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Summary PAPER 3 - ADMISSION FOR ATTORNEY - PRACTICE MANAGEMENT

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NOTES FOR BOARD EXAMINATIONS - COMPETENCY BASED EXAMINATION FOR ATTORNEYS PAPER 3. CONSTITUTIONAL PRACTICES, LEGAL ETHICS, LABOUR DISPUTE RESOLUTION, ALTERNATIVE DISPUTE RESOLUTION, MATRIMONIAL LAW, LEGAL COSTS, CONTRACT, CYBER LAW AND INTRODUCTION TO PRACTICE MANAGEMENT

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Uploaded on
July 6, 2025
Number of pages
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Written in
2024/2025
Type
Summary

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INTRODUCTION TO PRACTICE
MANAGEMENT
THE REGULATORY REQUIREMENTS FOR LEGAL PRACTITIONERS WITH THE
LEGAL PRACTICE COUNCIL

The Legal Practice Council (LPC) regulates admission, conduct, and discipline of legal
practitioners.
The Legal Practice Council (LPC) is the statutory body that regulates attorneys and
advocates in South Africa.
Legal practitioners must adhere to ethical standards, continuing professional
development (CPD), and trust account regulations.
Admission Requirements: Governed by the Legal Practice Act (LPA), 28 of 2014.
Completion of an LLB degree from an accredited institution.
Completion of practical vocational training (PVT).
Successful completion of the admission examinations set by the LPC.
Compliance with FICA and trust account regulations if managing client funds.
Code of Conduct: Outlines professional behavior, conflict of interest, and client care
duties.
Trust Accounts Compliance: Must be audited annually to prevent mismanagement of
client funds.

, STARTING A PRACTICE AND CLOSING A PRACTICE

Starting a Practice:
Must be registered with the Legal Practice Council (LPC).
Obtain a Fidelity Fund Certificate if handling trust money.
Ensure compliance with POPIA and FICA for data security and anti-money laundering
measures.
Set up trust accounts and business banking accounts.
Draft standard engagement agreements and fee structures.
Comply with tax and VAT registration through the South African Revenue Service
(SARS).
Implement risk management strategies for cybersecurity, data protection, and
compliance.
Establish clear fee structures and retainer agreements for client engagement.

Closing a Practice:
Notify the LPC, employees and clients in writing.
Arrange for transfer of active client matters and final billing.
Settle outstanding liabilities, including SARS obligations and employee contracts.
Conduct final trust account audits and submit records to the LPC.
If applicable, transfer case files to another firm or archive them securely as per LPC
regulations.
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