Study Unit 2

Question 1

Preamble of LPA

Answer 1

• ensure constitutional values
• provide a legislative framework
• ensure affordable legal services
• regulate the profession in the public interest
• remove the barriers for entry into the profession
• ensure accountability of the profession

Question 2

Purpose of the LPA

Answer 2

1. Restructuring and Transformation of the profession
2. Broaden access to justice
3. Create a single unified statutory body

Question 3

How does the LPA broaden access to justice ?

Answer 3

• Fees chargeable
• Community service
• Equal opportunities

Question 4

Sections of the LPC

Answer 4

Section 5 - Objects of council
Section 6 - Powers, duties, functions
Section 7 - Composition of council
Section 8-23 - Membership & Operation of Council

Question 5

What is the compostion of the LPC ?

Answer 5

• 16 legal practitioners (10 attorneys + 6 advocates)
• 2 teachers of law
• 3 persons appointed by the minister
• 1 person from the Fidelity Fund Board
• 1 person from Legal Aid SA

Question 6

What regulates legal practitioners ?

Answer 6

Sec 24 - Must be admitted in High court if duly qualified and
• SA citizen or permanent resident
• Fit and proper person
* Minister may determine the right of foreign legal practitioners to practice in SA

Question 7

Right of appearance

Answer 7

Section 25 - Legal practitioners are entitled to practice throughout SA
• Right of appearance in HC, SCA and C if in practice for longer than 3 years + LL
• CA may NOT appear in those courts and can only appear in regional divisions of MC if practised as an advocate for 1 year/ completed 1 year vocational training

Question 8

Requirements for admission

Answer 8

*Section 26
1. LLB degree
2. Practical vocational training
3. Community service
4. Legal practice management course
5. Passed examination/assessment

Question 9

Authority to render legal services

Answer 9

• Section 33
  Only legal practitioners may, in expectation of any fee
• appear in any court/board/tribunal
• draw up pleadings
  • No person may hold himself out as a legal practitioner or imply to be one if not qualified
  • If suspended or removed they may NOT render legal services

Question 10

Forms of legal practice

Answer 10

*Section 34
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 request from an attorney or upon receipt of a request directly from the public if in possession of a fidelity fund certificate.

Question 11

Fees in respect of legal services

Answer 11

*Section 35
The Law Reform Commission must within 2 years report back to the Minister regarding determining fees
- maximum tariffs
- access to justice

Question 12

Legal Services Ombud

Answer 12

*Section 45-52
1) Protect and promote public interest
2) Ensure fair and effective investigation of complaints
3) Promote high standards of integrity
4) Promote the independence of the profession

Question 13

Trust Monies Section 84

Answer 13

Must be in possession of a fidelity fund certificate

Question 14

Trust monies section 86(1)

Answer 14

Every attorney must operate a trust account

Question 15

Trust monies section 86(5)

Answer 15

Interest accrued must be paid to the fund

Question 16

Trust monies Section 87

Answer 16

Accounting record