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Legal Practice Act 28 of 2014
Legal Practice Act 28 of 2014
Legal Practice Act 28 of 2014
V. LEGAL PRACTICE
P R E AM BL E/ F UN C T I ON O F T H E A CT :
P U R P O SE OF T H E A CT :
C OM P O S I TI ON OF C O UN C IL
COMPOSITION OF COUNCIL
FIDELITY
LEGAL TEACHERS FIT & PROPER SA LEGAL
FUND
PRACTITIONERS OF LAW PERSONS AID
BOARD
16 2 3 1 PERSON 1 PERSON
SECTION 36 – 44
The Council must develop a code of conduct and establish disciplinary committees
III. LEGAL PRACTITIONERS
R E GU L AT I ON O F L E G AL PR AC TI T I ON ERS
SECTION 24
The Minister may determine the right of foreign legal practitioners to practice in SA
R IG H T OF AP P E A R AN C E
❖ SECTION 25
Legal practitioners are entitled to practice throughout SA
❖ RIGHT OF APPEARANCE
High Court
Supreme Court of Appeal IF IN PRACTICE FOR LONGER THAT 3 YEARS + LLB
Constitutional Court
❖ CANDIDATE ATTORNEYS
MAY NOT APPEAR IN
• The High Court
• The Supreme Court of Appeal
• The Constitutional Court
MAY ONLY APPEAR IN
• The REGIONAL DIVISION OF THE MAGISTRATE COURT
• If practiced as an advocate for 1 year
• Or if completed 1 year of vocational training
R E Q UI ER M EN T S F OR ADM I S S I ON
SECTION 26
5 requirements
1. LLB degree
2. Practical vocational training
3. Community service
4. Legal practice management course
5. Passed examination/assessment
R E GI S TR A TI ON A S A L E G AL P R AC TI T ION ER
❖ SECTION 30
Must apply to the Council once admitted for enrolling your name on the Roll of Legal
❖ SECTION 31
Cancellation or suspension of registration
❖ SECTION 32
Conversion of registration at any time
attorney-advocate-attorney
IV. LEGAL SERVICES
A U T H O RI T Y T O R EN D ER L EG A L S ER VI CE S
SECTION 33
Only legal practitioners may
o Appear in any court/board/tribunal in expectation of any fee
o Draw up pleadings
IF NOT QUALIFIED
o No person may hold himself out as a legal practitioner
o No person may imply to be a legal practitioner
F E E S IN R E S P E CT OF L EG AL S ER V I C E S
SECTION 35
The SA Law Reform Commission must within 2 years report back to the Minister about determining fees:
o Maximum tariffs
o Access to justice
L EG A L S ER V IC E S O MB UD
SECTION 45 – 52
To protect and promote the public interest
Ensure fair and effective investigation of complaints
Promote high standards of integrity
Promote the independence of the profession
V. LEGAL PRACTICE
F OR M S O F L E G AL P R AC TI C E
RECOGNITION OF PARALEGALS
VI. FIDELITY FUND
LEGAL PRACTITIONER’S FIDELITY FUND
L I AB IL IT Y OF F UN D
❖ SECTION 55
❖ During the course of the practice of the attorney or an advocate the fund is liable to reimburse
persons who suffer PATRIMONIAL LOSS such as
Pecuniary loss as a result of theft of any money given in trust to a trust account practice
Pecuniary loss as a result of theft of any property other than money given in trust to a
trust account practice
L IM IT A T ION OF L I AB IL IT Y OF F UN D
❖ SECTION 56
❖ NO PERSON HAS A CLAIM AGAINST THE FUND REGARDING ANY THEFT UNLESS
Written notice of the claim is given to the Council within 3 months after the claimant
became aware of the theft or by the use of reasonable care should have become aware of
the theft
Within 6 months after a written demand has been sent to the claimant by the Board, the
claimant provides the Board with proof that the Board may reasonably require
❖ ANY ACTION AGAINST THE FUND REGARDING LOSS SUFFERED BY ANY PERSON AS A RESULT OF
THEFT COMMITTED MUST BE INSTITUTED WITHIN 1 YEAR
VII. TRUST MONIES