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 email@example.com, 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