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The SA Legal Practitioner

22 June 2017

The South African Legal Practitioner: A commentary on the Legal Practice Act

Publisher: LexisNexis
Format: Hard Cover, Mobile
Print: ISBN/ISSN: 060LEGPRACSYS
Mobile: ISBN/ISSN: MOB0409108804
Year Published: 2017
Author(s): P Ellis, AT Lamey
Print Price: R750.00
Mobile Price: R675.00

Product details
The South African Legal Practitioner: A commentary on the Legal Practice Act is the first comprehensive handbook on legal practice under the new Act.

The Legal Practice Act 28 of 2014 comes into full force in February 2018. It will bring about dramatic change to the practice of law. The National Forum on the Legal Profession published a new code of conduct governing the legal profession (attorneys and advocates). This new publication discusses the code of conduct. However, the National Forum still has to make rules and recommendations to the Minister for the purpose of regulations.

The South African Legal Practitioner explores the most important principles underlying the practice of law in SA and the significant consequences of the new Legal Practice Act. The authors compare the existing legal position with what is anticipated to be the new dispensation under the Act.

The Legal Practice Act is expected to come into force in 2018 and legal practitioners need to ensure they understand the implications of the Act and comply accordingly.

Table of contents

Preface

CHAPTER 1 - Introduction
1.1 - Legal Practice defined
1.2 - Regulation and independence
1.3 - International acceptance of the principle of independence
1.4 - Domestic acceptance of the principle of the independence
1.5 - The meaning of the independence
1.6 - The divided bar and the referral rule

CHAPTER 2 - The South African Legal Practice Council
2.1 - Legal Practice defined
2.2 - The History of regulatory structures in the legal professions
2.3 - The South African Legal Practice Council
2.4 - Provincial Councils

CHAPTER 3 - Voluntary Associations
3.1 - Existing voluntary associations
3.2 - The present role of voluntary associations
3.3 - The future role of voluntary associations

CHAPTER 4 - Entry into the Professions
4.1 - The principle of curial supervision
4.2 - Requirements for admission
4.3 - Enrolment with the Council
4.4 - Suspension or cancellation of enrolment
4.5 - Conversion of enrolment
4.6 - Authority to render legal services
4.7 - Citizenship and foreign legal practitioners
4.8 - Re-admission of previously struck-off legal practitioners

CHAPTER 5 - Forms of Legal Practice
5.1 - The existing position<
5.2 - The relationship between attorney, client and advocate
5.3 - Forms of practice under the Legal Practice Act

CHAPTER 6 - Fees and Costs
6.1 - The general principle reasonableness
6.2 - The investigative by the Law Reform Commission
6.3 - The Contingency Fees Act

CHAPTER 7 - Professional Conduct and Discipline
7.1 - Introduction
7.2 - The rules of professional conduct
7.3 - The standard of the a 'fit and proper person'
7.4 - The duties of a legal practitioner to uphold the Constitution
7.5 - The duties of a legal practitioner towards the court
7.6 - The duties of a legal practitioner towards the client
7.7 - Legal practitioner’s duties towards third parties
7.8 - The principle of curial oversight
7.9 - The role of the Council
7.10 - The role of the Ombud
7.11 - The Code of Conduct

CHAPTER 8 - The Legal Practitioners Fidelity Fund
8.1 - Introduction
8.2 - The composition of the Board.
8.3 - Powers and functions of the Board
8.4 - Actuarial oversight over the Fund
8.5 - Audit requirements
8.6 - Contributions to the Fund
8.7 - Claims against the Fund

CHAPTER 9 - Handling of Trust Monies
9.1 - Introduction
9.2 - Trust accounts practice
9.3 - Powers of the Council
9.4 - Advocates
9.5 - Fidelity Fund and trust accounts
9.6 - Accounting Provisions
9.7 - Powers of the High Court and curators

CHAPTER 10 - National Forum and Transitional Provisions
10.1 - Introduction
10.2 - Establishment of the National Forum
10.3 - Terms of reference of the National Forum
10.4 - Powers and functions of the National Forum
10.5 - Chairperson and deputy chairperson of the National Forum
10.6 - Termination of office
10.7 - Removal from office
10.8 - Vacancies in the National Forum and lifting thereof
10.9 - Meetings and quorum of the National Forum
10.10 - Finances, expenditure and accountability of the National Forum
10.11 - Rules and regulations
10.12 - Abolition and Fidelity Funds in former homelands
10.13 - Other transitional provisions

Appendices
Appendix 1 - Legal Practice Act No. 28 of 2014
Appendix 2 - Contingency Fees Act No. 66 of 1997
Appendix 3 - Determination of Professional Controlling Body, and Contingency Fees Agreement
Appendix 4 - General Council of the Bar of South Africa: Uniform Rules of Professional Conduct
Appendix 5 - Rules for the Attorneys Profession
Appendix 6 - Code of conduct for legal practitioners, candidate legal practitioners and judicial entities

Table of Cases

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