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Table of Contents
Attorneys Act, 1979 (Act No. 53 of 1979)
Act
1. Definitions
Chapter I : Practitioners: Qualifications, Admission and Removal from Roll
2. Duration of service under articles
2A. Exemption from service under articles of clerkship
3. By whom candidate attorneys may be engaged
4. Information to be submitted to society before articles are entered into
4A. Information which shall be submitted ...
5. Lodging, examination and registration of articles or contract of service
6. Supervision over candidate attorney
7. Absence of candidate attorney
8. Appearance of candidate attorney in court and before other institutions
9. Restriction of pecuniary interests of candidate attorneys
10. Cession of articles or contract of service
11. Termination of articles or contract of service
12. Registration of articles or contract of service entered into by advocate
13. Exemption from service under articles and certain examinations
13A. Certain attorneys must comply with certain conditions before being entitled to practis
13B. Certain attorneys to complete ...
14. Practical examinations
15. Admission and readmission of attorneys
16. Duty of applicant for admission or readmission and enrolment as attorney to society
17. Admission of attorneys practising in certain countries or territories
18. Admission and readmission of notaries and conveyancers
19. Applications for admission or readmission as practitioner to be submitted
20. Enrolment of practitioner admitted and enrolled by other court
21. Rolls of attorneys, of notaries and of conveyancers
22. Removal of attorneys from roll
23. Juristic person may conduct a practice
24. Applications in terms of this Chapter to be delivered to secretary of society concerned
Chapter II : Fidelity Fund
25. Continued existence of Fidelity Fund
26. Purpose of fund
27. Fund to vest in and to be held in trust by board of control
28. Constitution of board of control
29. Period of office of members of board of control
30. Vacation of office by members of board of control
31. Chairman and vice-chairman of board of control
32. Meetings of board of control
33. Quorum
34. Decisions and chairman's casting vote
34A. Committees of board of control
35. Validity of resolution signed by all members of board of control
36. Revenue of fund
37. Banking account
38. Certificate in respect of liabilities of fund and investment of money in fund
39. Audit
40. Insurance contracts for purpose of indemnifying fund
40A. Acquisition, forming and administration of insurance company or scheme
40B. Insurance contracts for purpose ...
41. Possession of fidelity fund certificates by practitioners practising on own account or
42. Application for and issue of fidelity fund certificate
43. Contributions to fund by practitioners
44. Board of control may refund contributions in certain cases
45. Payments from fund
46. Board of control may make grants from fund for education or research in law
47. Limitation of liability of fund
47A. Transitional provisions relating to liability of fund for investments
48. Claims against fund: notice, proof and extension of periods for claims
49. Actions against fund
50. Subrogation
51. Claims may be charged against future revenue of fund
52 Exemption of fund from certain provisions of certain laws
53. Indemnification in respect of certain acts in good faith
54. Preservation and disposal of records and documents in possession of board of control
55. [Repealed] Application of Chapter in respect of persons exercising legal ...
Chapter III : Law Societies
56. Continued existence of certain law societies
57. Membership of society
58. Objects of society
59. Powers of society
60. Council to manage and control affairs of society
61. Constitution of council and election and period of office of members
62. Vacation of office, suspension from office and filling of vacancies
63. President and vice-president or vice-presidents
64. Meetings of council
65. Alternate members
66. Validity of decisions taken by, or acts performed under authority of, council
67. Committees of council
68. Duties of council
69. Powers of council
70. Council's power of inspection
71. Enquiry by council into alleged cases of unprofessional or dishonourable or unworthy co
72. Council's disciplinary powers
73. Appeal against finding of council
74. Council may make rules
75. Limitation of liability
76. Society may institute private prosecution
77. [Repealed] Particular provisions relating to persons exercising legal profession in Transkei or Ci
Chapter IV : General
78. Trust accounts
79. Trust property not to form part of assets of practitioner
79A. Recovery of costs by law clinics
80. Minister may prescribe fees
81. Regulations
82. Rules of court
83. Offences
84. [Repealed] Society of Cape Province may exercise certain powers in respect of certain matters
84A. [Repealed] Law Society of Transvaal may exercise certain powers in respect of practitioners
85. [Repealed]
86. Repeal of laws and savings
86A. Application of Act
87. Short title
Schedule
Laws Repealed
Repeal or amendment of laws (Section 35)
Proclamation
Commencement of the Attorneys Amendment Act, 2014
Notice No. R. 24 of 2015
Rules for the Attorney's Profession
Notice 2 of 2016
Part I : Definitions
1. Definitions
Part II : Members
Records of practitioners and members
Records to be maintained
Access to information relating to practitioners
Maintenance of records and communications by Council
Declaration of persons as members
The Council
Honourary Membership
Life Membership
Professional companies
Annual subscription and other charges payable to the society by members
Communications to members
Security of communications and records
Meetings of members
General meetings
Special meetings
Provisions common to all meetings of members
Matters requiring special approval of members
Part III : The Council
Number of Council members and manner of election and appointment
Manner of election or appointment of members of the Council/Manner of election or nomination of the Council
Period of office of members of the Council
Vacating of office by a member of the Council
Suspension and removal of a member of Council
Temporary appointments as members of the Council
Election of president and vice-president
Periods of office of president and vice-president
Council meetings
Execution of documents
The secretary
Audit of financial statements and president's report
Part IV : General Practice
Articles of clerkship and contracts of service and candidate attorneys
Training in legal practice management
Sequestration
Branch offices
Information as to whether practitioner practices in the jurisdiction of the relevant society
Pro bono services
Practitioners who cease to practise and winding up of abandoned practices
Practice in association with other lawyers
Professional fees, tariffs and allowances
Assessment of fees payable to a member
Attorney and client charges
Drawing and taxation of bills of costs
Allowances and commissions
Contracting of legal work to third parties
Legal aid matters
Part V : Accounting Rules
Main office
Accounting Requirements - General
Acceptable financial reporting framework
Distinguishing between trust account and business account transactions
Retention of accounting records and files
Updating accounting records
Trust money to be kept separate from other money
Accounting to clients
Payment to clients
Accounting Requirements - Trust Account Transactions
Internal controls
Prompt depositing of trust monies
Transfers for trust investment account
Trust balances not to exceed trust moneys
Trust accounts not to be in debit
Reports to society of non-compliance
Transfer from trust bank account to business bank account
Deposits on account of charges
Withdrawals from trust banking account
Payments from trust banking account
Interest accrued on trust banking account
Lists of balances
Notification of trust banking account
Trust account investments in terms of section 78(2A)
Responsibility for ensuring compliance
Reporting Requirements
Closure of firm
Opening of practice
Report of dishonest or irregular conduct
Investment Practice Rules
Definitions
Mandates
Reports to clients
Accounting records for investment practices
Pooling of investments
Restrictions applicable to certain investments
Investment of funds by members on behalf of persons, otherwise than in terms of Rule 36
General Provisions
Part VI : Conduct
Conduct
Approaches and publicity
Specialisation and expertise
Sharing of fees/Touting
Sharing of offices
Payment of commission
Naming of partners and practice
Replying to communications
Naming in deed of alienation
Specific provisions relating to conduct
Part VII : Disciplinary Proceedings
Disciplinary proceedings
Part VIII : Miscellaneous
Circles
Law Clinics
Benevolent Fund
Dissolution of society
Date of commencement
Schedules
First Schedule : Proxy Form
Second Schedule : Voting Paper
Third Schedule
(First Part) Form of Articles of Clerkship
(Second Part) Form of Contract of Service
Fourth Schedule : Auditor's Report
(First Part): Illustrative Auditor's Report (Unmodified opion)
(Second Part): Illustrative Auditor's Report (Qualified opinion)
(Third Part): Attorney's Annual Statement on Trust Accounts1
Supplementary Information requested - Schedule of Interest payments
Fifth Schedule : Client Investment Mandate
Minister
means the Minister of Justice;
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