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

Rules for the Attorneys' Profession

Part IV : General Practice

Practice in association with other lawyers

 

27.1 A member wishing to practise in association with any person (in this rule called the associate) who carries on the practice of a lawyer outside the Republic shall make written application to the Council for permission to do so and shall not, in the absence of such permission, commence or, subject to any rights existing immediately prior to the date on which these rules are promulgated, continue to do so.

 

27.2 In considering such an application the Council shall have regard, inter alia, to the following considerations:
27.2.1 whether it is satisfied that there is in existence in the country in which the associate practises a fund which is, in the opinion of the Council, a sound and effective fund, equivalent to or of the nature of the Fund, referred to in section 25 of the Act;
27.2.2 whether it is satisfied that the associate is effectively covered by such fund and that, if the rules, constitution or other founding or governing instrument of that fund provide for a practising certificate, certificate of membership or other similar document to be held by lawyers whose fidelity it guarantees, the associate holds such currently valid certificate or other document.

 

27.3 If not satisfied in terms of rule 27.2.1 or 27.2.2 the Council shall refuse such permission, but this rule shall not derogate from the Council’s right to refuse such permission, even if so satisfied, on any other ground which it deems fit.

 

27.4 Before granting such permission the Council shall be satisfied, inter alia, that:
27.4.1 the associate is in lawful practice in the country in which he or she practises and in good standing in his or her profession there;
27.4.2 standards of professional conduct which are, in the opinion of the Council, sufficiently high are observed in the country in which the associate practises;
27.4.3 the associate is required to observe the ethical standards and rules of an appropriate law society, bar association or other similar body having jurisdiction over the associate.

 

27.5 A member to whom such permission is granted shall:
27.5.1 forthwith notify the Council if the circumstances contemplated under rule 27.2.1 or 27.2.2 at any time cease to exist;
27.5.2 whenever applying for a fidelity fund certificate, at the same time furnish the secretary with a certificate signed by him or her that those circumstances and the circumstances contemplated under rule 27.4.1 still exist, and for purposes of section 42(3)(a) of the Act the secretary shall regard the requirements of this rule 27.5.2 as requirements of the society;
27.5.3 disclose to his or her clients the fact that he or she practises in association with an associate who carries on the practice of a lawyer outside the Republic.

 

27.6 The Council shall withdraw such permission if it comes to its notice that any of the circumstances contemplated under rules 27.2.1 or 27.2.2 or 27.4 have ceased to exist in relation thereto or that the member to whom it was granted has ceased to practise or has been suspended from practice or forbidden to practise in the province, and may withdraw such permission if it comes to its notice that the associate concerned or the member to whom it was granted has been guilty of any unprofessional or dishonourable or unworthy conduct which is, in the opinion of the Council, of a sufficiently serious nature to render it undesirable that the practice in association should continue.

 

27.7 While holding such permission the member shall disclose on his or her letterheads, professional cards and other stationery the name and place of practice of his or her associate and the fact of the practice in association, and may, subject to the law or any professional rules of the other country concerned, allow similar information relating to the member to be disclosed on the letterheads, professional cards and other stationery of his or her associate.

 

27.8 A member may not practise in association with a practitioner who practises within the Republic unless that practitioner:
27.8.1 is on the roll; and
27.8.2 holds a valid fidelity fund certificate; and
27.8.3 is a member of a Law society.

 

27.9 The provisions of rule 27.7 shall apply to such practice in association.

 

27.10 For purposes of this rule, other than rule 27.9, the expressions "practice in association" and "practise in association" include practice or practise in partnership or as members of a professional company.