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

Schedules

Schedule 2
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Schedule 2

(Rule 22.1.2.1)

 

Form of Practical Vocational Training Contract

 

Practical vocational training contract entered into at ………………………..… on this ………………………. day of …………………………………..……

 

20…………, between ……………………………………………………………………………….…., an attorney of the High Court of South Africa (hereinafter

 

referred to as the principal) …………….…….. and …………………………. born on …………………...……… (hereinafter referred to as the candidate

attorney).

 

1. The candidate attorney undertakes—
1.1 to serve the principal diligently, honestly and properly in his or her profession as an attorney from the date hereof for such period as may be determined by regulation, and during that period to maintain confidentiality in all matters relating to the business of the principal;
1.2 to execute, at all times, all lawful instructions given to him or her by the principal or any partner of the principal or any person placed in authority over the candidate attorney by the principal or any partner of the principal;
1.3 not to absent himself or herself from his or her employment by the principal without the principal's prior consent;
1.4 subject to any applicable rule or regulation, not to engage in any business whatsoever other than that of a candidate attorney unless the written consent of the principal and the Legal Practice Council has been granted;

 

2. The principal undertakes—
2.1 to use his or her best efforts to teach and instruct the candidate attorney in the practice and profession of an attorney;
2.2 provided the candidate attorney has served his or her period under this contract properly and is in the principal's opinion a fit and proper person for admission, to use his or her best efforts to procure the admission and enrolment of the candidate attorney as an attorney of the High Court of South Africa.

 

3. Should the principal discontinue his or her practice he or she shall not thereafter be bound by this contract but shall cede this contract to another qualified principal.

 

4. Should the candidate attorney:
4.1 not serve the period of service properly in terms of this contract;
4.2 commit a breach of any of the terms of this contract; or
4.3 be guilty of any misconduct

 

the principal will be entitled to cancel this contract and dismiss the candidate attorney from his or her employment, subject always to the employment laws applicable in South Africa.

 

Signed on …………………………………………… 20….......

 

As witnesses:

 

1. .....................................

 

......................................

Principal

 

2. .....................................

 

......................................

Candidate Attorney