Attorneys Act, 1979 (Act No. 53 of 1979)Rules for the Attorneys' ProfessionPart VI : ConductConduct |
| 39. | Members shall comply with the rules of professional conduct set out below. A member who fails to so comply shall be guilty of unprofessional and/or dishonourable and/or unworthy conduct. |
| 40. | Members shall at all times: |
| 40.1 | maintain the highest standards of honesty and integrity; |
| 40.2 | treat the interests of their clients as paramount, provided that their conduct shall be subject always to: |
| 40.2.1 | their duty to the court; |
| 40.2.2 | the interests of justice; |
| 40.2.3 | the observation of the law; |
| 40.2.4 | the maintenance of the ethical standards prescribed by these rules and generally recognised by the profession; |
| 40.3 | honour any undertaking given in the course of their practice, unless prohibited by law; |
| 40.4 | refrain from doing anything in a manner prohibited by law or by the code of conduct of the profession which places or could place them in a position in which a client's interests conflict with their own or those of other clients; |
| 40.5 | maintain confidentiality regarding the affairs of present or former clients, unless otherwise required by law; |
| 40.6 | respect the freedom of clients to be represented by the lawyer of their choice; |
| 40.7 | account faithfully, accurately and timeously for any of their clients' money which comes into their possession, keep such money separate from their own money, and retain such money for so long only as is strictly necessary; |
| 40.8 | retain the independence necessary to enable them to give their clients unbiased advice; |
| 40.9 | advise their clients at the earliest possible opportunity on the likely success of such clients' cases and not generate unnecessary work, nor involve their clients in unnecessary expense; |
| 40.10 | use their best efforts to carry out work in a competent and timely manner and not take on work which they do not reasonably believe they will be able to carry out in that manner; |
| 40.11 | be entitled to a reasonable fee for their work, provided that no member shall fail or refuse to carry out, or continue, a mandate on the ground of non-payment of fees and disbursements (or the provision of advance cover therefor) if demand for such payment or provision is made at an unreasonable time or in an unreasonable manner; |
| 40.12 | remain reasonably abreast of developments in the law and legal practice in the fields in which they practise; |
| 40.13 | behave towards their colleagues, including any legal practitioner from a foreign jurisdiction, with integrity, fairness and respect; |
| 40.14 | refrain from doing anything which could or might bring the attorneys' profession into disrepute. |