Module 1 Flashcards
When did the Legal Practice Act come into effect?
The Legal Practice Act 28 of 2014, came into full effect on 1 November 2018
What is the purpose of the Legal Act 28 of 2014?
The purpose of the Act is to ensure that access to legal services becomes a reality for all South Africans not just those who can afford it.
What is the fidelity certificate?
A fluidity fund certificate is a form of insurance for clients, protecting their money if any misconduct was to happen. This fidelity fund can hold money and with a return notice, legal practitioners can withdraw funds from it.
What is the aim of the Legal Practice Act?
The Legal Practice Act 28 of 2014 aims to provide a legislative framework for the transformation of the legal profession, that reflects the diversity and demographics of the Republic and to consolidate the two professions and various professional bodies
What is the purpose of a fluidity certificate?
Advocates can now take on clients directly if in possession of a fidelity certificate
What is the Law Society of South Africa?
The Law society of South Africa (LLSA) is the body responsible for the Legal education and development (LEAD) division.
How did the legal Practice act remove legal professionals self-governing power?
According to the Act, the South African Legal Practice Council (LPC) is the single governance structure for both attorneys and advocates within the self-regulation in the profession
Who can dissolve the Legal Practice Council and what are the steps needed to do this?
The LPC can be dissolved if the Minister doesn’t feel they can perform their duties, the LPC can respond to the reasons and if the Minister is not satisfied with their response the legal services ombud conducts an audit and gives recommendations on what to do.
Who are the 23 members of the Legal Practice Council?
The LPC comprises of 23 members elected:
- 10 practising attorneys and 6 practising advocates
- 2 teachers of law, including one Dean of the law school
- 3 persons designated by the Minister
- 1 person designated by the Legal Aid South Africa
- 1 person designated by the Legal Practitioners Fidelity fund Board
What are the role of the Legal Practice Council?
The LPC will impose a code of conduct on legal practitioners and deal with misconduct issue relating to legal practitioners
What is an ombudsman?
Legal services ombud a position made by the Act. The ombudsman is a judge discharged from active service, they are completely dependent and don’t have to answer to anyone.
What is the ombudsman’s role?
The Ombudsman’s role is to protect high standards of integrity and prompt independence in the legal profession.
What does the ombudsman have the power to do?
Their power includes investigating any unjustifiable abuse or misadministration according to the Legal Practice Act 28 of 2014
What is the cost estimate notice?
The Legal Practice Act requires attorneys and advocates to provide their clients with a cost estimate notice. The cost estimate notice must be in writing and must set out all the tasks that will be undertaken as well as the costs with respect to each task.
What are the requirements to be an attorney admitted into the high court?
- LLB degree
- Attorneys admission exam passed
- Practical vocational work (2 years)
- Attorneys must complete 4 exams
- Community service according to the Legal Service Act (8 hours)
What are attorneys?
- Attorneys are general practitioners who do a large portion of administrative work, most refer cases to advocates for court appearances.
- They are generalised litigators.
Can attorneys speak to clients directly?
They operate with clients directly and don’t usually present a case in court unless they hold an appearance in court certificate.
What is a Copy of the Letter of Authority?
It’s a certificate that allows Attorneys to have a trust account where clients hold their money
What are the requirements to be an advocate?
- LLB degree
- Pupilage (1 year)
- Must do a programme of structured coursework of not less than 400 hours
- Bar examinations must be successfully completed
- Advocate must complete 5 exams
- Community service according to the Legal Service Act (8 hours)
What are advocates?
Advocates appear in court frequently, they are specialist litigators. They draft pleadings, write opinions and appear in court
Can advocates speak directly to clients?
Advocates who possess fidelity fund certificates can be directly approached by clients, without an attorney.
What is the difference between advocates and attorneys?
The main difference between advocates and attorneys is their difference in their nature of work, their qualifications are equal.
What is a head of argument?
Advocates have to submit heads of argument that has to be submitted stating their main points and arguments, refers to a written document that outlines the legal arguments, authorities (case law, statutes, regulations, etc.) and key points that a legal representative intends to present during oral arguments in court proceedings
Can Attorneys appear in court?
Since the enactment of Appearance in Court Act 62 of 1955 an attorney may apply to the Registrar of the High Court to be granted a right of appearance in that court.
What are the requirements for an attorney to appear in court?
- Admitted as an attorney of the High Court
- Being in good standing with the legal practice council
- Must apply with the Registrar of the High Court
What is a conveyancer?
A conveyancer deals with the transfer of land, they facilitates the transfer of immovable property, they are qualified attorneys who do specialised work
What is a notary?
A notary is a qualified attorney who specialise in drawing up special types of documents
What are office personnel’s?
A office personnel are candidate attorneys, secretaries and member in a firm
What are prosecutors?
Prosecutors are advocate who argue against individuals being accused of a crime, they are usually advocates with significant experiences
What are presiding officers?
- Presiding officers in the High Courts are Judges, they are appointed by the President with the advice of the Judicial Service Commission.
- Presiding officers in the lower courts are the Magistrates, they are civil servants. They are appointed by the Magistrates Commission.
What are state attorneys?
State attorneys are civil servants, they do the same work as attorneys but their clients are different state departments
What are state legal advisors?
State legal advisors undertake legal research, check existing legislations and different new statutes. They give this advice to specific state departments
What are the Registrars of the High Court?
Registrars of the High Court are appointed for each seat of the High Court. They are responsible for administration and documentation in the High Court
What is a clerk?
Clerk of the court is a registrar of the Magistrate Court. They are responsible for administration and documentation in the Magistrate Court
What is a Master of the High Court?
Master of the high court is in each provincial High Court. Their functions are
- Controlling and supervising the administration of deceased estates
- Controlling the liquidation of companies
- Controlling trust funds on behalf of minors
What is a Registrar of Deeds?
Registrar of Deeds who is responsible for registering deeds in the Deeds office. The Deeds Office is responsible for the registration, management and maintenance of the property registry of South Africa
What is the registrar of patents and trademarks?
Registrar of Patents and Trademarks which is the office of the Registrar of Patents and Trademarks which records all the Trademarks that have been formally applied for and registered in the Republic of South Africa.
What is a family advocate?
Family advocate were created By the Mediation in certain Divorce Matters Act, the court or parties of the dispute may decide to refer a case when they think the interests of the children have not been catered for
What is the law reform commission?
Law reform commission are lawyers who do research on aspects of the law for possible legal reform for judges to consider they are section 9 lawyers
What is a public protector?
Public Protector investigates allegations of maladministration at all government levels
What is the human rights commission?
Human right commission function to promote the respect for human rights it is a chapter 9 commission
What is a public defender?
Public defenders represent accused indigent persons in criminal trials which take place in the Magistrate Court, they are employed by the state. Public defender programmes were launched in Johannesburg in 1992
What is section 35 of the constitution?
Section 35 of the Constitution provides the right of an accessed person to appoint a legal representative of his or her choice at his or her own expense. This section then states that an accused must be afforded legal representation at the state’s expense if substantial injustice would otherwise result.
What is the legal aid pro deo?
Pro Deo representation is when the state appoints a practicing advocate to represent indigent accused in serious criminal cases heard in the High Court
What is the legal aid pro amico?
Pro Amico is free legal aid for friends and acquaintances
What is the legal aid pro bono?
Pro bono is a service to the community for cases of certain merit without compensation
What is the legal aid board?
Legal Aid Board is a statutory body that provides legal aid through:
- Judicare system the legal aid board instructs private practitioners to represent the indigent accused
- Justice centers where attorneys are employed by the legal aid board
What is a legal aid clinic?
Legal aid clinics are at universities provide legal aid for those who qualify and if there is substantial injustice
What is the legal aid advice bureaux?
Advice bureaux are NGO legal aid clinics or advice bureaux in certain areas. Paralegals who are not qualified attorneys are often employed at these offices
What is section 39 of the Legal Practice Act 28 of 2014?
The professional conduct of attorneys in Section 39 of the Legal Practice Act 28 of 2014 is members shall comply with the rules of professional conduct. A member who fails to comply shall be guilty of unprofessional/ dishonorable conduct.
What is the code of conduct in Legal Act 28 of 2014?
- Council shall guard against protecting their independence by not accepting gifts
- Council cannot appear in court for more than one brief per day
- Council shall guard against protecting their independence
- They shall guard against embarrassing witnesses and hold the court to high standards
- Guard against becoming personally opposed to professionally in aspects of their clients
- Shall not stand bail for their clients
- May not subject anyone to sexual harassment
What does the Community service for Candidate legal professionals include?
Community service for Candidate Legal practitioners is a new initiative in the Legal Practice Act 28 of 2014 this could include
- Service in the state
- Services at the South African Human Rights
- Commission as a commissioner of small claims court
- Providing legal education and training
- Any service which the CLP may wish to perform, subject to the minister’s approval
What does section 40 of the Legal Professional Act highlight in relation to the rules of professional conduct of members of the High Court?
- Maintaining the highest standards of honesty and integrity
- Treating the interest of their clients as paramount, provided their conduct is subject to: Duty to the court, The interests of justice, Observation of the law, Maintenance of ethical standards
- Maintain confidentiality regarding the affairs of present or former clients, unless otherwise required by law
- Respect the freedom of clients
- Give clients unbiased advice
- Retain integrity with client’s money, not involving their clients in unnecessary expense
- Be entitled to a reasonable fee for their work
- Remain reasonably abreast of developments in the law and legal practice
What is Prima facie?
Prima facie case is a case that on glance it looks defendable and admissible in court
In which section of the Legal Practice Act 28 of 2014 do you find the requirement’s to become a legal practitioner?
Section 26(1) is where you find the requirements to become a legal practitioner
What is a court roll?
The court roll is a list or schedule of cases that are scheduled to be herd by the court on a particular day. It provides details such as the names of parties involved, the nature of the case and the scheduled time for the hearing
