- Understand who the role players are in the public and private spheres, understand what it means to be deemed ‘fit and proper’ and how this connects to possible professional and constitutional discrimination, understand the amendments to the Legal Practice Act 28 of 2014 and the implication th...
JURISPRUDENCE 110
Chapter 14 summary
Outcomes
- Understand who the role players are in the public and private spheres
- Understand what it means to be deemed ‘fit and proper’ and how this connects to possible professional and
constitutional discrimination
- Understand the amendments to the Legal Practice Act 28 of 2014 and the implication thereof on the legal
profession
- Investigate the impact of legal fees on access to justice
- Investigate some ethical questions and conduct that applies to the relationship between lawyer and client
Private: Attorney
- Has 2 bank accounts
o Firm’s bank account
o Trust account
▪ Deposits/ contingency fees from client
▪ Not for the attorney
- Appearance
o Magistrate court
o High/ constitutional/ supreme court
▪ Must apply
• Working for more than 3 years
• See if fit and proper
• Person has gained appropriate experience
• Not had name struck off the Roll
- Conveyancer
o Attorney who writes an additional exam
o Specializes in registration of land immovables
▪ Terms of buying land
- Notary
o With LLB who did an notary exam
o Specialised in drafting contracts
- Admission & enrolment
o Admitted and enrolled to practise
o High Court must admit to practise and authorise to be enrolled as a legal practitioner,
conveyancer or notary who satisfies to the court that they are
▪ Duly qualified as set out in section 26
▪ South African citizen/ permanent resident
▪ Fit and proper
▪ Has served a copy of application to the council
o Have to
▪ Satisfy requirements for LLB
▪ Practical vocational training
▪ Community service
▪ Passed a competency-based examination
- Office personnel
o Sometimes hold legal qualifications
▪ Candidate attorneys
▪ secretaries
▪ other members of staff in
• firms of attorneys
• in advocates’ chambers
o qualifications may be f great benefit to hem in their daily professional work
, - Legal advisor
o Many companies and financial institutions have lawyers as permanent members of staff
o In addition to an LLB degree, useful for a lawyer to have BCom degree
▪ Profession opens possibilities for lawyers to rise to managerial positions
Private: Advocate
- Litigation specialist
o Understands how the court works
o Has critical and oral skills
- Needs vocational training
o Pupillage – 12 months for free
- Amendment
o Legal practice Act of 2014; only came into effect in 2018
▪ Concerned with
• Transformation
• Access to justice
o Major changes
▪ Previously an advocate had to get a brief from the attorney
▪ Client and the advocate can be in contact from the beginning
• Can get clients from the beginning
▪ Legal costs – no attorney really needed
▪ Previously there was a law society and a general council of the bar (advocates)
• Now we have 1 council; legal practice council
- Another change – compulsory community service
- May only render those legal services
o Needs fidelity fund certificate
o Notified the Council
Legal Practice Act 28 of 2014
Transformation
- One body: Legal Practice Council
- Advocates
o Direct access to clients if requirements met
o Needs fidelity fund certificate
- 1 regulatory body for advocates and attorneys
o Both legal practitioners
Access to justice
- Community service
- Direct contact with advocates
- Trying to remove barriers
o E.G. requirements for law firms
▪ Driving license
- Re-evaluation of fees
o Legal scale
o Certain cases
- Community service
- E.G
o Legal aid
o Alternative Dispute Resolution: ADR
o Pro-bono work
- Bill of rights: minimum protection
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