Attorneys Act, 1979 (Act No. 53 of 1979)Rules for the Attorneys' ProfessionPart IV : General PracticeProfessional fees, tariffs and allowancesAllowances and commissions |
| 31.1 | No member shall make over, share or divide with any person other than a practitioner in the Republic, or a legal practitioner outside the Republic, either by way of partnership, commission or allowance or in any other manner, any portion whatsoever of his or her professional fees, and no member shall, directly or indirectly, enter into any express or tacit agreement, arrangement or scheme of operation the result or potential result of which is that a person who is not a practitioner, or a legal practitioner outside the Republic, will enjoy, share or participate in his or her professional fees, whether by way of partnership, commission or allowance or in any other manner. |
| 31.2 | Any deed, document, or writing signed or attested by a practitioner, in his or her capacity as such, shall be considered to have been prepared and drawn by him or her, and all fees charged in connection with, or relating to, the preparation, drawing or execution of any such deed, document or writing, shall be considered fees earned by him or her within the meaning of rule 31.1. |
| 32. | Subject to section 83(6) of the Act and to the provisions of rule 31.1, a member shall not, in connection with any mandate which he or she has accepted, agree or arrange to receive from or share with any agent or other third party any commission, fee or other reward, without having disclosed such agreement, arrangement, receipt or sharing to his or her client in writing and without having received his or her client’s written consent thereto and to the retention by him or her for his or her own account of such reward. |