Department of Jurisprudence
Professional Ethics
LJU4802
Assignment 01
Initial and Surname: B. Nkosi
Student Number: 12650765
Email: [email protected]
Cellphone Number: +27 67 793 5820
22 August 2024
Question 1
Legal Practice Act 28 of 2014.
Question 2
2.1 South African Legal Practice Council.
2.2 LPC was created in terms of section 4 of the Legal Practice Act as a body
corporate with full legal capacity to exercise jurisdiction over all legal practitioners as
it contemplates.
Question 3
It needs determinated whether or not the respondent has shown cause for her name
not to be struck from the roll of legal practitioners thus the onus of proof is on the
respondent . 35
Question 4
The Act is interpreted as the legislature intention of protecting the public by enforcing
that practitioners keep proper accounting Failure of which is a serious contravention8
. It is therefore the practitioners duty to keep proper accounting and ensure that there
always an amount for claims9 .
Question 5
5.1 Mr Odgers instructed the respondent to handle a matter on his behalf which
related to the custody of a minor child. He was charged and he paid a total amount
of R65 005,00 for services which he did not receive. He challenges the respondent’s
fees and disbursements as the respondent failed to account for the charges.
5.1
The time and labour required to deal with an instructed matter.
Consider fees that are normally charged by the advocate for the same matter.
The difficulty and novelty of the issues of the matter.
The skill and expertise required in Oder to deal with the instructed matter.
Question 6
6.1Advocates practicing with fidelity fund certificates (Trust Account Advocates)
The second type of advocates are advocates who may be directly approached by
clients without the involvement of an attorney IF these advocates are in possession
of fidelity fund certificates.
As we mentioned above, attorneys must operate a trust account. Section 86(1) of the
Legal Practice Act however also obliges Trust Account Advocates to operate a trust
account at a bank with which the Fidelity Fund has such an arrangement. All money
held by the attorney or the Trust Account Advocate on behalf of another person must
be deposited into the trust account (section 86(2)). Section 88(1)(a) makes it clear
thatmoney held in the trust account of an attorney or a Trust Account Advocate on
behalf of another person does not form part of the assets of the attorney or the
advocate.
6.2
Question 7
7.1 These objectives are to discipline and punish the errand attorney and also to
protect the public where trust funds are involved[11].
7.2 the court must first establish whether the alleged conduct has been established
on a balance of probabilities or not, there the court in its discretion has to determine
if the person concerned is fit and proper it continue practice and thereafter if the
court has to determine whether to temporarily suspend or remove the person
concerned from the roll.
Question 8
In the case of Kaplan v Incorporated Law Society, Transvaal 1981 All SA 15 (T), the
applicant in this matter was previously struck off the roll for unprofessional,
dishonourable or disgraceful conduct.
The onus in this matter was on the Applicant to show cause that he is rehabilitated
from his previous misconduct.
The court had to consider the nature and marits of the punished misconduct,
reasons for such conduct and whether the court is convinced that the applicant after
undergoing rehabilitation if he is fit and proper to be readmitted as an attorney.46
Bibliography
Tutorial letter for LJU4802 T/L501
Kaplan v Incorporated Law Society, Transvaal 1981 All SA 15 (T)
