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
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
