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

Rules for the Attorneys' Profession

Part IV : General Practice

Contracting of legal work to third parties

 

33.1 Where a member subcontracts legal work, which in the normal course would or could have been performed by the member personally, to a third party service provider, the consent of the client must first have been obtained. Such consent must be informed consent, and in particular, the client must have been informed as to whether any confidential information will be made available to the service provider.

 

33.2 Unless otherwise agreed to the contrary in writing the member should take reasonable steps to ensure that the instructions given to the service provider are properly carried out. Although the member will not be required to maintain a day-to-day supervision of the work done, the member must exercise an independent judgment on the quality of the work.

 

33.3 Where the service provider is not a practising practitioner or a practising advocate or a firm which is subject to the rules of ethics and professional conduct of the society, the member must conclude a written confidentiality agreement with the service provider providing for reasonable safeguards to protect the confidentiality of any client information.

 

33.4 The member should endeavour to ensure that the service provider does not have a conflict of interest relative to the member’s client by obtaining a written assurance to that effect from the service provider. This rule does not apply to the outsourcing of copying services, file storage services or information technology and communication services which are used in the provision of legal services but it does apply to expert forensic services which are provided in relation to information and communication technologies.

 

33.5 The member should take reasonable steps to ensure that the client’s privilege, if any, in the information disclosed to the service provider is maintained.

 

33.6 Where the service provider is not a practising attorney or a firm subject to the rules of ethics and professional conduct of the society, or is not a practising advocate, the member should take reasonable steps to ensure that the service provider understands and complies with the rules of professional conduct.

 

33.7 A member who outsources legal work may not receive any undisclosed allowance on the fees payable to the outsource service provider save for outsources traditionally permitted between correspondent practitioners. Any discount on fees must, unless otherwise agreed in writing with the client, accrue for the benefit of the client.

 

33.8 The member shall not be entitled to add a premium to the amount paid to the service provider and must seek to recover that amount from the client as a disbursement only. However, the member shall be entitled to charge a reasonable fee for work actually performed by him in instructing the service provider and in reviewing the service provider’s work.

 

33.9 Where a member subscribes on a regular basis to the services of a third party service provider irrespective of the requirements of a specific client (including, but not limited to, a commercial subscription to an internet-based intellectual property search facility) the member shall be entitled to charge a reasonable fee to the client for the use of those services in attending to any matter on behalf of the client.