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

Rules for the Attorneys' Profession

Schedules

Third Schedule

(Second Part) Form of Contract of Service

 

THIRD SCHEDULE

 

(SECOND PART) FORM OF CONTRACT OF SERVICE

 

 

CONTRACT OF SERVICE made and entered into at ________________________________________on this ___________ day of __________________________________________________ 20________, by and between ____________________________________________________________________________an attorney of the [•] Provincial Division of the High Court of South Africa (hereinafter referred to as the principal) who is permanently employed by the ______________________________________ Legal Aid Clinic /                                                                           office of the Legal Aid Board and which clinic/office has been properly certified or approved in terms of section 1 of the Attorneys Act 1979 (Act No. 53 of 1979) (as amended), and ______________________________ born on ______________________________ (hereinafter referred to as the candidate attorney) in terms of which:

 

1. The candidate attorney binds himself or herself and undertakes:
1.1 to serve the principal from date hereof for ____________ consecutive years diligently, honestly, properly and with due regard to the confidential nature of the principal's practice as an attorney in the [●] province;
1.2 to execute, at all times, all lawful instructions given to him or her by the principal or any admitted attorney or advocate who is permanently employed by the Legal Aid Clinic or the office of the Legal Aid Board where the principal is employed;
1.3 not to absent himself or herself from his or her employment by the principal without the principal's prior consent;
1.4 not to engage in any business whatsoever other than that of a candidate attorney without the written consent of the principal and the Council of (INSERT THE NAME OF THE RELEVANT SOCIETY)                                                                     .

 

2. The principal undertakes that:
2.1 he or she will use his or her efforts to teach and instruct the candidate attorney in the practice and profession of an attorney;
2.2 provided the candidate attorney has served his or her contract of service properly and is in the principal's opinion a fit and proper person for admission, the principal will use his or her best efforts to procure the admission of the candidate attorney as an attorney of the [●] Provincial Division of the High Court of South Africa.

 

3. Should the principal cease to practice in the [●] he or she shall not thereafter be bound by this contract of service but shall, if requested by the candidate attorney, cede the contract of service to an attorney practising in this province.

 

4. Should the candidate attorney:
4.1 not serve his or her term in accordance with this contract of service;
4.2 commit a breach of any provision of this contract of service; or
4.3 be guilty of any misconduct, then principal will be entitled to cancel this contract of service and dismiss the candidate attorney from his or her employment.

 

In witness whereof the parties have hereunto set their hands at _______________________ on the day, month and year aforementioned, in the presence of the undersigned witnesses.

 

 

As witnesses

 

1.





Principal

 

2.





Candidate Attorney



 

 



*Parent or guardian



*Where the candidate attorney is a minor