[27] Rule 54.29 of the LPC Rules states that, in order to be eligible for a trust fund certificate, a manager must ensure that an unqualified audit or inspection report is provided to all firms of which the manager is or has been a partner, director or sole practitioner during the reporting period and is submitted to the Board in a timely manner. The respondent`s audit opinion for the period up to February 29, 2016 was to be submitted to the Law Society/LPC pursuant to section 70 of the former Law Society Rules of Procedure. [9] The term “trainee lawyer” is also defined as a person undergoing professional training, either as a trainee lawyer or as a student. [21] In the CPL version, a trust fund certificate serves an important function. Its purpose is to protect the public from monetary damage caused by the theft of trust funds by a practising lawyer or persons employed by a lawyer. It is essentially a license allowing practitioners of escrow accounts to practice on their own account. A trust fund certificate is valid until December 31 of the year in which it is issued. (2) The High Court shall authorise him, as a lawyer, intermediary or notary, or any person who, on application to the court, demonstrates to the court that he: (d) has passed a competency-based examination or assessment for prospective legal practitioners in accordance with the Rules of Procedure. (aa) the majority of its members shall be legal practitioners; and [13] The AHR Act regulates ethics and disciplinary proceedings against lawyers. [14] However, only the High Court may withdraw his name from the list of legal practitioners[15] and retains jurisdiction to decide questions concerning the conduct of lawyers. [16] [34] In the affidavit in support of direct access to the Constitutional Court, the Respondent stated that “the judge of the Court a quo (artist J) relied on third-party information that was not contained in the documents before him and that was not relevant to the issues to make the false mandatory order of May 6, 2019, shall be brought against the action`. The respondent filed an application for reconsideration of its last application pursuant to paragraph 17(2)(f) of the Superior Courts Act. In his affidavit, he asserted that the LPC, by its nature, discriminated against independent counsel; Ms.

Dlepu perjured herself, concealed facts and falsified statements. After the respondent`s application to the Supreme Court of Appeal was dismissed under section 17 § 2 (f) of the Superior Courts Act, he applied to the Constitutional Court. He made the following allegations in his affidavit that the LPC`s conduct is diabolical and deliberately deceptive, and that deception constitutes fraud, perjury and bribery; the LPC is an unconstitutional body and the Law on Legal Practice is an unconstitutional law. The South African legal practitioner examines the main principles of legal practice in South Africa and the main implications of the new law on legal practice. The authors compare the existing legal situation with the new exemption provided for by law. (1) Except as otherwise provided by law, no person other than a practising lawyer admitted and registered as practising lawyer within the meaning of this Act shall, in anticipation of an honorary, commission, prize or award, • Civil service Trainee lawyers could be required to perform community service as part of professional training, But this is not yet covered by the Rules of Procedure. The requirements for admission of lawyers (lawyers or lawyers) to South Africa are currently set out in the Legal Practice Act 28 of 2014 and the rules promulgated under the Act. This is an academic qualification, a service under a Professional Training Practice Contract (PVTC), a compulsory legal internship and personal skills. All of this must be met before a candidate can be admitted to the bar or bar. In addition, all individuals wishing to enter the profession must pass a competency-based examination determined by the Council on Legal Practice. (v) does not provide the legal services specified by the Council in its rules of procedure.

(c) has met all practical professional training requirements prescribed by the Minister as a trainee lawyer, including, (1) A lawyer may provide legal services in anticipation of a fee, commission, profit or reward under this Act or any other applicable Act if the lawyer receives a request directly from the public for that service. This is the first comprehensive legal practice manual under the new Act, covering the new South African Council of Legal Practice, entry into the profession, fees and costs, professional conduct and discipline, the Loyalty Fund, Trust Fund Management, the new Professional Training and Skills Assessment Regime, and the impact of the AHR Act on funders and notaries. (1) A person is entitled to be admitted and registered as a lawyer if the person: – [23] The continued practice of such a practitioner without being in possession of a trust fund certificate is contrary to mandatory provisions of the Act. In that context, Article 84(1) of that law provides: (2) No person other than a lawyer may claim to be a lawyer or make a statement or use any kind or description whatsoever which indicates or implies that he is a lawyer. [25] It is alleged that the Respondent did not pay his dues for the years 2016, 2017, 2018, 2019 and 2020 to the Law Society/LPC. A total of R12,817.00 of the respondent`s membership fee is still due. It is alleged that the respondent consistently treated the Law Society and LPC in a dismissive and contemptuous manner and was unwilling to submit to the regulation and supervision of the LPC. Rule 104 of the former Law Society Constitution provided that legal practitioners must ensure that they understand and respect the effects of the Act. [16] In exercising its discretion, the Tribunal initiates a three-stage inquiry. The first inquiry is for the court to decide whether the alleged unlawful conduct was established on a balance of probabilities. This is a factual investigation.

Once the court is satisfied that the unlawful conduct has been established, the second question is whether the practitioner concerned is fit and able to continue practicing. This investigation involves a value judgment in which the conduct complained of is weighed against the conduct expected of a lawyer. If the court considers that the practitioner is not fit and able to practise as a lawyer, the third question is whether the practitioner concerned should in all circumstances be struck off the roll of lawyers or whether an order excluding him from the practice of the profession for a certain period is sufficient. This depends on factors such as the nature of the conduct complained of, the extent to which it reflects the character of the person or shows that he or she is unworthy of remaining in the ranks of an honourable profession, the likelihood or improbability of a recurrence of such conduct, and the need to protect the public. At the end of the day, it is a matter of degree. In deciding whether a lawyer should be removed from the list or suspended from the practice of the profession, the court does not primarily impose a penalty. The main objective is to protect the public. 2020.11.25_ RULE 16A NOTICE SECOND RESPONSE AFFIDAVIT _RAF-CPA Transmitted: This judgment was transmitted electronically by e-mail to the parties` representatives, published on the Supreme Court of Appeal website and transmitted to SAFLII. The date and time of delivery is 10:00 am on 2:00 pm.

December 2020. [17] A lawyer is obliged to strictly observe and comply with the provisions of the law, the rules issued on its basis and the code of conduct. The respondent belongs to a learned, respected and honourable profession and, in taking the oath, has committed himself with complete and unquestionable integrity to society, the courts and the profession. 4.8 – Readmission of previously dismissed lawyers. Appendix_6 – Code of conduct for legal practitioners, legal practitioners and legal persons.