- The judgment confirms that legal consultancy does not automatically amount to unlawful legal practice.
- Law graduates, paralegals and legal consultants may lawfully charge professional fees for consultancy services.
- The ruling recognises the important contribution legal consultants make to improving access to legal services.
The judgment in Damons NO and another v Bezuidenhout provides significant judicial guidance on the lawful scope of legal consultancy in South Africa.
The High Court held that a law graduate or legal consultant who does not hold themselves out as an admitted legal practitioner may lawfully provide legal consultancy services and charge professional fees under a legitimate commercial arrangement.
The drafting of legal documents, legal research, legal opinions, contract drafting and legal advisory services does not, in itself, constitute unlawful legal practice.
Constitutional and legislative framework
This position is consistent with Section 22 of the Constitution of the Republic of South Africa, 1996, which guarantees the freedom to choose a trade, occupation or profession, subject to regulation by law, and Section 33 of the Legal Practice Act 28 of 2014, which prohibits only the unauthorised performance of functions reserved exclusively for admitted legal practitioners.
Accordingly, law graduates, paralegals and legal consultants may lawfully conduct legal research, prepare and draft legal documents, draft contracts, provide legal consultancy and advisory services, and charge reasonable professional fees for such services, provided they do not misrepresent themselves as attorneys or advocates and do not perform functions exclusively reserved by the Legal Practice Act.
A welcome affirmation
This judgment is a welcome affirmation that legal knowledge has value beyond admission and that law graduates and legal consultants play a legitimate and meaningful role in improving access to legal services, provided they operate within the framework of the law.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
