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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part VI : Conduct

Sharing of fees/Touting

 

Touting

[THE TITLE OF TOUTING APPLIES TO LSNP, KZNLS AND FSLS ONLY WITH RESPECT TO RULES 43.1, 43.2 AND 43.3]

 

Sharing of Fees

[THE TITLE OF SHARING OR FEES APPLIES TO CLS ONLY WITH RESPECT TO RULES 43.1, 43.2 AND 43.3]

 

43.1 A member shall not, directly or indirectly, enter into any express or tacit agreement, arrangement or scheme of operation or any partnership (express, tacit or implied), the result or potential result whereof is to secure for the practitioner the benefit of professional work, solicited by a person who is not a practitioner, for reward, whether in money or in kind; but this prohibition shall not in any way limit bona fide and proper marketing activities by full time employees of the member.

 

43.2 A member shall furnish the Council with an affidavit, within seven days of request therefor, explaining the presence and function or position of an employee and manner or form of remuneration earned by such employee, or containing similar information relating to person who is not a practitioner who is apparently associated with the member's practice or who is continuously or repeatedly in, at or about the member's office.

 

43.3 A member may not hold himself or herself out as practising as a practitioner while in the employ of a person who is not a practitioner, save with the prior written consent of the Council.