LJU4802 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 (733857) -
DUE 10 September 2025
FOR FURTHER ASSISTANCE
PLEASE CONTACT
, Question 1: Who brought the application that the
respondent be struck off the roll? (1 mark)
The application to strike an attorney off the roll is ordinarily brought by the relevant provincial
law society (under the old Attorneys Act) or, under the current legislative regime, by the Legal
Practice Council (LPC) established in terms of the Legal Practice Act 28 of 2014 (LPA).
The LPC, as the regulatory body for attorneys, has the statutory duty to protect the integrity of
the legal profession and the public. Where it believes that a practitioner’s conduct renders them
unfit to remain on the roll, it may approach the High Court for an order striking the attorney off
or suspending them from practice.
👉 In this case, the Legal Practice Council (previously the Law Society) brought the
application.
Question 2: Cite the legislation that currently regulates the
attorney’s profession in South Africa. (1 mark)
The profession is currently regulated by the Legal Practice Act 28 of 2014 (LPA).
This Act replaced the Attorneys Act 53 of 1979 and the Admission of Advocates Act
74 of 1964.
Its purpose is to unify the legal profession, establish the Legal Practice Council, and
provide a framework for the admission, enrolment, and regulation of both attorneys and
advocates.
The Act also introduces measures relating to professional conduct, fidelity fund
certificates, trust accounts, and disciplinary procedures.
Thus, the Legal Practice Act 28 of 2014 is the current legislation governing attorneys.
Question 3: Explain why an attorney must have a Fidelity
Fund certificate and practise with a trust banking account.
(3 marks)
1. Fidelity Fund Certificate
(COMPLETE ANSWERS)
Semester 2 2025 (733857) -
DUE 10 September 2025
FOR FURTHER ASSISTANCE
PLEASE CONTACT
, Question 1: Who brought the application that the
respondent be struck off the roll? (1 mark)
The application to strike an attorney off the roll is ordinarily brought by the relevant provincial
law society (under the old Attorneys Act) or, under the current legislative regime, by the Legal
Practice Council (LPC) established in terms of the Legal Practice Act 28 of 2014 (LPA).
The LPC, as the regulatory body for attorneys, has the statutory duty to protect the integrity of
the legal profession and the public. Where it believes that a practitioner’s conduct renders them
unfit to remain on the roll, it may approach the High Court for an order striking the attorney off
or suspending them from practice.
👉 In this case, the Legal Practice Council (previously the Law Society) brought the
application.
Question 2: Cite the legislation that currently regulates the
attorney’s profession in South Africa. (1 mark)
The profession is currently regulated by the Legal Practice Act 28 of 2014 (LPA).
This Act replaced the Attorneys Act 53 of 1979 and the Admission of Advocates Act
74 of 1964.
Its purpose is to unify the legal profession, establish the Legal Practice Council, and
provide a framework for the admission, enrolment, and regulation of both attorneys and
advocates.
The Act also introduces measures relating to professional conduct, fidelity fund
certificates, trust accounts, and disciplinary procedures.
Thus, the Legal Practice Act 28 of 2014 is the current legislation governing attorneys.
Question 3: Explain why an attorney must have a Fidelity
Fund certificate and practise with a trust banking account.
(3 marks)
1. Fidelity Fund Certificate
