It is normal practice to authorise special powers of attorney abroad by signing a power of attorney document. If the document is being signed for use abroad, it must be notarised by a Notary Public in order to be accepted.
The concept of legal professional privilege Attorney-client privilege is a legal privilege that enables an attorney to keep communication with his or her client secret. An opposing legal team cannot demand access to this information, either in a discovery request or by asking an attorney to testify under oath.
Having an attorney abroad can help you navigate the foreign country's legal system. For information about hiring an attorney abroad, see our section on Retaining a Foreign Attorney. Although we cannot recommend an attorney to you, most U.S. Embassies have lists of attorneys available online.
Coordination with Attorneys in the United States: Attorneys from the United States may not represent you in foreign courts unless they are admitted to practice before them.
To practise local law, a foreign lawyer must requalify as a South African attorney. To be admitted as an attorney, an individual must have: an LLB degree from a South African university. two years' service under articles of clerkship with a South African firm of attorneys.
Coordination with Attorneys in the United States: Attorneys from the United States may not represent you in foreign courts unless they are admitted to practice before them.
If someone other than the lawyer or client is present during a confidential conversation, information shared in that conversation no longer qualifies as privileged communication and may be used as evidence in court if necessary.
The attorney-client privilege maintains the confidentiality of certain communications, made between attorneys and their clients, for the purpose of seeking or providing legal advice. The privilege protects communications made orally or in writing, in person or over the telephone, in letters or in emails.
The concept of legal professional privilege Attorney-client privilege is a legal privilege that enables an attorney to keep communication with his or her client secret. An opposing legal team cannot demand access to this information, either in a discovery request or by asking an attorney to testify under oath.
Whose Burden is it to Prove a Communication is Privileged? The party asserting the attorney-client privilege must prove that the communication in question meets the standard to be protected and that no waiver of the privilege was made.