Attorneys’ Practice Admission Exam - Ethics Review

Comprehensive practice flashcards covering legal ethics, admission requirements, advocate-attorney relationships, and the Code of Conduct based on the Attorneys' Admission Exam Paper 3 lecture notes.

Gawie le Roux

The founder and executive director of the Gawie le Roux Institute of Law and a non-practising attorney and conveyancer.

Johan van Stade

An admitted attorney, conveyancer, and notary public who co-authored and presents the Attorneys' Practice (Ethics) course.

Advocates

Legal practitioners who specialize in litigation and court craft, often referred to as specialist litigators.

Referral rule

A rule stating that counsel shall accept a brief only from an attorney, except for specific entities like justice centres or the state attorney.

Brief

Written or emailed instructions from an attorney to a counsel to act for a client in a particular matter.

Counsel's chambers

The suites of offices where advocates associate and where consultations with clients are required to be held.

General Council of the Bar

A regulatory body whose rules prohibit advocates from meeting in an attorney's office without special permission.

Attorney’s responsibility for fees

The personal capacity of an attorney to be liable for payment of counsel's fees based on express or implied agreement.

$s\,34(2)(a)(ii)$ Advocates

A category of advocates who may take instructions directly from the public provided they have a Fidelity Fund Certificate.

Fidelity Fund Certificate

A requirement for attorneys and trust account advocates that enables them to receive or hold money from the public.

Attorneys

The general practitioners of the legal profession who provide advice, draft documents, and manage legal administration for the public.

$s\,24(2)(b)$ Fit and proper

An admission requirement where a person must display characteristics of honesty, integrity, and reliability.

Practical vocational training (PVT) contract

A period of service (articles or clerkship) under a practicing attorney required for admission to the profession.

Duty to obey instructions

The attorney's duty as the client's agent, which is limited by the professional code not to perform unlawful or unethical acts.

Duty of absolute honesty

A duty to be open, frank, and honest in the disclosure of facts and law, precluding deliberate lies or misleading statements.

Duty to conduct cases efficiently

A professional obligation to carry out work in a timely manner and avoid taking on work that the practitioner cannot adequately handle.

Legal professional privilege

The protection of confidential communications between a client and their legal representative from being disclosed.

Attorney’s lien

The right to retain documents on which a practitioner has bestowed skill and labour until fees and disbursements are paid.

Code of Conduct

The set of ethical and moral standards for all legal practitioners and candidate legal practitioners effective from 29 March 2019.

Misconduct

A breach of the Legal Practice Act or Code of Conduct, or behavior that brings the attorney's profession into disrepute.

Paramountcy of client interests

The rule that practitioners must prioritize client interests, subject to their duty to the court and the interests of justice.

Reasonable fee

A charging principle where no practitioner may fail to carry out a mandate based on non-payment if demand is made in an unreasonable manner.

Publicity

Direct or indirect references to a practitioner or firm published via written, pictorial, or oral means across any medium.

Specialisation

The act of advertising expertise in a specific branch of law, subject to conditions which the Council may impose.

Ex parte proceedings

Legal proceedings where a practitioner has a special duty to disclose every known fact that might influence the court's decision.

$$\text{Rule } 57.5$$

Requires the disclosure to a court of all relevant authorities known to the practitioner that might bear on the decision.

$$\text{Rule } 57.9$$

A rule prohibiting a legal practitioner from relying on any statement made in evidence that they know to be incorrect or false.

Commissioner of oaths

A person whose role includes administering oaths or affirmations and certifying documents as true copies of the original.

Ex officio commissioner

An appointment held by virtue of one's office; for example, an attorney is automatically a commissioner of oaths.

Affidavit

A written statement where the deponent swears an oath (e.g., 'so help me God') that the contents are true.

Affirmation

A solemn declaration made by a deponent who objects to taking an oath or does not consider an oath binding on their conscience.

Conflict of interest

Anything that is likely to adversely affect a practitioner’s judgment or loyalty in representing or advising a client.

Rule of separate representation

The requirement that once litigation is probable, an attorney previously acting for both parties must ensure clients are separately represented.

General practitioner

A term used to describe attorneys who handle a broad range of legal matters for individuals, businesses, and corporations.

Brief marked with a fee

A brief offered by an attorney containing a set fee; counsel's acceptance signifies tacit agreement to that amount.