialised agencies, and other international organisations and of certain other persons; to make ...
What qualifications do I need to be an advocate in South Africa?
- To become an advocate you must be admitted to the Roll of Advocates, a statutory register kept by the official of the High Court.
- You must apply to the High Court, on affidavit, stating that you are honest, have not committed any criminal offenses, have an LLB degree and are fit and proper to be an advocate.
How to become a notary in South Africa?
To become a notary public, you must be an admitted attorney who has passed specialised notarial examinations conducted by the Legal Practice Council. You must also be over the age of 18 and a permanent resident or citizen of South Africa.
How to work in law without being a lawyer?
- Jobs in Law That Aren't "Attorney"
- Claims Adjusters.
- Compliance Officer.
- Contract Administrator.
- Court Reporter.
- Electronic Discovery Specialist.
- Human Resource Manager.
- Jury Consultant.
How to become a legal consultant in South Africa?
Qualifications: B Com LLB / LLB from a leading South African University. A post graduate qualification in South African taxation would be advantageous. Years' Experience: Admitted attorney or proven experience in a commercial law or similar environment. Computer skills: Computer literate.
What is the average salary of a lawyer in South Africa?
Find out what the average Lawyer salary is
How much does a Lawyer make in South Africa? The average lawyer salary in South Africa is R 360 000 per year or R 185 per hour. Entry-level positions start at R 156 000 per year, while most experienced workers make up to R 2 352 000 per year.
Is a legal advisor the same as an attorney?
A legal advisor is essentially a lawyer who provides legal advice to a large company or organization. They could be called “in-house lawyers”, “in-house counsel” or “in-house counsel”. A legal advisor usually specializes in a specific area of law.
What is the highest paid lawyer in SA?
What are the highest paying fields of law in South Africa? The highest paying fields of law in South Africa typically include corporate law, intellectual property law, and mergers and acquisitions.
Is there a shortage of lawyers in South Africa?
The paper concludes that there are not enough lawyers in the country at present to provide access to justice in the narrow sense, and suggests how this shortage can be overcome by using mechanisms that provide alternatives to lawyers.
What is a lawyer called in South Africa?
In different regions around the world, licenced legal professionals are called by different names. In South Africa, we refer to someone who performs a legal function as lawyers or attorneys (which can be used interchangeably).
How much money do I need to start my own law firm?
Those costs can vary greatly depending on what type of law you will practice, where you live, and whether you are a true solo attorney or plan on having staff right away. That figure can range from basic start-up costs of $1500 all the way to $50,000 and beyond.
What is the highest paid lawyer?
- Patent attorney: $180,000.
- Intellectual property (IP) attorney: $162,000.
- Trial lawyer: $134,000.
- Tax attorney: $122,000.
- Corporate lawyer: $115,000.
- Medical lawyer: $113,000.
- Real estate lawyer: $98,000.
- Family lawyer: $93,000.
Can a non-lawyer run a law firm?
Let's talk about Rule 5.4 from the American Bar Association's rules of professional conduct. Rule 5.4 prohibits non-lawyer ownership of law firms and fee-sharing by lawyers with non-lawyers. It essentially says that non-lawyers cannot own law firms. They must be owned by lawyers.