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LEGAL PRACTICE ACT 28 OF 2014

I. LEGAL PRACTICE ACT

II. SA LEGAL PRACTICE COUNCIL

III. LEGAL PRACTITIONERS

IV. LEGAL SERVICES

V. LEGAL PRACTICE

VI. FIDELITY FUND

VII. TRUST MONIES

I. LEGAL PRACTICE ACT

P R E AM BL E/ F UN C T I ON O F T H E A CT :

 Provide a legislative framework

 Ensure the Constitutional values

 Ensure affordable legal services

PEEERR
 Ensure the accountability of the profession

 Regulate the profession in the public interest

 Remove barriers for entry into the profession

P U R P O SE OF T H E A CT :

1. RESTRUCTURING & TRANSFORMATION of the profession

2. BROADEN ACCESS TO JUSTICE BY

 Fees chargeable
 Community service
 Equal opportunities
 II. SA LEGAL PRACTICE COUNCIL

C OM P O S I TI ON OF C O UN C IL

COMPOSITION OF COUNCIL

FIDELITY
LEGAL TEACHERS FIT & PROPER SA LEGAL
FUND
PRACTITIONERS OF LAW PERSONS AID
BOARD

16 2 3 1 PERSON 1 PERSON

1 DEAN OF 3 PERSONS APPOINTED

6 ADVOCATES 1 TEACHER OF LAW IN
10 ATTORNEYS FACUALTY OF BY THE MINISTER TO
PRESCRIBED MANNER
LAW ASSIST THE COUNCIL
C O D E OF CON D UC T & D I SC I PL IN AR Y BO D I E S

 SECTION 36 – 44
 The Council must develop a code of conduct and establish disciplinary committees
III. LEGAL PRACTITIONERS

R E GU L AT I ON O F L E G AL PR AC TI T I ON ERS

 SECTION 24

 Must be admitted in the High Court if qualified

 Must be
 SA citizen or permanent resident
 Fit & proper person

 The Minister may determine the right of foreign legal practitioners to practice in SA

R IG H T OF AP P E A R AN C E

❖ SECTION 25
 Legal practitioners are entitled to practice throughout SA

❖ RIGHT OF APPEARANCE
 High Court
 Supreme Court of Appeal IF IN PRACTICE FOR LONGER THAT 3 YEARS + LLB
 Constitutional Court

❖ CANDIDATE ATTORNEYS
 MAY NOT APPEAR IN
• The High Court
• The Supreme Court of Appeal
• The Constitutional Court
 MAY ONLY APPEAR IN
• The REGIONAL DIVISION OF THE MAGISTRATE COURT
• If practiced as an advocate for 1 year
• Or if completed 1 year of vocational training
R E Q UI ER M EN T S F OR ADM I S S I ON

 SECTION 26
 5 requirements
1. LLB degree
2. Practical vocational training
3. Community service
4. Legal practice management course
5. Passed examination/assessment

R E GI S TR A TI ON A S A L E G AL P R AC TI T ION ER

❖ SECTION 30
 Must apply to the Council once admitted for enrolling your name on the Roll of Legal

❖ SECTION 31
 Cancellation or suspension of registration

❖ SECTION 32
 Conversion of registration at any time
 attorney-advocate-attorney
IV. LEGAL SERVICES

A U T H O RI T Y T O R EN D ER L EG A L S ER VI CE S

 SECTION 33
 Only legal practitioners may
o Appear in any court/board/tribunal in expectation of any fee
o Draw up pleadings

 IF NOT QUALIFIED
o No person may hold himself out as a legal practitioner
o No person may imply to be a legal practitioner

 No person may render legal services if

o suspended
o removed

F E E S IN R E S P E CT OF L EG AL S ER V I C E S

 SECTION 35
 The SA Law Reform Commission must within 2 years report back to the Minister about determining fees:
o Maximum tariffs
o Access to justice
L EG A L S ER V IC E S O MB UD

 SECTION 45 – 52
 To protect and promote the public interest
 Ensure fair and effective investigation of complaints
 Promote high standards of integrity
 Promote the independence of the profession
V. LEGAL PRACTICE

F OR M S O F L E G AL P R AC TI C E

An attorney may render legal

ATTORNEY services upon receipt of a request
directly from the public

Upon receipt of a brief from an

attorney
An advocate may RENDER LEGAL
SECTION 34 ADVOCATE
SERVICES Upon receipt of a REQUEST
DIRECTLY FROM THE PUBLIC if in
possession of a Fidelity Fund
certificate

MULTI - DISCIPLINARY PRACTICES

THE COUNCIL MUST MAKE

COUNCIL
RECOMMENDATIONS REGARDING

RECOGNITION OF PARALEGALS
 VI. FIDELITY FUND
LEGAL PRACTITIONER’S FIDELITY FUND

L I AB IL IT Y OF F UN D

❖ SECTION 55
❖ During the course of the practice of the attorney or an advocate the fund is liable to reimburse
persons who suffer PATRIMONIAL LOSS such as
 Pecuniary loss as a result of theft of any money given in trust to a trust account practice
 Pecuniary loss as a result of theft of any property other than money given in trust to a
trust account practice

L IM IT A T ION OF L I AB IL IT Y OF F UN D

❖ SECTION 56

❖ THE FUND IS NOT LIABLE FOR ANY LOSS SUFFERED

 By a family member of the household of any attorney/advocate who committed the theft
 By any partner/ co-director in the trust account practice where the theft happens
 by any individual as a result of any theft committed after the victim of the theft received
written notice from the Council or the Board cautioning him or her against using or
continuing to use the legal services of the trust account practice in question
 by any person as a result of theft where any attorney/ advocate has been instructed to
invest on behalf of such person
C L AIM S AG A IN S T F UN D

❖ NO PERSON HAS A CLAIM AGAINST THE FUND REGARDING ANY THEFT UNLESS
 Written notice of the claim is given to the Council within 3 months after the claimant
became aware of the theft or by the use of reasonable care should have become aware of
the theft
 Within 6 months after a written demand has been sent to the claimant by the Board, the
claimant provides the Board with proof that the Board may reasonably require

❖ ANY ACTION AGAINST THE FUND REGARDING LOSS SUFFERED BY ANY PERSON AS A RESULT OF
THEFT COMMITTED MUST BE INSTITUTED WITHIN 1 YEAR
VII. TRUST MONIES