LJU4802
Assignment 1
Semester 2
2023
,QUESTIONS:
Question 1
Cite the legislation that currently regulates the attorney’s profession in South
Africa.
Legal Practice Act 28 of 2014.
the legislation that regulates the attorney's profession in South Africa is
the Legal Practice Act No. 28 of 2014. This Act consolidated and
reformed the law regulating legal practitioners (attorneys and
advocates), candidate legal practitioners and juristic entities. It also
established the Legal Practice Council and Provincial Councils, and made
provisions for the Legal Services Ombud and the Legal Practitioners’
Fidelity Fund.
Question 2
2.1 Name the applicant in this case.
The Legal Practice Council is the controlling body for the legal profession
in South Africa.
2.2 Describe the purpose of the applicant.
In accordance with the Legal Practice Act (LPA) Act No. 28 of 2014, the
Legal Practice Council (LPC) was duly constituted. The LPC operates as a
national, statutory body, its scope and influence extending throughout
South Africa, mandated with the authority to regulate the professional
conduct and affairs of all legal
1
, practitioners within the aforementioned jurisdiction.1 As defined within the
context of the LPA, the term 'legal practitioner' denotes any attorney or
advocate who has been lawfully admitted and subsequently enrolled
under the regulations stipulated by the LPA.
Question 3
3.1 What relief did counsel for the applicant request from the court in
this case?
In the course of proceedings, counsel representing the applicant
proposed that, in consideration of the aforementioned circumstances,
the court should mandate a suspension period of six months for the
respondent. During this suspension, it is further recommended that the
respondent be prohibited from independent practice, instead, they
should operate solely under the auspices of a senior attorney's
supervision.
3.2 Explain on what grounds this relief was requested from the court.
The plea for this relief was predicated on two primary grounds. Firstly,
counsel representing the respondent submitted that the respondent
exhibits profound remorse for his actions. In a proactive effort to rectify
his professional conduct, the respondent has enrolled in a practice
management course, sponsored by the Law Society of South Africa.
Secondly, it is noteworthy to acknowledge that this constitutes the
respondent's initial transgression, hence, there is no record of any prior
misconduct on his part. These two factors collectively underscore the
respondent's commitment to ameliorating his professional conduct and
avoiding recurrence of such offenses in the future.
2
Assignment 1
Semester 2
2023
,QUESTIONS:
Question 1
Cite the legislation that currently regulates the attorney’s profession in South
Africa.
Legal Practice Act 28 of 2014.
the legislation that regulates the attorney's profession in South Africa is
the Legal Practice Act No. 28 of 2014. This Act consolidated and
reformed the law regulating legal practitioners (attorneys and
advocates), candidate legal practitioners and juristic entities. It also
established the Legal Practice Council and Provincial Councils, and made
provisions for the Legal Services Ombud and the Legal Practitioners’
Fidelity Fund.
Question 2
2.1 Name the applicant in this case.
The Legal Practice Council is the controlling body for the legal profession
in South Africa.
2.2 Describe the purpose of the applicant.
In accordance with the Legal Practice Act (LPA) Act No. 28 of 2014, the
Legal Practice Council (LPC) was duly constituted. The LPC operates as a
national, statutory body, its scope and influence extending throughout
South Africa, mandated with the authority to regulate the professional
conduct and affairs of all legal
1
, practitioners within the aforementioned jurisdiction.1 As defined within the
context of the LPA, the term 'legal practitioner' denotes any attorney or
advocate who has been lawfully admitted and subsequently enrolled
under the regulations stipulated by the LPA.
Question 3
3.1 What relief did counsel for the applicant request from the court in
this case?
In the course of proceedings, counsel representing the applicant
proposed that, in consideration of the aforementioned circumstances,
the court should mandate a suspension period of six months for the
respondent. During this suspension, it is further recommended that the
respondent be prohibited from independent practice, instead, they
should operate solely under the auspices of a senior attorney's
supervision.
3.2 Explain on what grounds this relief was requested from the court.
The plea for this relief was predicated on two primary grounds. Firstly,
counsel representing the respondent submitted that the respondent
exhibits profound remorse for his actions. In a proactive effort to rectify
his professional conduct, the respondent has enrolled in a practice
management course, sponsored by the Law Society of South Africa.
Secondly, it is noteworthy to acknowledge that this constitutes the
respondent's initial transgression, hence, there is no record of any prior
misconduct on his part. These two factors collectively underscore the
respondent's commitment to ameliorating his professional conduct and
avoiding recurrence of such offenses in the future.
2
