This Blog is written by Lindiwe Nchonyane, a Second Year Law Student of University of Johannesburg

Introduction

In today’s legal landscape, aspiring legal practitioners come across many challenges limiting their entry into the profession. Language proficiency and mobility requirements are major barriers to these challenges. It looks like budding lawyers will have to learn an additional language to enter their career doors since opening the career door with qualifications seems not enough, but it can’t be worse than required to have “own car” as a person who has freshly graduated and does not even know what a payslip for a candidate attorney looks like, how is one expected to have a car when they have not even received their first salary yet? This blog delves into how these factors impact not only the journey of potential lawyers but also the legal industry’s search for diverse talent. By examining the nuances of language and mobility, the aim is to shed light on the pathways available for overcoming these barriers and achieving success in the legal field.

Language Proficiency

Language proficiency is the ability to read, write, understand, and communicate in a certain language at a level sufficient for effective communication, in the legal field, language proficiency is essential for interpreting legal documents, communicating with clients, and navigating courtroom proceedings.[1] South Africa has 12 official languages, however today, most of the Law firms in South Africa have a language proficiency requirement of Afrikaans and English. English is a common language in the country and globally, however, I cannot say the same with Afrikaans. The exposure to the Afrikaans language is limited too much that it should not be considered as a language requirement for the appointment of Candidate Attorney.

“Candidate attorneys with no experience in languages other than English will not be able to meet this requirement. Many legal practices have mainly Afrikaans clientele who need documents such as business contracts, agreements, marriage contracts, last wills, and estate planning. These documents must be discussed and delivered in Afrikaans.”[2]

This requirement limits individuals of indigenous languages. In the context of the legal industry, law firms will not get the chance to see the skills that other candidates possess due to a lack of language proficiency in Afrikaans. For many, the ability to communicate in a language that they have never been exposed to is overwhelming, let alone meeting the requirements to be appointed as Candidate Attorney. Imagine being thrust into a profession that mandates fluency in a legal language you’ve never encountered, with the expectation that you’ll communicate effectively with clients, colleagues, and courts. This challenge is not merely about learning vocabulary, it involves grasping complex legal concepts and nuances that are critical for effective practice. The pressure to become proficient quickly can be immense, particularly when the stakes are high.[3]

Mobility

Law firms need to consider the reality that fresh graduates cannot be expected much, especially the requirement of mobility.[4] The candidate may have excelled academically but they are now transitioning, stepping into the professional world. This means that financially they do not have much and some come from disadvantaged backgrounds to even afford a car while still studying. Considering that internships and programs available are leaning more towards providing adequate experience and skills are not paid positions, the mobility requirement continues to be a disadvantage and places a financial strain on new graduates.

Overcoming Barriers

South African law firms could rethink hiring practices that make mobility and language fluency prerequisites for aspiring lawyers.[5] They could consider focusing on core competencies such as analytical thinking and the ability to solve problems, this would be an advantage for the legal industry’s diverse search for talent. These new hires can further help new graduates negotiate the legal landscape better than most, Working with academia and rewriting job advertisements without any unneeded requirements can change the course of a future law firm, one that appreciates diverse perspectives and experiences. Law firms could offer support networks that fill these voids. Mentorship programs, language training, and lowered barriers would all help to ensure that talented people are not disqualified by obstacles that can, with a little help, be traversed.

Conclusion

In conclusion, language proficiency and mobility requirements present significant barriers for aspiring legal practitioners in South Africa. While language skills are essential, the emphasis on Afrikaans can exclude capable candidates from diverse backgrounds. Additionally, the mobility requirement places undue financial strain on new graduates, particularly those from disadvantaged circumstances. To promote inclusivity, law firms should reassess their hiring practices by focusing on core competencies such as critical thinking and problem-solving. Implementing support systems like mentorship programs and language training can help candidates overcome these obstacles. By fostering a more equitable environment, the legal profession can benefit from diverse talent, ultimately strengthening the industry and better serving the community.

References:

1. Bongani Nkosi ‘Law firms barred from wanting prospective candidate attorneys to have a car or licence’ 2021 https://www.iol.co.za/the-star/news/law-firms-barred-from-wanting-prospective-candidate-attorneys-to-have-a-car-or-licence-96bdf26a-82fe-44c6-a373-239ff0ad6d08 accessed 05 October 2024.

2.De Rebus ‘Challenges and opportunities for the legal profession’ 2020 https://www.derebus.org.za/challenges-and-opportunities-for-the-legal-profession/ accessed 04 October 2024.

3. Language Testing International ‘Understanding Language Proficiency’

https://www.languagetesting.com/lti-information/understanding-proficiency

accessed 02 October 2024.

4. Language media statements ‘AfriForum: Afrikaans essential as a requirement in appointing candidate attorneys’ (2020) Afriforum https://artikels.afriforum.co.za/en/afriforum-afrikaans-essential-as-requirement-in-appointing-candidate-attorneys/ accessed 03 October 2024.

[1] Language Testing International ‘Understanding Language Proficiency’

https://www.languagetesting.com/lti-information/understanding-proficiencyaccessed 02 October 2024.

[2] Language media statements ‘AfriForum: Afrikaans essential as requirement in appointing candidate attorneys’ (2020) Afriforum https://artikels.afriforum.co.za/en/afriforum-afrikaans-essential-as-requirement-in-appointing-candidate-attorneys/ accessed 03 October 2024

[3] See n2.

[4] Bongani Nkosi ‘Law firms barred from wanting prospective candidate attorneys to have a car or licence’ 2021 https://www.iol.co.za/the-star/news/law-firms-barred-from-wanting-prospective-candidate-attorneys-to-have-a-car-or-licence-96bdf26a-82fe-44c6-a373-239ff0ad6d08 accessed 05 October 2024.

[5] De Rebus ‘Challenges and opportunities for the legal profession’ 2020 https://www.derebus.org.za/challenges-and-opportunities-for-the-legal-profession/ accessed 04 October 2024.