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

Rules for the Attorneys' Profession

Part IV : General Practice

Articles of clerkship and contracts of service and candidate attorneys
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21.1Articles of clerkship shall contain the whole agreement entered into between the parties and shall be lodged with the secretary within one month of their execution. Should any subsequent agreement amending the articles be entered into, the amending agreement shall be lodged within 60 days of its execution.

 

21.2The Council shall have the right to reject any articles of clerkship, contracts of service or supplementary agreements lodged as aforesaid, which are in conflict with the Act or which in the opinion of the Council contain any improper or objectionable provisions.

 

21.3Unprofessional or dishonourable or unworthy conduct on the part of a candidate attorney shall include any conduct which would be unprofessional, dishonourable or unworthy had it been perpetrated by a practitioner. Candidate attorneys shall be subject to discipline by the Council and the provisions of these rules shall apply to candidate attorneys.

 

21.4Articles of clerkship and contracts of service shall be substantially in the form set out in the Third Schedule to these rules.

 

21.5In any case which comes to its notice in which the Council is satisfied, after due enquiry, that the principal-candidate attorney relationship between a member and his or her candidate attorney has broken down or deteriorated to such extent that the candidate attorney is unlikely to receive adequate training under the direction of that member, the Council may order that member, and that candidate attorney:
21.5.1to make due endeavour within a period stated by the Council to find another member who is able and willing to take that candidate attorney into service under articles of clerkship or contract of service;
21.5.2before or immediately after the end of that period to report to the secretary in writing the name of such other member, if found, or, if no such member has at the end of that period been found, to report immediately to the secretary in writing on the endeavours made and the reasons for failing to find such other member;
21.5.3in the event of such other member being found, to effect due cession of the articles of clerkship or contract of service to that other member within a period stated by the Council.

 

21.6In the event of the secretary receiving a negative report under rule 21.5.2 he or she may, if satisfied that reasonable endeavours were made to find such other member, grant a reasonable extension of the first mentioned period, at the end of which the member concerned and the candidate attorney shall make a further such report to him or her as referred to in rule 21.5.

 

21.7The secretary shall immediately report to the president the fact of receipt and the contents of any report received by him or her under this rule 21 and whether, and for what period he or she has granted an extension of the first- mentioned period, and shall also report to the president the fact of non-receipt after the first-mentioned period or any extension thereof of any report from the member or the candidate attorney.

 

21.8If no such other member is found within the first-mentioned period or any extension thereof, the Council may, if satisfied after further due enquiry that the aforesaid breakdown or deterioration of relationship has not been remedied, cancel the articles of clerkship or contract of service.

 

21.9Any member and any candidate attorney who fails, without sufficient cause, to comply with the provisions of this rule or with any order of the Council made in terms thereof shall be guilty of unprofessional conduct.

 

21.10A member who, whether by agreement with his or her candidate attorney or otherwise, cancels articles of clerkship or in relation to whom articles or a contract of service to which he or she is a party otherwise terminate shall, within 30 days of the cancellation or other termination, notify the secretary in writing of that fact, furnishing the reasons for the cancellation or other termination. Where articles of clerkship are or a contract of service is lawfully cancelled in this manner or by order of the court or by order of the Council or otherwise lawfully terminate, but not otherwise, the secretary shall endorse the fact and nature of the cancellation or other termination upon the duplicate original of the articles of clerkship or a contract of service kept by him or her.

 

21.11A candidate attorney shall be entitled to be released from office duties for up to eight hours per week in order to attend university or other classes for the purpose of qualifying for the profession.

 

21.12A candidate attorney who has been released from office duties in order to attend such classes shall furnish proof to the satisfaction of his or her principal that he or she has attended all such classes or has provided his or her principal with a reasonable explanation for failing to attend any classes.

 

21.13No member shall permit his or her candidate attorney to appear on his or her behalf in any court or before any board, tribunal or similar body contemplated in section 8(1) of the Act unless and until he or she shall have satisfied himself or herself that the candidate attorney is in possession of a certificate issued under section 8(3) or section 86(2)(d)(ii) of the Act.

 

21.14No candidate attorney shall so appear unless a certificate of right of appearance referred to in section 8(3) has been issued by the society.

 

21.15A member shall notify the secretary in writing of any intended absence, of which he or she is aware, of his or her candidate attorney, from his or her office for a period of more than 30 consecutive working days.