briefing patterns

Skewed briefing patterns: a cause for reflection and action at an accelerated pace.

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Advocates staged an ‘unprecedented’ protest of skewed briefing patterns in South Africa’s legal fraternity. According to an article in ‘Business Day Live’, this is the first time advocates who weren’t representing litigants in a case have asked to address a court, on an issue which the court does not have to decide on .

Which generally reinforces the notion of ‘protest’ action, according to the article 115 Johannesburg Bar Council advocates signed a statement which was read out by Adv. Dali Mpofu, the purpose of the protest was to ‘hopefully spark the necessary debate on racism in our profession’ as per the signed statement. This follows a long history of debate surrounding racial inequity in the legal profession, and inadequate representation of historically disadvantaged lawyers in South Africa.

This particular protest was sparked by the lack of adequate representation in the ‘silicosis’ class action legal teams, which only comprised of 3 black counsel, 7 women and no woman senior counsel. This also centres around issues of gender inequality, hence the protest.

In response to the concerns raised by the protest statement, counsel in the ‘silicosis’ class action Jeremy Gauntlett SC indicated that these patterns were a “matter for reflection and action”.

The Black Lawyers Association (BLA) released a statement indicating their full and unequivocal support of the protest and the statement signed by the Johannesburg Council Bar advocates, stating

we believe that it is now high time that the briefing patterns within the legal profession should be addressed at an accelerated pace

It will be interesting to observe how this particular protest will feed, and advance the concerns of historically disadvantaged lawyers in South Africa, in the near future.

*Advocates stage unprecedented protest over skewed briefing patterns BY FRANNY RABKIN, 23 OCTOBER 2015, 16:09

Skewed Briefing Patterns

(Image source: Daily Maverick)