Concerns over ethical standards in South Africa's legal profession
Law report expert Louis Podbielski has raised concerns over some trends he has noticed while studying judgments, regarding the state of South Africa's judiciary.
Image: Supplied
Experienced law reports editor Louis Podbielski has expressed his concerns regarding the deteriorating ethics in South African law, and he has called on the legal fraternity to uphold the highest standards of ethics.
“In South Africa in particular, the legal profession really is the last bastion against corruption and moral turpitude,” Podbielski said.
He has read case law for 18 years, and at Spartan Caselaw, which reports to the legal fraternity on the latest cases, he and his team read a lot of new cases every day. What he sees is deeply concerning.
“Recently, I've noticed an alarming increase in judges' comments regarding the lack of ethics, unprofessional conduct, and poor standards of litigation among some legal practitioners. I have become increasingly uneasy with the cases that cross my desk.”
Podbielski noted that the issue does not lie with the judges. “We have excellent judges and acting judges today. Instead, it is the quality of cases and arguments presented by practitioners that raises concerns.”
He commented that judges can only work with what is brought before them. If practitioners possess poor knowledge of the law, employ ineffective litigation tactics, and prepare shoddy pleadings, the resulting judgments will reflect these deficiencies.
“We are witnessing judges criticising practitioners for their tactics, lack of knowledge of the rules, and intentional disregard for practice directives. Furthermore, we see costs orders de bonis propriis (punitive) and referrals to the Legal Practice Council for investigations into practitioners’ conduct.”
Podbielski said many cases reveal that practitioners are not addressing their clients' core issues, instead engaging in trivial disputes that prolong cases and inflate fees. This behaviour is not in the clients' best interests.
In divorce cases, for instance, lawyers often exacerbate tensions, introducing unnecessary allegations and generating excessive paperwork.
Both parties' lawyers seem to benefit from this antagonism, creating more litigation and fees while neglecting the well-being of their clients and their children, he said.
He also voiced his concerns over troubling instances of unethical and fraudulent behaviour, particularly concerning Road Accident Fund (RAF) claims.
Some plaintiffs, injured in unrelated incidents, falsely claim road accidents, implicating their attorneys in this fraud.
“This raises serious ethical questions about the role of lawyers in such cases. Additionally, we see inflated loss of income claims, with some experts acting as hired guns to support exaggerated claims, undermining the integrity of the legal process.”
The situation is not limited to RAF claims, Podbielski said. “Consider a career criminal arrested under suspicious circumstances, whose trial fails to proceed due to systemic issues. He then approaches an attorney to claim damages for unlawful arrest, despite clear evidence of reasonable suspicion. This raises further ethical dilemmas within the legal profession.”
According to him, most lawyers are hardworking, dedicated, and professional, but a small percentage of bad actors tarnish the profession's reputation. “After 18 years of reading judgments, I can confidently say that misconduct and litigation quality have deteriorated in recent years. Younger practitioners often emulate their peers and seniors, perpetuating a cycle of unethical behaviour — akin to an ethical Covid-19 spreading through the profession.”
He said we need a solution before it becomes even more widespread. It's not just the unethical conduct, it's unprofessional and disrespectful conduct, and also, poor litigation tactics and poor knowledge of the rules and the law, and the latest judgments.
“It’s really cringeworthy when we read practitioners making submissions and arguments that clearly show they are not aware of the latest case law on point.”
Ignorance is not bliss, especially for legal practitioners, Podbielski said. He added that legal practitioners must uphold the highest standards of ethics, professionalism, and respect for clients and the court.
“We must address these issues before they become even more widespread, ensuring that the legal profession remains a noble calling dedicated to justice and integrity.”