Legal Practice Act, 2014 (Act No. 28 of 2014)

Code of Conduct

Code of Conduct for all Legal Practitioners, Candidate Legal Practitioners and Juristic Entitites

Part VII

Conduct of legal practitioners not in private practice
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63.1 Unless otherwise stated or unless the context indicates otherwise, Part VII of this code applies only to legal practitioners who are not in private practice and who are employed by an employer for the purpose of providing that employer with a dedicated source of legal services and advice in exchange for a salary or remuneration (all of whom, for purposes of Part VII, and unless the context otherwise requires, shall be referred to as "corporate counsel"). If Part VII of this code conflicts with the provisions of Part II then the provisions of Part II will prevail and take precedence over the provisions of Part VII.

 

63.2 Corporate counsel must at all times act in an ethical manner and should, without limiting the general nature of this duty, adhere to the following standards of conduct:
63.2.1 act in a fair, honest and transparent manner, and with dignity and integrity;
63.2.2 remain impartial and objective, and avoid subordination or undue influence of their judgment by others;
63.2.3 give effect to legal and ethical values and requirements, and treat any gap or deficiency in a law, regulation, standard or code in an ethical and responsible manner;
63.2.4 not engage in any act of dishonesty, corruption or bribery;
63.2.5 make disclosure to any relevant party any personal, business or financial interest in his or her employer or its business or in any stakeholder so as to avoid any perceived, real or potential conflict of interest;
63.2.6 not knowingly misrepresent or permit misrepresentation of any fact;
63.2.7 provide opinions, decisions, advice, legal services or recommendations that are honest and objective.

 

63.3 Corporate counsel must, when providing legal services or advice to his or her employer, be free from any conflict of interest, financial interest or self interest in discharging his or her duty to the employer. Without limiting the generality of this duty, a corporate counsel must—
63.3.1 be and appear to be free of any undue influence or self-interest, direct or indirect, which may be regarded as being incompatible with his or her integrity or objectivity;
63.3.2 assess every situation for possible conflict of interest or financial interest, and be alert to the possibility of conflicts of interest;
63.3.3 immediately declare any conflict of interest or financial interest in a matter, and must recuse himself or herself from any involvement in the matter;
63.3.4 be aware of and discourage potential relationships which could give rise to the possibility or appearance of a conflict of interest;
63.3.5 not accept any gift, benefit, consideration or compensation that may compromise or may be perceived as compromising his or her independence or judgment.

 

63.4 Corporate counsel must at all times act in a professional manner. Without limiting the generality of this duty corporate counsel must—
63.4.1 act with such a degree of skill, care, attention and diligence as may reasonably be expected from a corporate counsel;
63.4.2 communicate in an open and transparent manner with his or her employer and with third parties, and not intentionally mislead his or her employer or any third party;
63.4.3make objective and impartial decisions based on thorough research and on an assessment of the facts and the context of the matter;
63.4.4 exercise independent and professional judgment in all dealings with his or her employer and with third parties;
63.4.5 remain reasonably abreast of legal developments, applicable laws, regulations, legal theory and the common law, particularly where they apply to his or her employer and the industry within which he or she operates;
63.4.6 comply with and observe the letter and the spirit of the law, and in particular those relevant to his or her employer or to the industry in which he or she operates, including internal binding and non-binding codes, principles and standards of conduct;
63.4.7 observe and protect confidentiality and privacy of all information made available to him or her and received during the course of performing his or her duties, unless there is a legal obligation to disclose that information;
63.4.8 generally act in a manner consistent with the good reputation of legal practitioners and of the legal profession, and refrain from conduct which may harm the public, the legal profession or legal practitioners or which may bring the legal profession or legal practitioners into disrepute.