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

Rules for the Attorneys' Profession

Part IV : General Practice

Practitioners who cease to practise and winding up of abandoned practices
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26.1Before applying for the removal of his or her name from the roll a practitioner who practises or has practised for his or her own account in the area of jurisdiction of the society shall:
26.1.1advise the secretary in writing of that fact;
26.1.2unless exempted by the Council, furnish the secretary with a certificate by an auditor approved by the Council, or such other proof as the Council may require, that proper provision has been made for the liquidation, taking over or protection of all trust money;
26.1.3satisfy the Council by affidavit or otherwise, as the Council may require, that:
26.1.3.1all obligations to clients have been discharged or duly assigned with such consents as may be necessary; and
26.1.3.2any other requirements, including those set out in rules 35.29 and 35.30, which the Council deems necessary for the protection of trust money or other assets held in trust, the completion of work on hand, the handling of queries and in general the orderly winding up of his or her practice or former practice, have been met;
26.1.4state in his or her application that he or she has complied with the provisions of this rule 26.1.

 

26.2Before or as soon as may be after ceasing voluntarily to practise for any reason other than pursuant to rule 26.1, a practitioner who practises or has practised for his or her own account in the area of jurisdiction of the society shall comply with the provisions of rule 26.1 other than those of rule 26.1.4 and shall thereafter inform the secretary in writing of any changes in his or her business, postal and residential addresses for a period of three years from the date of his or her ceasing to practise or for so long as his or her name remains upon the roll, whichever period is the shorter.

 

26.3Without derogating from the provisions of rules 26.1 and 26.2, should a practitioner who practised as the sole proprietor of a practice in the area of jurisdiction of the society, for any reason whatsoever have ceased so to practise without having, in the view of the secretary, made adequate arrangements for the continuance or winding up of his or her practice or for the protection of his or her or his or her clients’ affairs or property, any firm may, at the request and under the direction of the secretary, take such steps as may appear necessary to ensure that such practice is wound up with reasonable expedition, subject to any right which such firm may have to recover the reasonable expenses of such winding up or other compensation from such practitioner or from his or her estate or from any other source. Where the secretary himself or herself intervenes or assists a practitioner for the purpose of winding up the practice of the practitioner concerned, he or she will also be entitled to recover from the practitioner or from his or her estate, on behalf of the society, the reasonable expenses incurred by him or her and reasonable compensation for the work done by him or her in connection with his or her assistance or intervention.