Naheem Ebrahim Essop

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Naheem Essop joined J Leslie Smith & Company as a Professional Assistant in the litigation department and was shortly thereafter appointed as an Associate.

The range of matters which he deals with includes commercial litigation and contractual disputes; civil litigation including damages claims; divorces, maintenance and protection orders, disputes relating to care and contact with minor children; labour disputes including representations at the CCMA; as well as criminal litigation. He litigates in the Supreme Court of Appeal, High Court, Magistrate’s Court, CCMA, Regional and District Courts as well as Appeal Boards and other tribunals.

We had a chance to catch up with Naheem in the library, where he can often be found keeping in touch with the latest developments in the law, and asked him a few questions about himself:

 

Has being a lawyer always been your career goal?

Life has a funny way of pushing you towards your destiny. I was not one of those kids who grew up dreaming about being a lawyer. The pathway to my court gown has been a long and twisted one. I went from wanting to be a doctor to applying and being accepted to study dentistry. I declined that and went on to study Civil Engineering instead. After realising that this was a rash decision inspired by a moment of madness, I deregistered and went off into the working world for 2 years, only to return to academia and register under Media and Communication with the romantic idea of becoming a world famous journalist. Then one day whilst walking on campus a jacaranda fell from the tree and hit me on the head. It was then that I realised that there is no such thing as a world famous journalist. Ever since, my chosen field has been law and I have not looked back.

Do you have any words of wisdom to impart to aspirant attorneys?

You are entering a profession that is pivotal to the proper functioning of society. Never underestimate the significance of your work as the tools of your profession gives you the power to shape lives. Always work harder than you’re expected to and never compromise your integrity being ever aware that your purpose in the grand scheme of things is to attain justice.

The Legal Practice Bill will come into effect soon. What are some of your thoughts on the Bill?

It has positives and negatives. The main criticism has been that the profession will no longer be self-regulatory and will be governed by a Legal Practice Council. This Council will largely be made up of Government officials and appointees who have been appointed by the Minister of Justice. This means that the independence of the profession will be compromised.

Ideally, this should not be the case as lawyers should be fearless in their pursuit for justice and not subject to government control. Call me a traditionalist but I also think it’s a mistake to allow paralegals to appear in certain of the lower courts, or to allow conveyancers to commence practice without first being an admitted attorney.The Bill is good in that it creates the office of a Legal Ombudsman which will allow a forum for the public to voice their complaints. It also merges the Attorneys and Advocates profession to fall under one umbrella.

One of the most important changes that the Bill proposes is that lawyers will be obliged to do a set amount of pro bono work. This can only auger well for the profession as it will save lawyers from inflating their egos and keep them on the ground, in touch with the needs of society. It is all still going through the channels and I’m sure that by the time the Bill is passed and made into an Act, there will have been many more revisions.