South Africa is urged to welcome overseas lawyers

PRACTICE RIGHTS: Law Society wants restrictions removed

South Africa should open its doors to foreign lawyers, making multi-national partnerships a key reform, English solicitors have said.In its response to draft legal practice legislation in South Africa, the Law Society said allowing such partnerships would replicate the liberal position in England and Wales.The submission also called for South Africa to lift the three-year limit on foreigners working in the country, and the requirement that any secondees should have worked with their firm for a year before moving.

'This restriction is not commercially realistic and we would like to see it removed,' the Society said.Other changes requested included removal of the prerequisite of citizenship or residence for admission to practise.

There was also concern over the proposed requalification system for foreign lawyers, which would see them judged on a case-by-case basis, rather than in a uniform manner.One area where there are no apparent restrictions on foreign lawyers in South Africa is practising under home title, allowing solicitors to advise on English, international and third country law.Berwin Leighton Paisner partner Michael Polonsky, chairman of the British South African Law Association, said he supported liberalisation.

'It is odd that South Africa is being parochial,' he added.Mr Polonsky said South Africa was an attractive market offering much big-ticket work.

Stephenson Harwood and CMS Cameron McKenna were the first two City firms to form alliances with South African firms, back in 1999.Neil Rose