Fit and Proper Person

Question 1

What is considered a Fit and Proper Person?

Answer 1

1. a person must show integrity, reliability and honesty, as these are the characteristics which could affect the relationship between a lawyer and a client or a lawyer and the public.

Question 2

What is the three stage enquiry for declaring that one should be removed?

Answer 2

1. The offending conduct must be considered on a balance of probabilities
2. The court must consider whether the person is not fit and proper to continue practising
3. The court must consider, in the public interest, whether the person is to be struck off the roll of attorneys or suspended from practise

Question 3

What are the The minimum qualities of

any legal practitioner

Answer 3

1. ‘integrity - impeccable honesty or an antipathy to doing anything dishonest or irregular for the sake of personal gain
2. objectivity – no irrelevant consideration whatsoever should bear upon one’s judgment,
3. dignity – practitioners should conduct themselves in a dignified manner, and should also maintain the dignity of the court,
4. the possession of knowledge and technical skills,
5. a capacity for hard work,
6. a respect for the legal order and
7. a sense of equity or fairness.’