Albert Marais: Bringing a proper understanding of the practical functioning of South Africa’s legal system
“At AAMA we have written a short piece titled ‘So you want to become an attorney?’ detailing the many requirements that have to be met before one can be admitted. Interns and candidate attorneys are often shocked when shown this. No one has ever told them what it really takes to become a legal practitioner. If only we could find a way to get this message out to law students,” says Albert. Apart from misconceptions about the legal profession that need rectifying, he believes legal practitioners have to work towards changing the negative perception the public have of them. According to Albert, a few bad legal apples have ruined it for the vast majority who are honourable, hard- working contributors and legal professionals in the true sense of the word. “The perpetrators have to be prosecuted, and the public educated. A sensible, responsible and accountable press
His wishes are to bring a proper understanding of the practical functioning of South Africa’s legal system to as many people as possible, the younger the better, says Sandton attorney, Albert Marais. South Africa has an advanced, fair and logical legal system. “Compared to us, the United States of America has a truly backward legal system. They are only now starting to grapple with legal issues such as the doctrine of common purpose, which we figured out a long time ago. However, people do not know that, because their only exposure to the law is, you guessed it, American television shows.” The problem, says Albert, is that these American television programmes give young people a completely inaccurate view of what legal practitioners get paid. There seems to be this belief that once you have completed an LLB, you simply walk into a law firm and immediately get a corner office, an expense account, and unlimited use of the firm’s business jet. This could not be further from the truth. Albert, who established his firm Albert A. Marais Attorneys (AAMA) in 2014, has another example to illustrate his point. “Think of your typical TV lawyer with a difficult case. After 72 straight hours awake due to fornication, substance abuse
and introspection, they stumble into court and utter the ten magic words: “Your Honour, the Constitution gives my client the right to…” and win an unwinnable case because, somehow, not a single person in that courtroom, including the highly qualified opponents who spent months researching and preparing, could ever have imagined the Constitution could apply to the facts of the case. “Sadly, people believe this nonsense simply because they are never exposed to the truth about practising law.” Many attorneys and advocates in South Africa struggle to make ends meet, he says. “Wealthy legal practitioners are the exception rather than the rule, and mostly come from wealthy families. They would have been wealthy anyway, irrespective of their choice of career.”
Attorney Alber t Alexander Marais has a mouthful for youngsters dreaming of an LLB and a glamorous life of luxury.
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