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

Rules

Final Rules as per section 95(1), 95(3) and 109(2) of the Legal Practice Act 28 of 2014

Part VIII

Rendering of Legal Services
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33. Legal services which may be rendered by advocate in possession of Fidelity Fund certificate

[section 95(1)(zA) read with section 34(2)(b)]

 

An advocate referred to in section 34(2)(a)(ii) of the Act who is in possession of a Fidelity Fund certificate may render all those legal services which advocates were entitled to render before the commencement of the Act, and may perform such functions ancillary to his or her instructions as are necessary to enable him or her properly to represent the client.

 

34. Briefing of advocates by attorneys and by members of the public

[section 95(1)(zB) read with section 34(3)]

 

All briefs to advocates as contemplated in section 34(2)(a)(i) shall be subject to the terms and conditions contained in Part IV and Part V of the code of conduct made under section 97(1)(b) of the Act applicable to that category of advocate, or under any code of conduct developed under section 36 of the Act.

 

35. Instruction of attorneys

[section 95(1)(zC) read with section 34(4)]

 

35.1 For purposes of this Rule 35 "client" means the user or intended user of legal services to be provided by an attorney.

 

35.2 Instructions by a client to an attorney may be in writing or may be verbal.

 

35.3 When written instructions are given by a client to an attorney the attorney must ensure that they set out the intended scope of the engagement with sufficient clarity to enable the attorney to understand the full extent of the mandate. If the attorney is uncertain as to the scope of the mandate the attorney must seek written clarification of the intended scope of the instruction.

 

35.4 Where the client instructs the attorney verbally, the attorney must as soon as practically possible confirm the instructions in writing and in particular must set out the attorney's understanding of the scope of the engagement.

 

35.5 An attorney who is in receipt of instructions from a client must comply with those provisions of the Act which relate to the provision of legal services, including, without limitation, the provisions of sections 34 and 35 of the Act.

 

35.6 Rule 35 applies, with the necessary changes, to an advocate contemplated in section 34(2)(a)(ii) of the Act who is in possession of a Fidelity Fund certificate.