Topic 1

The Legal Profession

Kleyn et al - pages 338-350.
After studying this section you should be able to:
 Identify the various actors within the legal profession;
 Explain each actor’s role within the profession;
 Differentiate between each actor’s functions within the profession;
 Gain an understanding of the Legal Practice Act and its purposes as per the preamble;
 Gain an understanding of the rationale for the unification of the legal profession;
 Explain the role of the ombudsman;
 Explain the need for legal ethics and professional responsibility;
 Gain an understanding of the Code of Conduct for legal professionals; and
 Answer essay-type questions.
Legal Practice Act 28 of 2014
• The broad aim of the Act was to provide for a legislative framework
for the transformation of the legal profession, in a way that reflects
the diversity and the demographics of South Africa, and to
consolidate the two professions and various professional bodies (e.g.
the General Council of the Bar or the Law Society of the Northern
Provinces.
• The Act came into effect on 1 November 2018.
Legal Practice Act 28 of 2014
• Some of the changes include:
• We’re now all Legal Practitioners, practising as…
• How is this different to before?
• If a Legal Practitioner practising as an advocate can now take on clients
directly, what does that mean in terms of the handling of money in trust?
Legal Practice Act 28 of 2014
• The role of the Legal Practice Council
• How is it constituted?
• The LPC comprises of the following 23 members as elected:
• 10 practising attorneys and 6 practising advocates;
• 2 teachers of law, including one Dean of the law school
• 3 persons designated by the Minister;
• 1 person designated by Legal Aid South Africa;
• 1 person designated by the Legal Practitioner’s Fidelity Fund Board.
Legal Practice Act 28 of 2014
• What are the requirements to
be admitted as a legal
practitioner?
Community service for Candidate Legal Practitioners
is a new initiative under the Legal Practice Act and,
although this still has yet to be launched, could
include:
- Service in the State;
- Service at the South African Human Rights
Commission;
- Service as a commissioner in the Small Claims
Court;
- Providing legal education & training on behalf of
the Council, or an academic institution, or an NGO.
- Any other service which the CLP may wish to
perform, subject to the approval of the Minister.
Legal Practice Act 28 of 2014
• Legal Services Ombud:
• How would the Legal Services Ombud ensure our commitment to legal ethics
and to ensure professional responsibility within the profession?
• Access to justice:
• Why is access to justice important?
• Code of Conduct:
• Why is the Code of Conduct important in ensuring our commitment to legal
ethics and ensuring professional responsibility within the profession?