Legal Practice Council Calls for Comment on Succession Planning Draft Amendments

Posted 13 November 2026 Written by Acts Online
Category Legal Practice

Brought to you by SA Legal Academy: In terms of the Legal Practice Act, No. 28 of 2014, the South African Legal Practice Council (LPC) has published three sets of draft amendments to its Rules and Code of Conduct concerning mandatory succession planning for legal practitioners, inviting stakeholder comments by 30 November 2026.

Under the statutory framework of sections 36 and 95 of the Legal Practice Act, No. 28 of 2014, the LPC is empowered to frame rules and codes of conduct regulating legal practitioners and candidate legal practitioners. The newly published proposals focus on formalising succession obligations to safeguard client interests, trust accounts, and practice continuity in the event of death, incapacitation, or operational abandonment.

The published proposals incorporate the following regulatory focus areas:

  • Implementation of mandatory succession arrangements for sole practitioners and legal practices operating trust accounts;
  • Alignment of the LPC Code of Conduct to enforce ethical duties and compliance reporting regarding designated successor practitioners; and
  • Standardised administrative and procedural requirements governing notifications, handovers, and trust account supervision upon practice cessation.

What this means for you, your business, or your clients

  • For yourself: Legal practitioners, particularly sole practitioners, must review their current professional wills and formally designated emergency cover arrangements against the LPC’s proposed succession standards before the 30 November 2026 comment deadline.
  • For your business: Law firms and legal practices must evaluate internal operational continuity protocols, partnership agreements, and trust account mandate authorities to ensure readiness for compulsory succession filings.
  • For your clients: Provides enhanced regulatory protection for client files, active litigation mandates, and monies held in trust by mitigating the risk of abrupt practice dissolution or abandonment.

Originally published at https://legalacademy.co.za/news/read/legal-practice-council-rules-code-of-conduct-more-draft-amendments-out-for-comment

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