Know your legal procedures
There are many people in search for legal assistance around the country. Court procedures are very complicated, it does not matter how educated you are. When you appear in court, it is important to get legal advice. Lawyers can advise and represent you in court. There are four types of lawyers:
1. Attorneys
An attorney can represent you in the Magistrate's Court as well as in a High Court if he/she has been practicing for about 5 years.
2. Advocates
You do not deal with the advocate directly as an individual. However, if you really need an advocate then your attorney will accompany you. Generally advocates only work with difficult cases.
Nonetheless, you can go directly to an advocate. But the advocate should be a member of an independent advocates association to do the work of an attorney for you. However, consulting advocates is not recommended as there is no control or record over the fees they charge. As you might not be financially prepared for their invoice
3. Conveyance
A conveyancer is a lawyer who has passed a special examination in conveyancing. A conveyancer deals with the transfer of land or buildings, and the registration of mortgage bonds.
4. Notary public
Notary public is a lawyer who has passed a special notaries examination. The work of a notary public is to draw up certain legal documents, like marriage contracts or other documents called notarial deeds or bonds.
As the citizen of a democratic country it is necessary to get the information on your rights and the law proceedings. The main problem is that many people are drowning in debt problems. Given the difficult times lately that if they had to pay for attorney's consultation fees just to get one or two general questions answered it may just make their financial problems worse. However, if you can't afford to hire a lawyer or pay court fees, here are your options for seeking legal aid and advice:
1. Legal aid
In order to qualify for legal aid, you must pass a 'means test'. To pass a means test you have to show that you earn less than an amount set by the Legal Aid Board. This amount varies if you are single or married and also changes with time. You also have to show that you don't have any other 'liquid assets', such as money in a savings account, which can be used to pay for your legal fees. You can also only get legal aid for certain types of cases. For more details on legal aid, click here:
If you qualify for Legal Aid, then the Legal Aid Board will pay most of your lawyer's fees. But you must bear in mind that you cannot get Legal Aid for the following:
- Traffic offence, including drinking and driving, speeding or parking offences
- Criminal cases where you plead 'guilty'
- For commercial crime charges such as fraud.
- On a case where you have failed to pay a debt in installments as ordered by the court.
- If you are suing the Legal Aid Board itself for malpractice
- cases to prove a person is the father of another person's child
- Child maintenance cases
- Divorce - if you have received Legal Aid before
- Theft
- Possession of drugs
- Domestic violence
- Where you are suing for money (damages) for relationship-related claims such as defamation, breach of promise to marry, infringement of dignity or privacy, seduction, adultery, and alienation of affection (where you want to sue someone who has caused the person to whom you were engaged to break off the engagement).
Thus, if your case is very complicated, then even if it is one of these listed examples, you can still apply for Legal Aid. The Director of Legal Aid will review your case and make a decision if you can have Legal Aid, or not. For more info, click here:
2. Free legal advice
For free legal advice, you can only simply go online. The Internet is one of the most useful resources making information freely available to anybody that has access and getting online free legal advice may just be the answer you are searching for. For free online legal advice, click here.
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Page Updated: 13 May 2010
