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Table of Contents
Legal Practice Act, 2014 (Act No. 28 of 2014)
Notice No. 740 of 2014
Act
Preamble
Chapter 1 : Definitions, Application and Purposes of Act
1. Definitions
2. Application of Act
3. Purpose of Act
Chapter 2 : South African Legal Practice Council
Part 1 : Establishment, powers and functions of South African Legal Practice Council
4. Establishment of Council
5. Objects of Council
6. Powers and functions of Council
7. Composition of Council
8. Membership of Council
9. Chairperson and deputy chairperson of Council
10. Term of office
11. Termination of office
12. Removal from office
13. Vacancies in Council and filling thereof
14. Dissolution of Council
Part 2 : Operation of Council
15. Meetings of Council
16. Quorum and procedure at meetings of Council
17. Decisions of Council
18. Committees of Council
19. Executive officer and employees of Council
20. Executive committee of Council
21. Delegation of powers and assignment of functions of Council
22. Finances, expenditure and accountability of Council
23. Establishment of Provincial Councils
Chapter 3 : Regulation of Legal Practitioners and Candidate Legal Practitioners
24. Admission and enrolment
25. Right of appearance of legal practitioners and candidate legal practioners
26. Minimum legal qualifications and practical vocational training
27. Practical vocational training
28. Assessment of practical vocational training
29. Community service
30. Enrolment with Council
31. Cancellation and suspension of enrolment
32. Conversion of enrolment
33. Authority to render legal services
34. Forms of legal practice
35. Fees in respect
Chapter 4 : Professional Conduct and Establishment of Disciplinary Bodies
36. Code of conduct
37. Establishment of disciplinary bodies
38. Procedure for dealing with complaints of misconduct and procedure to be followed in disciplinary hearing
39. Disciplinary hearing
40. Proceedings after disciplinary hearing and sanctions
41. Appeal against conduct or finding of disciplinary committee
42. Monitoring by Legal Services Ombud
43. Urgent legal proceedings
44. Powers of High Court
Chapter 5 : Legal Services Ombud
45. Establishment of Office of Legal Services Ombud
46. Objects of Ombud
47. Appointment and independence of Legal Services Ombud
48. Powers and functions of Ombud
49. Term of office of Ombud
50. Acting Ombud and filling of vacancies
51. Staff, finances and accountability of Office of Ombud
52. Annual report
Chapter 6 : Legal Practitioners' Fidelity Fund
Part 1 : Establishment of Fund and founding provisions
53. Continued existence of Attorney Fidelity Fund
54. Revenue of Fund
55. Liability of Fund
56. Limitation of liability of Fund
57. Purpose and application of Fund
58. Legal Practitioners' Fidelity Fund Account
59. Financial year of Fund
60. Fund exempt from certain tax and insurance laws
Part 2 : Operation of Fund
61. Establishment of Board
62. Composition of Board
63. Powers and functions of Board
64. Membership of Board
65. Chairperson and deputy chairperson of Board
66. Vacancies in Board and filling thereof
67. Term of office of members of Board
68. Termination of office
69. Removal from office
70. Meetings and resolutions of Board
71. Committees of Board
72. Certificate in respect of liabilities of Fund and investment of money in Fund
73. Annual review by actuary
74. Contributions to Fund by legal practitioners
75. Audit
76. Re-insurance
77. Provision of insurance cover and suretyships
Part 3 : Claims against Fund
78. Procedure for instituting claims against Fund
79. Actions against Fund
80. Subrogation
81. Claims against future revenue of Fund
82. Indemnification in respect of certain acts
83. Preservation and disposal of records and documents in possession of Board
Chapter 7 : Handling of Trust Monies
84. Obligations of legal practitioner relating to handling of trust monies
85. Application for and issue of Fidelity Fund certificates
86. Trust accounts
87. Accounting
88. Trust money and trust property of trust account practice
89. Court may prohibit operation of trust account
90. Appointment of curator bonis in respect of trust account
91. Rights of banks in respect of trust accounts
Chapter 8 : General Provisions
92. Recovery of costs by legal practitioners rendering free legal services
93. Offences and penalties
Chapter 9 : Regulations and Rules
94. Regulations
95. Rules
Chapter 10 : National Forum and Transitional Provisions
Part 1
96. National Forum on Legal Profession
97. Terms of reference of National Forum
98. Powers and functions of National Forum
99. Membership of National Forum
100. Chairperson and deputy chairperson of National Forum
101. Term of office
102. Termination of office
103. Removal from office
104. Vacancies in National Forum and filling thereof
105. Meetings of National Forum
106. Quorum and procedure at meetings of National Forum
107. Decisions of National Forum
108. Finances, expenditure and accountability of National Forum
Part 2
109. Rules and regulations
Part 3
110. Abolition of Fidelity Funds of former TBVC States and transfer of assets, rights, liabilities and obligations to Legal Practitioners' Fidelity Fund
111. Transitional provisions in relation to existing Attorneys Fidelity Fund Board of Control
112. Transitional provisions in relation to qualifications
113. Transitional provisions relating to Fidelity Fund certificates
114. Existing advocates, attorneys, , conveyancers and notaries
115. Persons entitled to be admitted and enrolled as advocates, attorneys, conveyancers or notaries
116. Pending proceedings
117. Transitional provisions relating to existing law societies
118. Interpretation of certain references in laws
Part 4
119. Repeal and amendment of laws, and savings
120. Short title and commencement
Schedule
Laws repealed or amended
Regulations
Regulations under Section 109(1)(a)
Notice No. R. 921 of 2018
1. Definitions
2. Election procedure for election of legal practitioners for purposes of constituting Council
3. Establishment of Provincial Councils
4. Composition of Provincial Councils
5. Powers and functions of Provincial Councils
6. Practical vocational training requirements that candidate attorneys must comply with before they can be admitted by the court as legal practitioners
7. Practical vocational training requirements that pupils must comply with before they can be admitted by the court as legal practitioners
8. Right of appearance of pupils in court or any other institution
9. Mechanism to wind up affairs of National Forum
Annexures
Annexure A : Ballot Paper - Attorneys (Regulation 2)
Annexure B : Ballot Paper - Advocates (Regulation 2)
Regulations under Section 109(1)(bA) of the Act
Notice No. R. 1183 of 2018
1. Definitions
2. Manner in which teachers of law are designated for membership of Council
3. Certificate to be issued by registrar of a Division of High Court
4. Appropriate relevant experience
4A. Rendering of community service by candidate legal practitioners
4B. Rendering of community service by practising legal practitioners
5. Manner in which application is made to court for order to pay compensation
6. Government and other securities in which Board can invest surplus funds
7. Matters to be included in annual report of the Legal Practitioners' Fidelity Fund Board
8. Short title
Annexures
Annexure A - Certificate in terms of section 25(3) of the Act
Annexure B - National Rating Scales of Ratings Agencies
Annexure C - Certificate for Purposes of Community Service by Candidate Legal Practitioner
Annexure D - Certificate for Purposes of Community Service by Legal Practitioner
Proclamations
Commencement of Parts 1 and 2 of Chapter 10 of the Legal Practice Act, 2014
Notice No. R. 2 of 2015
Commencement of Certain Sections of the Legal Practice Act, 2014
Proclamation Notice 120 of 2023
Rules
Final Rules as per section 95(1), 95(3) and 109(2) of the Legal Practice Act 28 of 2014
Notice No. 401 of 2018
Part l
Definitions
Part ll
Fees and Charges
Part lll
The Council
Part IV
Provincial Councils
Part V
Professional Practice
Part VI
Education and Training
Part VII
Keeping of rolls and conversion of enrolment
Part VIII
Rendering of Legal Services
Part IX
Law Clinics
Part X
Disciplinary
Part XI
Legal Practitioners' Fidelity Fund
Part XII
Accounting Rules
Schedules
Schedule 1A
Schedule 1B
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6A
Schedule 6B
Schedule 7A
Schedule 7B
Schedule 8
Code of Conduct
Code of Conduct for all Legal Practitioners, Candidate Legal Practitioners and Juristic Entities
Notice No. 168 of 2019
Part I
Definitions
Part II
Code of Conduct : general provisions
Part III
Conduct of attorneys
Part IV
Conduct of advocates contemplated in section 34(2)(a)(i) of the Act
Part V
Conduct of advocates contemplated in section 34(2)(a)(ii) of the Act
Part VI
Conduct of legal practitioners and candidate legal practitioners in relation to appearances in court and before tribunals
Part VII
Conduct of legal practitioners not in private practice
"law clinic"
means a law clinic referred to in
section 34(8)
;
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