LEGAL PRACTICE ACT: SECTION 33-35

Who may render legal services for a fee, commission, gain or reward?

Only a legal practitioner who has been admitted and enrolled in terms of the Legal Practice Act, subject to any other law.

What acts may an unqualified person NOT perform for reward in terms of section 33(1)?

They may not:

1. Appear in courts, boards or tribunals where only legal practitioners may appear.

2. Draw up or execute legal documents intended for use in civil or criminal proceedings.

May a person hold themselves out as a legal practitioner if they are not admitted and enrolled?

No. A person may not represent themselves or use any description implying they are a legal practitioner.

Who may perform acts reserved specifically for advocates, attorneys, conveyancers, or notaries?

Only a person who is qualified in that particular capacity.

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May a legal practitioner who has been struck off or suspended continue practising?

No. They may not:

• Render legal services for their own account, partnership, association, or legal practice.

• Work in a legal practice without prior written consent of the Council

How may an attorney render legal services?

An attorney may render legal services directly to the public for a fee, commission, gain, or reward.

In what forms may an attorney practise?

An attorney may practise:

1. For their own account.

2. As part of a commercial juristic entity (only with other attorneys).

3. As part of a law clinic.

4. As part of Legal Aid South Africa.

5. As a full-time state attorney or at the South African Human Rights Commission

May attorneys share professional fees with non-attorneys?

No. Attorneys in commercial juristic entities may only share or divide professional fees with other attorneys.

How may an advocate receive work?

An advocate may receive work:

1. Through a brief from an attorney.

2. Directly from a member of the public.

3. Directly from a justice centre.

What must an advocate have to accept instructions directly from the public?

The advocate must:

• Have a Fidelity Fund certificate.

• Practise in accordance with Chapter 7 requirements.

• Notify the Council.

Does an advocate instructed by a justice centre need a Fidelity Fund certificate?

No. The requirements for direct public briefing do not apply when instructed by a justice centre.

In what forms may an advocate practise?

An advocate may practise:

1. For their own account.

2. As part of a law clinic.

3. As part of Legal Aid South Africa.

4. As a full-time state advocate or at the South African Human Rights Commission.

May advocates share professional fees?

No. Advocates practising for their own account may not share or divide their professional fees.

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What are the requirements for a commercial juristic entity conducting a legal practice?

It must:

1. Be owned exclusively by attorneys.

2. Render legal services only through or under the supervision of admitted and enrolled attorneys.

3. Hold shareholders, partners, or members jointly and severally liable for:

   • Debts and liabilities incurred during their office.

   • Theft committed during their office.

Who may establish a law clinic?

A law clinic may be established by:

1. A non-profit juristic entity approved by the Council.

2. A university law faculty.

What are the requirements for a law clinic?

It:

• Must render services through or under supervision of attorneys.

• May not share professional fees.

• May not distribute income or property except reasonable compensation.

• May only engage candidate legal practitioners if Council requirements are met.

• May not render services prohibited by Council rules.

How must legal services of a law clinic be provided?

They must:

• Be accessible to the public.

• Be rendered free of charge, except for recovery of actual disbursements.

What must the Council investigate regarding future forms of legal practice?

The Council must investigate:

• Limited liability legal practices.

• Multi-disciplinary practices.

• Statutory recognition of paralegals.

Who determines tariffs for legal services until a new system is implemented?

The Rules Board for Courts of Law.

What factors must be considered when determining legal tariffs?

The:

1. Importance and complexity of the matter.

2. Expertise, seniority, and experience of the practitioner.

3. Volume of work and time spent.

4. Financial implications of the matter.

Can a client agree to pay fees above or below prescribed tariffs?

Yes. A client may voluntarily agree in writing to fees above or below the tariffs.

What must the South African Law Reform Commission investigate regarding legal fees?

It must investigate:

• Unaffordable legal fees.

• Ways to improve access to justice.

• A mechanism for determining fees.

• The composition and procedures of that mechanism.

• Voluntary fee agreements.

• Mandatory fee arrangements with clients.

What considerations must the South African Law Reform Commission take into account?

It must consider:

1. Best international practices.

2. Public interest.

3. Interests of the legal profession.

4. Contingency fee agreements.

Who may determine maximum tariffs for work done for State departments or government?

The Minister may determine maximum tariffs by notice in the Gazette.

When must an attorney or directly briefed advocate provide a cost estimate notice?

When first receiving instructions from the client or as soon as practically possible thereafter.

What must a cost estimate notice include?

It must include:

1. Likely financial implications (fees, charges, disbursements, costs).

2. Hourly rate and the client’s right to negotiate fees.

3. Work to be done at each stage of litigation.

4. Likelihood of engaging an advocate and differences in advocate fees.

5. Consequences of withdrawing from litigation and the costs recovery regime.

Besides giving a written cost estimate, what must the attorney or advocate do?

They must verbally explain every aspect of the notice and any relevant cost issues.

What must the client do after receiving the cost estimate notice?

The client must agree in writing to the legal services and estimated costs.

What is the consequence of failing to comply with the cost estimate requirements?

It constitutes misconduct.

Is a client required to pay legal costs if the attorney or advocate did not comply with the cost estimate provisions?

No. The client is not required to pay until the Council reviews the matter and determines the amount payable.

Do these cost estimate provisions prevent contingency fee agreements?

No. Contingency fee agreements remain permissible under the Contingency Fees Act, 1997.

Section 33 = WHO may practise?

Only admitted and enrolled legal practitioners

NB: Unqualified persons cannot appear, draft court documents, or hold themselves out as legal practitioners.

Section 34 = HOW may they practise?

Attorneys, advocates, juristic entities, and law clinics

• Attorneys → direct public access.

• Advocates → attorneys, public (with FFC), or justice centres.

• No fee sharing by advocates.

• Law clinics → supervised by attorneys and generally free.

Section 35 = HOW much do they charge?

Tariffs, fee agreements, and cost estimate notices

• Tariffs determined by Rules Board.

• Clients may negotiate fees in writing.

• Cost estimate notice + verbal explanation are compulsory.

• Non-compliance = misconduct and payment may be withheld.