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LJU4802
Assignment 1 Semester 1 2024
Unique number: NA
QUESTION 1
The Legal Practice Council of South Africa was the applicant in the Mamabolo case.1
1.2
The Legal Practice Council of South Africa's aim is to oversee the professional
behaviour of legal practitioners in compliance with the Legal Practice Act No 28 of
2014. This involves overseeing the behaviour of practitioners and ensuring they
adhere to applicable laws and ethical standards.2 The Council is responsible for
addressing any misconduct by legal practitioners and ensuring that they work with
honesty and integrity in the best interests of their clients.
1 Legal Practice Council of South Africa v Mamabolo (59026/2019) [2022] ZAGPPHC 505 (13 July 2022)
Para 1
2 Legal Practice Act No 28 of 2014, Section 14
, QUESTION 2
2.1
The Legal Practice Act No 28 of 2014 (LPA) is the current legislation that governs the
attorney's profession.
2.2
A professional code of legal ethics is a set of norms and principles that regulate the
behaviour and conduct of legal professionals. The primary objectives of such a code
are:
• Advocating for integrity and honesty in the legal field
• Ensuring clients' trust and confidence in legal practitioners by safeguarding
their interests.
• Maintaining the reputation and standards of the legal profession
QUESTION 3
3.1
Attorneys must possess a Fidelity Fund Certificate to manage the funds of their clients
or adversaries. This certificate guarantees that the attorney can responsibly and
lawfully handle and manage entrusted funds. Furthermore, any funds held or received
by an attorney for clients must be placed in a distinct trust bank account. This account
is exclusively allocated for holding client funds and is maintained separately from the
attorney's personal or company accounts. Money in the trust banking account is not
owned by the attorney. If there is a shortage, the Fidelity Fund can potentially retrieve
the lost monies. The restrictions are implemented to safeguard clients' interests and
guarantee the honest and transparent handling of their assets.
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