Introduction to Paralegal Studies (PAR1501)

Comprehensive practice flashcards covering the origins of paralegals, African traditional justice systems (Lekgotla), characteristics of paralegal practice, formal recognition challenges, and essential administrative, communication, bookkeeping, and alternative dispute resolution skills.

Where and in what year did the modern paralegal career originate?

In $1967$, a small law firm in Kansas in the United States of America began using trained non-lawyers to perform routine tasks such as responding to enquiries, setting dates, completing standard forms, and managing schedules.

Which professional body was approached in around $1968$ to recognize legal assistants, leading to the creation of the paralegal concept?

The American Bar Association, which was approached by a group of legal professionals and subsequently accepted the proposal to recognize legal assistants.

How did Dercksen ($2000$) broadly define a paralegal?

A person qualified through education, training, or work experience to perform legal, social welfare or related work requiring a basic knowledge of the law, who may work in communities, law firms, NGOs, or government institutions under the supervision of a legal practitioner.

What mandate does Section $34$ of the Legal Practice Act $28$ of $2014$ give to the South African Legal Practice Council regarding paralegals?

The Council must, within $2\text{ years}$ of the commencement of Chapter $2$ of the Act, investigate and make recommendations to the Minister on the statutory recognition of paralegals.

How does the United Nations Development Programme (UNDP) define traditional justice systems?

Traditional and indigenous systems of justice that exist at the local or community level which have not been set up by the State, usually following customary law or an uncodified body of rules of behaviour enforced by sanctions and varying over time.

According to the Traditional Court Act No. $9$ of $2022$, what are the official language terms used for a traditional court (lekgotla) in South Africa?

eBandla (isiNdebele), Huvo (Xitsonga), Inkundla (isiZulu), Inkhundla (isiSwati), iNkundla (isiXhosa), Kgoro (Sepedi), Kgotla (Sesotho and Setswana), Khoro (Tshivenda), and a tribunal for Khoi-San communities.

According to Rammala, what are the three main non-linear processes involved in traditional dispute resolution in the Lekgotla of Makapanstad Village?

Negotiating disputes; confessions by the persons involved; and processes of forgiveness, compensation, and healing followed by relevant ceremonies.

What are the criminal jurisdiction limits and punitive restrictions of traditional courts in South Africa?

They do not have jurisdiction over serious crimes such as rape, murder, and serious assault; they cannot impose physical punishment or fines; and their remedies range from restitution, service, and compensation to eviction from the area.

What was the ruling in Bandindawo and others v. Head of the Nyanda Regional Authority and another ($1998$) regarding customary courts?

The court held that differences distinguishing customary courts from the formal judicial system were consonant with a particular cultural orientation, and the right to equal treatment could justifiably be infringed in civil matters.

What was decided in Mhlekwa and Feni v. Head of the Western Tembuland Regional Authority and another ($2001$) regarding traditional courts?

The court held that in criminal proceedings involving complex legal issues and potentially drastic penalties, there was no justification for dispensing with procedural rights such as the right to legal representation.

What are the five main characteristics of a paralegal?

A paralegal is not a legal professional (lawyer); has a basic knowledge of the law; obtains legal skills through education, training, or work experience; works under the supervision of a legal professional; and can be employed at different places.

What is the referral rule governing advocates practicing without a fidelity fund certificate?

They do not accept briefs directly from clients but must be briefed by an attorney, who initiates the contract, negotiates fees, instructs the advocate, and oversees each step of the matter.

What distinguishes Trust Account Advocates from traditional advocates under the Legal Practice Act?

Trust Account Advocates possess a fidelity fund certificate, may be approached directly by clients without the involvement of an attorney, and are required by Section $86(1)$ to operate a trust account.

What is the primary educational difference between a lawyer and a paralegal?

A legal professional (lawyer) holds a formal law degree, whereas a paralegal does not hold a law degree but possesses a paralegal diploma, informal legal training, or practical legal experience.

How does the supervision of a law firm paralegal differ from that of a community-based paralegal?

A law firm paralegal works under the direct supervision of an attorney, whereas a community-based paralegal works independently in the community but has access to legal professionals (e.g., via organisations like the Legal Resources Centre) for referrals.

What does 'formal recognition' mean with respect to the paralegal profession in South Africa?

An official law or policy that formally acknowledges the role of paralegals in society and regulates their rights, obligations, and standards of practice.

What four unresolved issues hamper the formal statutory recognition of paralegals in South Africa?

Regulation of paralegal work, setting minimum training and experience standards, preventing overlap with work reserved for legal professionals, and defining paralegals' right of appearance in courts and tribunals.

What is the difference between substantive training and skills training for paralegals?

Substantive training covers the law and applicable legal principles (e.g., qualifying criteria for a social grant), while skills training teaches practical procedural skills (e.g., how to complete social grant application forms).

What is the National Community-Based Paralegal Association (NCBPA), and when was it established?

Established in $1996$, it is a national network of provincial paralegal associations focused on promoting access to justice, human rights education, uniform standards, and an ethical code for paralegals.

What is the National Paralegal Institute (NPI), and when was it established?

Established in April $1999$, it is a voluntary association representing South African paralegals to develop uniform standards for training, qualifications, and certification, and to assist advice offices with fundraising.

What is the difference between an ordinary client statement and an affidavit?

A statement is a written recording of a person's story in their own words, while an affidavit is a sworn statement signed under oath before a Commissioner of Oaths stating that the contents are the truth.

Who is legally authorized to act as a Commissioner of Oaths in South Africa?

Postmasters, magistrates, bank managers, legal professionals (attorneys and advocates), certain members of the South African Police Service, and certain priests and social workers.

What information must be written on the front cover of a client's file?

The surname and name of the client, the type of matter, the person responsible for the file, and the file number (reference number).

How does a diary system operate in paralegal case management?

When a case requires no further immediate action, a follow-up date is written on the file cover and entered under that date in a diary, which is consulted daily so that scheduled files can be retrieved from the cabinet and actioned.

For how long must a South African law firm retain a closed file before it may be destroyed?

For a minimum period of $5\text{ years}$ after the file has been closed and all fees and expenses have been paid.

What is the basic formula used in bookkeeping to calculate the balance at the end of the month?

$$\text{Balance} = \text{Income} - \text{Expenses}$$

What is the balancing formula for reconciling a petty cash box?

$$\text{Balance} = \text{All deposits into petty cash} - \text{All payments out of petty cash}$$

How does the role of a mediator differ from that of an arbitrator in dispute resolution?

A mediator is a neutral facilitator who helps parties voluntarily reach their own agreement without deciding the outcome, whereas an arbitrator acts like a judge, makes a binding decision on the dispute, and provides reasons.

What must a paralegal do if an opposing party makes an unexpected settlement offer during negotiation?

The paralegal must not accept the offer, but must explain that they do not have a mandate to accept and must obtain instructions from the client before proceeding.

What are the three main structured parts of a community education workshop?

$1.$ Introductions (welcome, attendee introductions, aim, expectations); $2.$ Content (dealing with subject matter via demonstrations, role-playing, and discussions); and $3.$ Conclusion (summary, participant evaluation, and closing remarks).

What is the difference between plays and role-playing when used as workshop training methods?

Plays are prepared, rehearsed dramas used to illustrate specific issues, whereas role-playing requires participants to act out roles spontaneously without prior practice to evaluate how they apply principles.

What is the difference between facilitation and floating in small group workshop methods?

Facilitation involves an assigned leader guiding one small group through the discussion, while floating involves facilitators walking between multiple groups to check comprehension and time limits.

What essential elements must be included in a formal legal letter drafted by a paralegal?

Sender and receiver details, date, file references, method of delivery, subject line, body (identifying client, stating problem, specifying legal rule, and stating request), and signature with writer's name and designation.

Why is it critical for a paralegal to avoid using Latin words and legal jargon when advising clients?

Clients often do not understand complex terminology, and using jargon can cause confusion, misunderstandings, and prevent them from grasping their legal rights and options.