Struck of the Roll

Question 1

After 8 years of being struck of the roll, an attorney applies for re-admission. What are the requirements that the attorney must satisfy for the court to consider his application?

Answer 1

• onus on attorney satisfy court on balance of probabilities that there has been genuine, complete and permanent transformation on his part
• show defect in character that led to the strike off no longer exists
• show if re-admitted he would in future conduct himself as an honourable member of profession
• show he can be trusted to carry out the duties of an attorney
• show that the public not be prejudiced by his re-admission

Question 2

Should the court strike off an attorney who:
1 Makes an False Affidavit
2 Driving under the Influence
3 Using a forged Licence

Answer 2

The test for striking off is whether the person is fit and proper to be an attorney. his actions must be considered in that light/
1 false affidavit = probably
2 driving under the influence = np
3 using forged licence= probably