Code of Conduct for legal practitioners published for comment
The Legal Practice Council (LPC) will gazette the draft amended Code of Conduct for public comment later this week in terms of s 36(5) of the Legal Practice Act 28 of 2014 (as amended) (LPA). The deadline for comments to the LPC is 7 February 2019.
Practitioners are urged to interrogate the Code carefully and submit their comments to the LPC. In terms of s 36(2) of the LPA, the code of conduct serves as the prevailing standard of conduct, which legal practitioners, candidate legal practitioners and juristic entities must adhere to; and failure to do so constitutes misconduct.
Written comments should be addressed to Ms Charity Nzuza, Acting Executive Officer, Legal Practice Council at e-mail address codeofconduct@lpc.org.za, or hand delivered to the LPC at Procforum Building, 123 Paul Kruger Street, Pretoria.
The draft code deals with
the conduct of attorneys: Approaches and publicity; specialisation and expertise; sharing of fees; sharing of offices; payment of commission; naming of partners and practice; replying to communications; naming in deed of alienation; specific provisions relating to conduct of attorneys; misconduct;
the conduct of referral advocates and advocates with trust accounts;
the conduct of legal practitioners and candidate legal practitioners in relation to appearances in court and before tribunals: general; interviewing of witnesses of the opposing party in civil proceedings; interviewing of prosecution witnesses by defence legal practitioner; and
the conduct of legal practitioners not in private practice
Notice from the Legal Practice Council