LEG AL / P ROF ES S IONAL ET HICS

1 . ALLEG IANCE T O T HE ST AT E
The principal is based on the notion that you cannot offend the very thing that you swore to uphold.
 It is expected of each practitioner to show respect to the legal order.
 Oath by practitioner “I will be faithful to the Republic of South Africa
 Attorney must be citizen of RSA
 Non-citizen must have permanent residence
 Can be linked to the duty to sustain and honour the profession
 Must become a SA citizen within 6 years of admission, or an extended period, if the court so
allows – if not, struck off the role or suspended from practice

2 . DUT Y T O SUST AIN T HE LAW

 Practitioners have a positive duty to sustain the law
 Tax evasion = unlawful activity (Lawful avoidance is something else)
 Duty to advise client against unlawful activities
 The relationship with your client will be the basis/measure of control
 As practitioner, you cannot be the keeper of your client’s conscience – you can advise them
against certain things but their actions are out of your hands, you just need to provide advice on
what the right thing is to do.

T HE G ENERALLY UNLAWF UL
 Avoid unlawful and criminal conduct in practice and personal life
 this may result in suspension or removal from the roll
 Examples are: Contravention of the Insolvency Act, unlawful dealing in diamonds and corruption.
 Avoid assisting client – to break the law
 explain the possible consequences and advise against it
 assisting/facilitating unlawful conduct constitutes unprofessional conduct.

3 .DUT Y OF HONEST Y AND F AIRNESS

 Proper administration of justice depends to a large extent on a relationship of trust between the
court and the legal practitioner
 Practitioners should be TRUTHFUL, HONEST AND FAIR
 Professional and personal life
 Misunderstandings must be corrected as soon as possible
 Deliberately using vague expressions are downright dishonest

4 . DUT Y NOT T O OV EREACH OR ASS IS T OT HERS

 Do not deliberately overcharge
 Contingency Fees Act, 66 of 1997 [section 2(2)]

“In determining his fees and seeking to charge either his client or any other person who may become
liable to pay them, the practitioner must be at pains to avoid what is manifestly excessive, for to charge
seriously in excess of what is reasonable is to overreach the payer, and the fact that the charges may be
subject to taxation or assessment if the person liable so chooses in no way excuses the attempt at
deliberate overcharge. To overreach the payer becomes most serious of all if he is ignorant or
unsophisticated and the attorney seeks and secures his agreement to a fee which is thus excessive.”
S2(2) states “any fees referred to in subsection (1)(b) which are higher than the normal fees of the legal
practitioner concerned (hereinafter referred to as the success fee), shall not exceed such normal fees by
more than 100%: provided that, in the case of claims sounding in money, the total of any such success
fee payable by the client to the legal practitioner, shall not exceed 25% of the total amount awarded or
any amount obtained by the client in consequence of the proceedings concerned, which amount shall
not, for purposes of calculating such excess, include any cost.
 Free State Agriculture and Ecotourism (Pty) Ltd v Mthembu & Mahomed 2002 (5) SA 343 (O)

“The quantum of the retainer is a shocking disgrace to the attorney’s profession. It is nothing but an
alarming overreaching in our law. When an attorney undertakes to do work in that capacity, he prima
facie undertakes to do so for the legitimate fees that he can charge and it is unprofessional, unworthy
and dishonourable conduct on his part to charge a client exorbitant and extortionate fee….’Overreach’
may be taken as conveying the extraction by the attorney from his client, by the taking by the former of
undue advantage in any form of the latter of a fee which is unconscionable, excessive and extortionate.
The word ‘overreach’ is defined, insofar as it is relevant to this matter, as ‘circumvent, outwit, cheat in
dealing’ or ‘to outwit or get the better of’. See Law Society of the Cape of Good Hope v Tobias and
Another 1991 (1) SA 430 (C) at 435B. However, if I were called upon to decide whether the conduct in
charging this retaining fee was unconscionable, I would most decidedly have done so, having regard to
the nature of the retainer which involves no work of whatsoever nature having been performed by
respondent.”

5 .Duty to be cour teous at all times

 Show bench –courtesy
 - show respect to the court and its officials
 - failure to do so amounts to unprofessional conduct and may lead to contempt of court.
 - examples of Contempt of court are:
 Disrespecting the presiding officer
 Disrespecting court procedures
 Failing to appear at court
 Defying court rulings
 Consequences would be a fine or jail time
 Outside court and inside
 Not required to be “spineless and subservient”
 Do best for client
 - at all times

6 . Attitude towar d author ity

 Always – courteous
 Do not allow bench to browbeat, intimidate
 Be prepared to fight –if client receives unfair treatment at the hands of authority
 The court is but only one authority
 Rental Tribunal is also an authority and should receive the same courtesy
 Always uphold the rights of your client

7 .DUT Y T O DO HIS/HER BEST IN T HE S ERV ICE OF T HE CLIENT

 General approach:
 Attorney is not bound to do whatever his/her client wants him/her to do, even if an act or
transaction is in the interest of the client and such is tainted with fraud or is dishonorable, the
attorney should not be a party to it and also in no way encourage such act
 Regular communication with client regarding the case
 Act in reasonable time
 try to avoid unnecessary delay
 Preserve strict confidentiality
 If any interest (material or moral) adverse to clients interest rather not act on behalf of client

8 . Duty to place own inter est last

 Applies equally to private practice and those rendering legal services to the poor and indigent
people
 Accept your share of Pro deo, Legal Aid and Pro Bono work
 If work is done on a pro-bono basis, you should still advise the client to the best of your skill and
abilities
 Do not make it seem as if the work is worthless
 Never accept more instructions/work than what you or your practice can manage
 Always consider the best interest of the client when accepting and instruction

9 .DUT Y T O SUST AIN T HE RIG HT HONOUR A ND INT EG RIT Y OF T HE P ROF ES S ION

 Be aware that unethical conduct can lead to suspension
 Removal from the roll of practitioners
 In the case of The Law Society of the Cape of Good Hope v Berrangé 2005 (5) SA 160 (C) the
court had to consider the vexed issue regarding ‘marketing agreements’ or ‘schemes’ between
attorneys and estate agents. In terms of this scheme, certain estate agencies (Seeff and Pam
Golding) referred conveyancing work to Berrangés firm and from time to time received payments
totalling in excess of R500 000. The payments were purportedly made for the promotion and
marketing of the respondents firm. The court held that the most probable inference on the
evidence was that Berrangé had devised and implemented a scheme in terms of which his firm
rewarded the agencies for the referral to it of conveyancing work. The respondent, in fac t, secured
conveyancing work that was solicited by the agencies as a result of their marketing agreements9
and the understanding between them regarding payment. That clearly constituted soliciting of
professional work within the meaning of Rule 14.6.1.1. The respondent, accordingly, breached the
rule and was guilty of unprofessional conduct. It held further that such conduct was akin to touting.
 The Rule 14.6.1.1. Is found in Cape Law Society Rules which was subsequently
replaced by the attorney profession.
 An example of touting is where you are working for a personal injury firm. So, you got
out to hospitals to see or find out who were the people that were involved in accidents
and you would hand out cards to these people and tell them to come to your firm.
 The attorney was accordingly suspended from practice for a period of two years.
 The attorney was accordingly suspended from practice for a period of two years.
Examples: Mismanagement of Trust monies, Corruption and Criminal activities

1 0 .Conduct ex tr a pr ofessional; life consiste ntly with canons of good citiz e nship
 Term “fit and proper” – relates to “morals”, “values” and “integrity”
 “Fit and proper” means fit and proper in every respect and not only honesty and reliability. An
attorney’s avowed intention of contravening the law in future, does not square with the
requirement.
 Apply to person –allowed to practice
 Prince v President, Cape Law Society & Others 2000(3) SA 845 (SCA)
▪ Botha and Others v Law Society, Northern Provinces 2009 (3) SA 329 (SCA)
 Kaplan v Incorporated Law Society Transvaal 1981 (2) SA 762 (T)
 Jasat v Natal Law Society 2000 (3) SA 44 (SCA)
 PRINCE v PRESIDENT, CAPE LAW SOCIETY, AND OTHERS 2002 (2) SA 794 (CC)
 A person having two previous convictions for the possession of cannabis declared his intention of
continuing to break the law due to his religious beliefs.
 Jasat v Natal Law Society 2000 (3) SA 44 (SCA).
 An attorney convicted of a criminal offence, and who during the course of the tr ial not only
committed perjury in raising a false alibi, but also suborned another to do so to support his alibi.

PRINCE v PRESIDENT, CAPE LAW SOCIETY, AND OTHERS 2002 (2) SA 794 (CC).
Where a person having two previous convictions for the possession of cannabis declared his intention
of continuing to break the law due to his religious beliefs, the court held that he was not a fit and
proper person to be admitted as an attorney. As long as the prohibition of the use or possession of
cannabis remained on the statute book the applicant would constantly be breaking the law and that
this would bring the profession into disrepute.
In this regard, Prince was not seen as fit and proper and could not be admitted as an attorney.
Jasat v Natal Law Society 2000 (3) SA 44 (SCA).
An attorney convicted of a criminal offence, and who during the course of the trial not only committed
perjury in raising a false alibi, but also suborned another to do so to support his alibi and who
persisted in lies for four years during the appeals process was found unfit to practise as such conduct
constituted a protracted attempt to deceive the courts.

T aking on instr uctions

 May not use confidential information-obtaine d from former clients in subsequent proceedings
 When dealing with more than one party, it must be clear on whose behalf the attorney is acting
 Practitioners should be weary of accepting instructions from anyone but the client
 Practitioners have a duty to communicate with their clients

Duty to r efuse wor k offer ed

 Conflict of interests
 Practitioners should learn to recognise potential conflict and how to deal with appropriately
 If acting obo 2 accused who have conflicting versions
 Withdraw from representing both parties
 A legal practitioner shall, when client give conflicting instructions, or attempts to retract earlier
instructions, withdraw from matter if continuing for client would cause unavoidable
embarrassment to the legal practitioner.
 Acting for 2 parties to a contract 1 party defaults
 Withdraw & advise both parties to seek independent advice
 Cannot act for Plaintiff and Defendant in same matter
 Cannot act for employee and employer
 Cannot act for insurer and insured
 Cannot act in a matter in which you may be called as a witness.

Lack of legal qualification

You cannot advise your client if you lack legal qualification.
Notary & Conveyancer
o You have to be admitted as a Notary or A conveyancer in order to give the necessary advice.

Individuals practice without legal qualification

o Section 33(2) & 33(3) of the Legal Practice Act 2014
o Section 33(2)
 No person other than a legal practitioner may hold himself/herself bound as a legal
practitioner or make any representation or use any type of description or give any indication
that he/she is a legal practitioner
o Section 33(3)
 No person may in expectation of any fee, commission, gain or reward directly or indirectly
perform any act or render any service which in terms of any other law may only be done by an
advocate, attorney, conveyancer or notary unless that person is an advocate, attorney,
conveyancer or notary

Articled clerks right of appearance

o Section 25 of the Legal Practice Act deals with this.
o in order for a candidate attorney to appear or have the right of appearance, the Legal Practice
Council will issue such right of appearance once the practical vocational training contract has
been registered
o in the past this used to be refer to as registering your articles
o However, this has now changed with the coming into effect of the Legal Practice Act and we now
refer to it as the practical vocational training
In order for a candidate attorney to appear in the Regional Court, he or she must have served at least
one year of their practical vocational training.
o Before his right of appearance has been issued by the Legal Practice Council, he or she may
only appear in the District Court.

Those doing the 5-year articles no right of appearance, without LLB Degree
Right of Appearance High Court
o an attorney must apply to the registrar of the High Court where he or she was admitted as an
attorney for a prescribed certificate to the effect that the applicant has the right to appear in the
High Court, the SCA or the Constitutional Court.
o the registrar will then issue the certificate, which will state that such a person has been practising
for a continuous period of not less than three years and is possession of an LLB degree and has
not been struck off the roll or suspended from practice.

Lack of Ex per tise

• Reasonable competence required
o Failure thereof may result in negligence which can in turn result in misconduct
• Other fields, for example include water law, tax, mining and media.
o You must have the necessary expertise to deal with these types of matters or one will need to
gain the necessary experience.
o Otherwise, ask colleagues for assistance but DO NOT advise on any law where you have no
expertise in the matter.

T er mination of mandate
This is referring to the termination of mandate by the client.
The client has the right to terminate his or her mandate at any stage if he or she feels that the attorney
on record is not providing the service that he or she would have expected.
On the other hand, the attorney may retain any papers or pleadings in which he has lien for cost until
the costs are paid or secured.
The attorney also has the duty to assist his successor (the new instructing attorney) with all the proper
information.

By attor ney
 An attorney has the right to withdraw from a matter
 Lewis gives as an example a number of reasons as to when there is good cause for an attorney to
withdraw:
 improper conduct on the part of the client
 Example: when you are on record with a client and the client then does something else
which is unlawful.
 In that way the clients conduct would be improper and you as the attorney has the right
to withdraw from representing the client if the attorney finds that his own personality
clashes with that of the client
 When the attorney finds that his own personality clashes with that of the client.
 You are trying to establish a working relationship with the client, but the client is difficult
and does not want to listen to what you have to say, then you have the right to withdraw
as an attorney.
 where the client does not accept his attorneys advice and persists in pursuing or defending an
action when his attorney most strongly advises settlement
 The failure to provide funds to enable the attorney to continue will also justify his terminating
the relationship.
 If the client is not by the means to pay for what you have done so far, or you can see
that the client will not be able to pay you even after the matter has been finalized
  If a practitioner wishes to withdraw from a matter, such information must be
communicated with the client timeously to enable the client to find another legal
representative.

RELAT IONSHIP WIT H COLLEAG UES/OP P OS IT ION

 General duty of fairness extends to colleagues
 Co-operation and courtesy are part of tradition of legal profession
 Always act fairly towards an unrepresented party
 Always be friendly, pleasant
 Correspond directly with opposing attorney and NOT the party to proceedings
 Do not make use of BOGUS PLEADINGS
 Do not use delaying tactics when litigating
 Ensure that you or someone from your office is available to attend to court when matter is being
heard

RELAT IONSHIP WIT H COUNSEL

 BRIEFING ADVOCATES
 Must be carefully formulated clear what is required
 Briefs must be sent to Advocates timeously
 Include all relevant details trials dates
 Indication of urgency and deadlines
 See provision 28(1) of Code of Conduct

Refer r al Rule
 In the past Advocates could not accept instructions directly from clients without the intervention of
an attorney
 The aforesaid has now changed in terms of Section 34 of the Legal Practice Act
 S34(2)(a)(i) – an advocate may render legal services upon a brief from an attorney; or
 S34(2)(a)(ii) – upon a request directly from member of public or from a justice Centre
 (Also see provision 38 of Code of Conduct)

T RUST ACCOUNT ADV OCAT ES

• Section 34(2)(a)(ii) of the Legal Practice Act (LPA) provides that an advocate may render legal
services upon a request directly from a member of the public or a justice centre.
• In terms of the code of conduct under section 36(1) the LPA
• - fidelity fund certificate
• - trust account to handle trust monies.
 A trust account advocate shall not appear in any superior court in the absence of the instructing
attorney, candidate attorney, or his client.
 A trust account advocate may appear in any other court or tribunal unaccompanied by the
instructing attorney, representative or client.
 Provided that the advocate is able to remain in contact with the instructing attorney or member of
public (client).
 Briefing
 does not mean attorney relinquish control over case
 Liability for fees
 Attorney liable for fees of advocate
 Where an advocate receives instructions directly from member of public or justice Centre such
member or institution shall be liable for fees.
Br iefing
• When an attorney briefs an advocate, it does not mean that the attorney relinquishes control over the
case. The attorney is still involved with the case and the advocate and the attorney will be in the
discussion all the time, regarding the case.
• The attorney will normally brief an advocate where the attorney feels that an advocate has more skills
and expertise to litigate on a special matter, especially where the case is too complex or when the
attorney does not have the time to attend to it in the High Court because the attorney has other matters
to attend to in the Regional Court.
o in such instances, the attorney will also send a brief to the advocate to take on the matter.
• And when it comes to the liability for fees, the attorney instead of the client, will be liable for the fees
of the advocate.
• So, the attorney must ensure that the client has enough fees to cover the advocate9s fees, but the
attorney will be held liable. So, the advocate will send a statement to the attorney and not the client in a
situation where the advocate was briefed by the attorney.
• Where an advocate receives instructions directly from a member of the public or Justice Centre such
member of the public or institution shall be liable for the fees.

MISCONDUCT
 Misconduct on the part of any attorney will include a breach of the Act, or of the code or of the
rules or compliance thereof
 Note Lewis -Golden rule
 Touting common form of misconduct
 Law Society of Cape of Good hope v Berrange 2005 (5) SA C.
 Respondents paid estate agents to refer conveyancing work

Counsel’s fees – nor m of r easonable fe e

• This is found in S29(2) of the Code of Conduct governed by the Legal Practice Act.
• Counsel shall charge a reasonable fee by taking into account the following factors:
o the time and labour required
 More or less how much time and effort it will take in order to finalize the matter.
o the customary charges of comparable standing for similar services
 This is where you dealt with a similar issue before and will look at what you charged
for that matter.
o the novelty and difficulty of the issues involved
 How much effort must be out into the case?
 How much research is needed and what is the complexity of it?
o the skill and expertise required to properly address the matter
 Is it a matter where junior counsel can handle the matter or is the expertise of senior
counsel needed?
o the amount at stake in the matter
 For what amount is he fighting for and what is the amount for the claim that is being
attended to.
o the importance of the matter to the client
 Is this brought on an urgent basis?
 He will look at the urgency of the matter and how it is be dealt with.

• Taking into account these factors, he will then be able to calculate a reasonable fee for the client.
• Counsel shall not when calculating a fee, inflate the amount because client is able to pay
generously
• Counsel may, in calculating a fee, on the grounds of a client9s lack of means to pay fees, charge
an amount less or not charge at all
• Upon acceptance of a brief, counsel must provide details of counsel9s estimation of the fees to be
charged
• And upon completion of the work performed by counsel, counsel must provide the instructing
attorney with details of how the fee charged was calculated.
• It is also very important for counsel not to inflate his fee when it comes to a client that can pay
generously (a wealthy client)
• Counsel may, however, in calculating a fee, on the grounds of a client9s lack of means to pay
fees, charge an amount less or not charge at all (Pro Bono)
• Upon acceptance of a brief, counsel must provide details of an estimation of the fees to be
charged
• And upon the completion of the work performed by counsel, counsel must provide the instructing
attorney with details of how the free charged was calculated
• Details of how free charge was calculated:
o He must send a statement of an account setting out all the work he has done and how much
he had charged for taking on the work.

Instances wher e Counsel may r efuse to a cce pt a br ie f

 If counsel is a senior counsel and considers the nature of the brief and the work involved does not
require the engagement of senior counsel
 The scale and duration of the work involved in undertaking the brief is such that counsel’s
commitment to the brief would prejudice counsel’s practice or other professional or personal
commitments
 If the instructing attorney is reasonably suspected by counsel of being unlikely to pay the fees due
to counsel timeously or at all

P r ofessional etiquette
 Legal practitioners shall upon a first appearance before a judicial officer, introduce themselves in
chambers to the judicial officer;
 If you know that it is going to be the first time you are going to appear before a specific
magistrate, you need to ask the clerk of the court, before the court starts, to take you to the
presiding officers to introduce yourself.
 At the trial court roll call, in the motion courts and in the divorce courts, legal practitioners shall
seat themselves from the front row with regard to seniority;
 Seniority means the date of admission (from the date that you were admitted)
 Legal practitioners shall deal with the judicial officer, court staff and all other persons in court in a
civil manner and with respect;
 The same respect you give to a presiding officer is the same respect you must give to all other
court staff members.
 Shall on completion of his or her matter, remain in the court room until the legal practitioner in the
next matter has risen or if he or she is the last practitioner in court, until the court has risen;
 However, once you are done with your matter you may ask the presiding officer whether you
may be excused and then leave the court.
 Shall not approach the judicial officer in the absence of the opposing practitioner unless expressly
agreed by opposing practitioner
 If you have a question in the matter that you would like to discuss with the presiding officer,
you cannot go to the presiding officer without the opposing practitioner.
 You either need consent from the opposing practitioner or both of you need to go to the
presiding officer together
 Shall not, after a hearing and awaiting judgment, place before, or send to a judicial officer any
further material of whatever nature, except by agreement amongst representatives of all parties
 Seniority in the profession is determined by criteria other than age
 Eg. Junior attorney will travel to offices of senior attorney for conferences / meetings
 Addressing the presiding officer in High Court: My Lord / My lady
Regional /District Court: Your Worship
• Robing takes place outside court room – dark clothes to be worn when appearing
• In the past Advocates only robed for High Court but not lower courts – attorneys for all courts; this
has since changed.

Disclosur e and Non-disclosur e by legal pr actitione r s

• A legal practitioner shall preserve the personal and confidential information of a client communicated
to him or her unless the information is not privileged and disclosure is required by law
• A legal practitioner shall not in the event of being obliged to withdraw from representing a client in
any proceedings, offer an explanation that would disclose the client9s confidential or privileged
information.
• A legal practitioner shall not make use of any privileged information of the opposing party that has
accidently or unlawfully came into the possession of the legal practitioner
• Shall, in any ex-parte proceedings disclose to the court every fact known to the legal practitioner that
might reasonably have a material bearing on the decision the court is required to make ( save those
covered by professional privilege or client confidentially)

P r actical vocational tr aining/ar ticles for candidate le gal pr actitione r s

This is governed under Rule 22 of the Legal Practice Act
Any person intending to serve an attorney under a practical vocational training contract must submit to
Council:
o Proof of Identity, this can take form of a Identity document
o Proof that he or she is a fit and proper person to serve as a candidate attorney under a
practical vocational contract and has met all the requirements under sections 26(1)(a) and (b)
of the Act.
 Proof of a fit and proper person takes the form of a testimonial or reference letter. 
S26(1)(a) of the Act states that the person must have satisfied all the requirements of
the LLB degree obtained at any university within South Africa
 S26(1)(b) of the Act states that the person must have satisfied all the requirements of
a law degree obtained in a foreign country.

Lodging, ex amination and r egistr ation of pr actical vocational tr aining

This is contained in Rule 22.1.2
A practical vocational training contract shall be substantially in the form as set out in Schedule 2 of the
Rules.
The original contract, shall within two months of its date, be lodged by the principal concerned with the
Council.
o of its date - means the date when the contract was entered into
The Council shall on payment of the prescribed fee, examine the contract lodged with it and if it is
satisfied that the contract is in order, register the contract, and shall advise the principal and the
candidate attorney concerned in writing of such registration.
o Payment of the prescribed free – R345 (registration fee)
o the council shall advice the principal as well as the Candidate Attorney in writing of
registration
o That is also once the proof has been submitted for the registration fee that has been paid
If a practical vocational training contract is not lodged for registration within two months from date
hereof, any service under any such contract will be deemed to commence on the date of registration.

Super vision/ absence / cession of candidate attor ne ys

• A candidate attorney shall during the whole term of service specified in the practical vocational
training contract serve in the office of his or her principal under the direct personal supervision of the
principal / attorney who is a partner / other admitted attorney in the office of principal.
o This means that if you had signed a contract for the duration of 2 years, you shall then serve
the duration of 2 years in that specific office
• A candidate attorney may, with the consent of his or her principal, absent him or herself from office
for a period not exceeding 30 working days in any one year of the contract.
o That 30 working days will include sick leave, annual leave, and family responsibility and
even if you have to take off for studying purposes.

• A practical vocational training contract, may with the consent of the principal and the candidate
attorney concerned be ceded to any other principal willing to accept such cession.
o In this instance we can look at an example where a CA has signed a contract of 2 years with
a specific firm but after the 1St year, the CA finds other employment and would like to cede his
or her articles with their current principle
o If the principle so consents, the CA may then continue his articles with a new principle and
only complete what is left to serve under his contract
o So if he or she has already served 1 year of articles with their current principle and then has
consent to seed his or her articles then he or she has to complete 1 year of their articles with
their new principal instead of starting all over again for the duration of 2 years.

ACCESS T O JUST ICE

People must be able to access the justice system without any complication
Practitioners have a duty towards those members of society who are unable to afford the costs of legal
representation.
o This is where legal aid comes in, to help those who are unable to afford the costs of legal
representation
o This is also where pro bono services come in and practitioners have to serve 24hour per year
towards pro bono work

This duty is limited and the demand for free legal services extends beyond the State s constitutional
obligations.
Therefore, all role-players in the legal profession have a duty towards the poor not only the State.
o Practitioners
 Whether it is legal aid or private attorney.
o Universities
 Who have a law clinic who also provide free legal services to communities
o Law students
 Where they take on projects such as street law where they go to communities and
educate them about the law
It does not only rely on the state to provide these services
All the role players in the legal profession must come together and assist when it comes to access to
justice.

LEG AL AID
The State fulfils its obligations towards the poor through Legal Aid South Africa
Legal Aid South Africa has justice centres all over the country and still make use of the Judicare systems
(whereby they allocate work to private practitioners at a legal aid tariff)
But they have since moved from the Judicare model to the Justice Centre model
o Judicare System – This is where they allocate work to private practitioners at a legal aid tariff
o Justice Centre Model – That is where salary practitioners are employed on a full-time basis at
legal aid
Legal Aid work should be done in the same manner as PRO bono work.
o Namely with a sense of self-sacrifice and not primarily with the view of financial gain

ALL CLIENTS SHOULD BE TREATED WITH RESPECT IRRESPECTIVE OF WHETHER THEY ARE PAYING
OR NOT