LPA 28 of 2014

Question 1

Objectives (Preamble) of the Legal Practice Act

Answer 1

• Provide a legislative framework
• Ensure the Constitutional values
• Ensure affordable legal services
• Regulate the profession in the public interest
• Removes barriers for entry into the profession
• Ensure the accountability of the profession

Question 2

Purpose of the Act

Answer 2

1) To restructure and transform the profession

2)Broaden access to justice by
* Fees chargeable (by implementing a capping of fees so that there’s a maximum fee in which all attorneys are allowed to charge their clients)
* Community Service
* Equal opportunities

3)Create a single unified statutory body known as the LPC (Legal practice council)
which has replaced the former law societies of SA and the general law council which form the umbrella body for advocates

4) Protect and promote the public interest

5) Provide for the establishment of the Office of the Legal Service Ombud

6) Provide a fair, effective, efficient and transparent procedure for the resolution of complaints against legal practitioners and candidate legal practitioners.

7) Create a framework for:
a)Development and maintenance of appropriate professional and ethical norms and standards
b) Regulation, admission and enrolment of legal practioners
c) Development of adequate training programmes for legal
practioners and candidate legal practioners.

Question 3

Section 5 of the LPA

Answer 3

Objects of the Council

Question 4

Section 6 of the LPA

Answer 4

Powers, duties and functions

Question 5

Section 7 of the LPA

Answer 5

– Composition of Council
Ø 16 Legal Practioners
§ 10 attorneys + 6 advocates
Ø 2 Teachers of Law
Ø 3 persons appointed by the Minister
Ø 1 Person from the Fidelity Fund Board
Ø 1 Person from Legal Aid SA

Question 6

Section 8 – 23 of the LPA

Answer 6

Membership & Operation of Council

Question 7

Requirements for the admission (regulations of) of legal practitioners (Both attorneys and advocates) ito s24 of LPA

Answer 7

Sec 24 of LPA:
Must be admitted in High Court if duly they are qualified ( must’ve obtained the LLB degree)
SA citizen or permanent resident
Fit and proper person

Question 8

Admission of foreign legal practitioners

Answer 8

The Minister may determine the right of foreign legal practitioners to practice in SA

Question 9

Right of appearance of legal practitioners

Answer 9

Sec 25 of LPA:
legal practitioners are entitled to practice throughout SA

They are granted Right of appearance in High Court, Supreme Court of Appeal and Constitutional Court

Question 10

What are the conditions for Legal Practitioners being granted the right to appearance?

Answer 10

must’ve been in practice for longer than 3 years and have obtained their LLB degree

Question 11

Right of appearance of candidate attorneys

Answer 11

Candidate attorneys MAY NOT appear in the High Court, Supreme Court of Appeal and Constitutional Court

They may only appear in the regional division of the Magistrate Court if they’ve previously practised as an advocate for 1 year or completed 1 year of vocational training (articles)

Question 12

what are the requirements for admission as an attorney ito s26 of LPA?

Answer 12

1. LLB degree
2. Practical vocational training
3. Community service
4. Legal Practice Management course
5. Passed examination/assessment

Question 13

What’s the purpose of s33 of LPA?

Answer 13

To protect the services of practitioners

Question 14

Outline the authority to render services ito s33 of LPA

Answer 14

1)Only legal practitioners may, in expectation of any fee, -
*Appear in any court/board/tribunal
*Draw up pleadings

2)No person may hold himself out as a legal practitioner or imply to be one if not qualified

3)If suspended or removed, may not render legal services

Question 15

New form of legal practice created by LPA ito s34

Answer 15

An attorney may render legal services upon receipt of a request directly from the public

An advocate may render legal services upon receipt of a brief from an attorney OR upon receipt of a request directly from the public if in possession of a Fidelity Fund certificate
(at first they could only receive a brief from attorneys)

Question 16

Consequences of this new form of legal practice under s34?

Answer 16

Risks have been increased because advocates can now operate across the counter
therefore, they can take deposits from clients directly and if there’s theft of that money they can claim it from fidelity funds certificate

Question 17

Discuss fees iro legal services and give its authority

Answer 17

s35 of LPA

The SA Law Reform Commission must within 2 years report back to the Minister regarding determining fees:

Maximum tariffs (capping of fees)
*all legal practitioners in SA will have a specific maximum tariff per hour

Access to justice
This is the aim of implementing maximum tarrifs (so that everyone is able to afford access to justice)

Question 18

How does the Act ensure accountability of the profession?

Answer 18

s45-52 makes provision for a LEGAL SERVICES OMBUD

which serves to:
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

Question 19

How does the Act protects clients from attorneys ito trust monies

Answer 19

Sec 84 – must be in possession of a Fidelity Fund certificate

Sec 86(1) – every attorney must operate a trust account

Sec 86(5) – interest accrued must be paid to the Fund

Sec 87 – Accounting records