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The South African Legal Practitioner A commentary on the Legal Practice Act

Publication Language: English

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ISBN/ISSN: 060LEGPRACSYS
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ISBN/ISSN: MOB0409108804
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The South African Legal Practitioner: A commentary on the Legal Practice Act is the first comprehensive handbook on legal practice under the new Act.

The Legal Practice Act 28 of 2014 comes into full force in February 2018. It will bring about dramatic change to the practice of law. The National Forum on the Legal Profession published a new code of conduct governing the legal profession (attorneys and advocates). This new publication discusses the code of conduct. However, the National Forum still has to make rules and recommendations to the Minister for purposes of regulations

The South African Legal Practitioner explores the most important principles underlying the practice of law in SA and the significant consequences of the new Legal Practice Act. The authors compare the existing legal position with what is anticipated to be the new dispensation under the Act.

The Legal Practice Act is expected to come into force in 2018 and legal practitioners need to ensure they understand the implications of the Act and comply accordingly.

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Table of contents

Preface

CHAPTER_1 - Introduction

1.1 - Legal Practice defined

1.2 - Regulation and independence

1.3 - International acceptance of the principle of independence

1.4 - Domestic acceptance of the principle of the independence

1.5 - The meaning of the independence.

1.6 - The divided bar and the referral rule

CHAPTER_2 - The South African Legal Practice Council

2.1 - Legal Practice defined.

2.2 - The History of regulatory structures in the legal professions.

2.3 - The South African Legal Practice Council.

2.4 - Provincial Councils

CHAPTER_3 - Voluntary Associations

3.1 - Existing voluntary associations.

3.3 - The present role of voluntary associations.

The future role of voluntary associations.

CHAPTER_4 - Entry into the Professions

CHAPTER_4.1 - The principle of curial supervision.

4.2 - Requirements for admission.

4.3 - enrolment with the Council.

4.4 - Suspension or cancellation of enrolment

4.5 - Conversion of enrolment.

4.6 - Authority to render legal services.

4.7 - Citizenship and foreign legal practitioners.

4.8 - Re-admission of previously struck-off legal practitioners.

CHAPTER_5 - Forms of Legal Practice

5.1 - The existing position

5.2 - The relationship between attorney, client and advocate.

5.3 - Forms of practice under the Legal Practice Act.

CHAPTER_6 - Fees and Costs

6.1 - The general principle reasonableness

6.2 - The investigative by the Law Reform Commission

6.3 - The Contingency Fees Act.

CHAPTER_7 - Professional Conduct and Discipline

7.1 - Introduction

7.2 - The rules of professional conduct.

7.3 - The standard of the “fit and proper person�

7.4 - The duties of a legal practitioner to uphold the Constitution.

7.5 - The duties of a legal practitioner towards the court.

7.6 - The duties of a legal practitioner towards the client.

7.7 - Legal practitioners duties towards third parties.

7.8 - The principle of curial oversight.

7.9 - The role of the Council.

7.10 - The role of the Ombud

7.11 - The Code of Conduct

CHAPTER_8 - The Legal Practitioners Fidelity Fund

8.1 - Introduction

8.2 - The composition of the Board.

8.3 - Powers and functions of the Board.

8.4 - Actuarial oversight over the Fund.

8.5 - Audit requirements.

8.6 - Contributions to the Fund.

8.7 - Claims against the Fund.

CHAPTER_9 - Handling of Trust Monies

9.1 - Introduction

9.2 - Trust accounts practice.

9.3 - Powers of the Council

9.4 - Advocates

9.5 - Fidelity Fund and trust accounts.

9.6 - Accounting Provisions

9.7 - Powers of the High Court and curators.

CHAPTER_10 - National Forum and Transitional Provisions.

10.1 - Introduction

10.2 - Establishment of the National Forum.

10.3 - Terms of reference of the National Forum.

10.4 - Powers and functions of the National Forum.

10.5 - Chairperson and deputy chairperson of the National Forum.

10.6 - Termination of office.

10.7 - Removal from office.

10.8 - Vacancies in the National Forum and lifting thereof.

10.9 - Meetings and quorum of the National Forum.

10.10 - Finances, expenditure and accountability of the National Forum.

10.11 - Rules and regulations.

10.12 - Abolition and Fidelity Funds in former homelands.

10.13 - Other transitional provisions.

Appendices -

Appendix_1 - Legal Practice Act No. 28 of 2014.

Appendix_2 - Contingency Fees Act No. 66 of 1997.

Appendix_3 - Determination of Professional Controlling Body, and Contingency Fees Agreement.

Appendix_4 - General Council of the Bar of South Africa: Uniform Rules of Professional Conduct.

Appendix_5 - Rules for the Attorneys Profession.

Appendix_6 - Code of conduct for legal practitioners, candidate legal practitioners and judicial entities.

Table of Cases