, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Read The Legal Practice Council v Hanno Erasmus Steffen, Case no:13048/23 and answer
the questions here below.
1. Who brought the application that the respondent be struck off the role?
The application to have the respondent struck off the roll was brought by the Legal Practice
Council (LPC)
2. Cite the legislation that currently regulates the attorney’s profession in South Africa.
The attorney’s profession in South Africa is currently regulated by the Legal Practice Act 28 of
2014.
3. Explain why an attorney must have a Fidelity Fund certificate and practise with a trust
banking account.
An attorney must have a Fidelity Fund certificate and practise with a trust banking account
because:
A trust account ensures that money belonging to clients (such as purchase funds, deposits, or
fees for conveyancing and transfers) is kept separate from the attorney’s own funds. This
prevents misuse or misappropriation.
A Fidelity Fund certificate, issued annually by the Legal Practice Council, is compulsory for
practising attorneys who handle trust monies. It protects the public, because the Legal
Practitioners’ Fidelity Fund indemnifies clients against theft of money held in trust by
attorneys.
Without such safeguards, clients’ funds would be vulnerable to dishonesty, as seen in this case
where Steffen misappropriated millions of rand in trust money
.
4. With reference to case law, describe the three-stage enquiry that a court applies to determine
whether a person is fit and proper to practise as an attorney.
The courts apply a three-stage enquiry:
Establish misconduct – the court first determines, on a balance of probabilities, whether the
alleged misconduct has been proven.
Fit and proper test – the court then decides whether, in light of the misconduct, the attorney is a
“fit and proper” person to continue to practise. This requires a value judgment by comparing
the conduct with what is expected of attorneys.
Appropriate sanction – finally, the court decides whether the misconduct warrants being struck
from the roll or whether a suspension would suffice.
This approach was confirmed in Jasat v Natal Law Society 2000 (3) SA 44 (SCA) and Summerley v
Law Society of the Northern Provinces 2006 (5) SA 613 (SCA)
Read The Legal Practice Council v Hanno Erasmus Steffen, Case no:13048/23 and answer
the questions here below.
1. Who brought the application that the respondent be struck off the role?
The application to have the respondent struck off the roll was brought by the Legal Practice
Council (LPC)
2. Cite the legislation that currently regulates the attorney’s profession in South Africa.
The attorney’s profession in South Africa is currently regulated by the Legal Practice Act 28 of
2014.
3. Explain why an attorney must have a Fidelity Fund certificate and practise with a trust
banking account.
An attorney must have a Fidelity Fund certificate and practise with a trust banking account
because:
A trust account ensures that money belonging to clients (such as purchase funds, deposits, or
fees for conveyancing and transfers) is kept separate from the attorney’s own funds. This
prevents misuse or misappropriation.
A Fidelity Fund certificate, issued annually by the Legal Practice Council, is compulsory for
practising attorneys who handle trust monies. It protects the public, because the Legal
Practitioners’ Fidelity Fund indemnifies clients against theft of money held in trust by
attorneys.
Without such safeguards, clients’ funds would be vulnerable to dishonesty, as seen in this case
where Steffen misappropriated millions of rand in trust money
.
4. With reference to case law, describe the three-stage enquiry that a court applies to determine
whether a person is fit and proper to practise as an attorney.
The courts apply a three-stage enquiry:
Establish misconduct – the court first determines, on a balance of probabilities, whether the
alleged misconduct has been proven.
Fit and proper test – the court then decides whether, in light of the misconduct, the attorney is a
“fit and proper” person to continue to practise. This requires a value judgment by comparing
the conduct with what is expected of attorneys.
Appropriate sanction – finally, the court decides whether the misconduct warrants being struck
from the roll or whether a suspension would suffice.
This approach was confirmed in Jasat v Natal Law Society 2000 (3) SA 44 (SCA) and Summerley v
Law Society of the Northern Provinces 2006 (5) SA 613 (SCA)
