LJU4802
Assignment 1
Unique No:
Due 10 September 2025
, Professional Ethics
Question 1
The Legal Practice Council (LPC) brought the application to have the respondent struck
from the roll of legal practitioners (Legal Practice Council v Steffen, 2024, para. 1).
Question 2
The regulation of attorneys in South Africa is governed by the Legal Practice Act 28 of
2014, which sets out the framework for the admission, conduct, and discipline of legal
practitioners (Republic of South Africa, 2014).
Question 3
Attorneys are required to hold a Fidelity Fund certificate and operate a trust account, as
these obligations are statutory safeguards aimed at protecting clients’ money and
maintaining public confidence in the profession.
Section 85 of the Legal Practice Act obliges any practising attorney who handles
client funds to have a valid Fidelity Fund certificate (Republic of South Africa,
2014, s. 85).
Section 86 requires attorneys to run a trust banking account, which ensures that
clients’ money is kept separate from the attorney’s personal or business
accounts (Republic of South Africa, 2014, s. 86).
In cases where theft or dishonesty occurs, affected clients may claim limited
compensation from the Legal Practitioners’ Fidelity Fund—protection that is only
available if the attorney holds a Fidelity Fund certificate (University of South
Africa, 2025, p. 5).
Question 4
When deciding whether a legal practitioner remains fit and proper to practise, the courts
follow a three-stage enquiry:
1. Proof of misconduct – The court must first establish whether the allegations
against the attorney have been proven on a balance of probabilities.
Assignment 1
Unique No:
Due 10 September 2025
, Professional Ethics
Question 1
The Legal Practice Council (LPC) brought the application to have the respondent struck
from the roll of legal practitioners (Legal Practice Council v Steffen, 2024, para. 1).
Question 2
The regulation of attorneys in South Africa is governed by the Legal Practice Act 28 of
2014, which sets out the framework for the admission, conduct, and discipline of legal
practitioners (Republic of South Africa, 2014).
Question 3
Attorneys are required to hold a Fidelity Fund certificate and operate a trust account, as
these obligations are statutory safeguards aimed at protecting clients’ money and
maintaining public confidence in the profession.
Section 85 of the Legal Practice Act obliges any practising attorney who handles
client funds to have a valid Fidelity Fund certificate (Republic of South Africa,
2014, s. 85).
Section 86 requires attorneys to run a trust banking account, which ensures that
clients’ money is kept separate from the attorney’s personal or business
accounts (Republic of South Africa, 2014, s. 86).
In cases where theft or dishonesty occurs, affected clients may claim limited
compensation from the Legal Practitioners’ Fidelity Fund—protection that is only
available if the attorney holds a Fidelity Fund certificate (University of South
Africa, 2025, p. 5).
Question 4
When deciding whether a legal practitioner remains fit and proper to practise, the courts
follow a three-stage enquiry:
1. Proof of misconduct – The court must first establish whether the allegations
against the attorney have been proven on a balance of probabilities.
