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International
Senior Lawyers Project
Serving
the World Community
South Africa
Black Lawyers Association Commercial Law Training
Program
The
end of apartheid opened the way for black South Africans to fully
participate in South African's economic and professional life.
Black
South Africans are actively responding to these new opportunities,
yet there is a dearth of programs to help them become full and equal
players in their chosen professions. Additionally, in the legal
field many young black lawyers lack the historical advantages of
connections to successful law firms or business enterprises that
their white counterparts frequently enjoy. Thus, they must often
establish new firms that do not have senior lawyers to train and
mentor them.
The
Black Lawyers Association (the "BLA") of South Africa
has identified a critical need for affordable commercial law training
programs
for young black lawyers and has reached out to both South African
and American lawyers to help them meet this need.
The
International Senior Lawyers Project ("ISLP"), a U.S.-based
international pro bono organization, and the Senior Lawyers Division
of the American Bar Association have responded to the BLA's request
for assistance by working with it and a South African law firm to
develop a curriculum and to identify highly experienced and qualified
lawyers willing to offer their services on a pro bono basis to meet
this need.
Purpose
of the Program
The
purpose of the program is to meet a critical need for affordable
training and mentoring in commercial law subjects for young black
South African lawyers. The long-term goal is to promote the successful
participation of black South African professionals in the economic
and professional life of their society, thereby promoting their
development as leaders in the community and helping to address some
of the issues of racial inequality and lack of opportunity that
are the continuing legacy of colonialism and apartheid.
Project
Overview
The
sponsors have developed the program with the pro bono assistance
of a local South African law firms. The course to be given in Johannesburg
Cape Town and Durbin that will provide instruction to approximately
40 to 45 participants selected by the BLA. The various subjects
will be taught by a team of American lawyers. They will be joined
by four South African attorneys, each with experience in the practice
of commercial law. The South African instructors come from highly
regarded local firms. The program now in its fourth year has expanded
from Johannesburg to a nation-wide basis. The program anticipates
a continuing relationship between the students and the American
volunteer instructors whereby the instructors will continue to advise
and mentor the students after the training has ended via email.
Botswana
Program
The
Commercial Law Program has been expanded to Botswana this year,
for the first time. The same group of U.S. volunteers who teach
in South Africa have agreed to assist the Botswana Law Society to
supplement the Commercial Law education of the black lawyers of
that country. The program will be offered to approximately 40 predominately
young, black lawyers who could be the future leaders of the country.
The subject matter will be similar to that taught in South Africa
and experienced members of the Botswana Law Society will participate
as co-instructors.
The
Materials on This Web Site
Materials
on this site have been furnished by numerous donors including large
and small law firms and the American Bar Association and its many
Divisions and Sections. They are not intended to be used without
revisions to each individual set of facts and the local law. Hopefully
they will serve as a guide to various areas of commercial law for
future reference.
Anticipated
Outcomes
It
is anticipated that the participants in the program will be better
prepared to represent their commercial clients, whether small or
large businesses, and consequently more successful in their law
practices. They will be exposed in the course of the instruction
to both the broad perspective that experienced lawyers can offer
and practical issues related to different commercial law subjects,
including, for example, types of business organizations, drafting
and negotiating contracts, tax consequences of various activities,
international transaction issues, dispute resolution alternatives
and procedures, and a number of other subjects. The American instructors
are also expected to establish ongoing mentoring relationships with
some or all of the students. They will be available to provide consultation
and advice, on a pro bono basis, via the Internet and other means
of telecommunication.
Successful
business lawyers are often leaders in many ways, including in government
service, working with civic organizations and promoting access to
justice through pro bono work and support for legal services programs.
In the longer term, the success of black professionals, particularly
lawyers, will be crucial to broadening the participation of black
South Africans in the economic, political and civic life of the
country.
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