Are all attorneys' snakes?
It is often said that many of the virtues which a lawyer should posses cannot be learnt or acquired but are inborn. It is also argued that most of these virtues can be worked upon and improved provided that they are at least latent by nature.

These virtues include amongst others; Honesty and trustworthiness: An attorney should maintain high standards of integrity and honesty and should avoid not only criminal conduct but also, misconduct and unprofessional conduct. Take for example this joke, "A new client had just come in to see a famous lawyer. Can you tell me how much you charge?" said the client. "Of course", the lawyer replied, "I charge
R25 000 to answer three questions!""Well that's a bit steep, isn't it?" "Yes it is", said the lawyer, "And what's your third question?" (Source: www.lawyer - jokes. Us) Credit can be granted to such a lawyer for having been honest with the client from the beginning, had he reminded the client on the commencement of ‘questioning charges'.

The attorney has an obligation to be honest to the client and in acting on their behalf. This goes hand in hand with an attorney's obligation of protecting the privacy of his/her client. As underlying this doctrine, is the notion that clients would not be able to trust professionals who violated the confidentiality of their communications. An example of a recent scandal that has been reported and to date remains the first in the history of the city of Pretoria that something of this nature has hit the Pretoria Bar.

‘10 advocates suspended' as reported in Pretoria News, 1 April 2010 - It has been reported that 10 top city advocates, including two silks are alleged to have been involved in a fees scandal which stands to bring the Pretoria Bar into disrepute. To date the 10 advocates were fined and have been suspended from the Bar for periods ranging between four and six months.

The issue pertains to the subsequent suspension and fine relates to double briefing and overreaching (socalled double-billing) in Road Accident Fund matters. While it is not a rule that advocates may not takeon more than one case a day, they may not take on too many cases at once, if it was to the potential detriment of their clients. Overreaching relates to the advocates asking higher fees than they should. The amount of the overreaching was not disclosed.

‘Top Advocate Seth Nthai suspended' as reported in Mail and Guardian Online, 27 January 2010 - Seth is accused of trying to solicit R5 million from opposing client in an international case over the expropriation of mining rights.

"Senior counsel Seth Nthai, vice-president of the General Council of the Bar (GCB), was allegedly caught out "conniving" with his opponents while representing the South African government abroad in a matter concerning mining rights. Nthai is a former member of the Judicial Service Commission and has acted as a judge on numerous occasions. He is also a former Limpopo provincial minister and was one of the advocates representing the state in its case against former prosecutions boss Vusi Pikoli at the Ginwala inquiry. He is a member of both the Johannesburg and Pretoria Bar Councils."

I have found this matter to be relevant because it may be said that many people enter the legal profession because it offers great opportunity for wealth and prestige and of course, that someone was caught out. Which brings us to the question of whether the primary concern for the law is subordinate to legal practitioners using the law as an instrument to acquire those things that he/she really cares about...while, at times running the risk of losing their identity or personality. Is this simply a matter of the perceived benefits of being in the legal profession or just plain greed?

Which brings me to my next question, "Are you really innocent until proven broke?" This of course, stands to be proved.

Written by: Mikateko Baloyi, Corporate Law Consultant at Masephule Dinga Inc.