Legal practice

A terminated mandate and premature execution: Lessons from the Patel case

Terminated mandates Clients enjoy the freedom to instruct a legal practitioner of their choice. This is recognised in the Code of Conduct for all Legal Practitioners, Candidate Legal Practitioners and […]

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Notes on drafting a plea

This article has been prepared with the intention to serve as a quick and ready guide in drafting a plea. They do not have, as LTC Harms puts it in […]

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Rational distinction debated on the Legal Practice Act

The Constitution serves as the supreme source of law in the country (see s 2), it equally serves as the foundation of all other laws that end up being promulgated […]

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Conversion of the status of a legal practitioner

South African Legal Practice Council v Alves and Others 2021 (4) SA 158 (SCA) The Legal Practice Council (LPC) plays a pivotal role in the lives of legal practitioners and […]

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Firm structures: Division of tasks is not immunity from risks

Law firms commonly implement internal structures aimed at meeting their peculiar requirements. The structures may include rules for the admission of partners (directors in the case of incorporated firms) and […]

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The billable hour dilemma: Time to reconsider legal billing practices

By Nicholaas Smuts The legal profession has long relied on the billable hour as the standard method for charging clients. Lawyers meticulously track their working hours, and clients are subsequently […]

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Collective liability: Does the financial misconduct of one director of a law firm invoke liability of all directors?

Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others (SCA) (unreported case no 459/22, 26-7-2023) (Nicholls JA (Saldulker and Carelse JJA and Nhlangulela […]

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Do the community service regulations go far enough or are poor people losing out?

The Department of Justice and Constitutional Development published a notice on 11 August 2023 on the rendering of community service by candidate legal practitioners and legal practitioners (Legal Practice Act […]

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Requirements for readmission as a legal practitioner

A person who has previously been removed from or struck off the roll of legal practitioners on the grounds that he or she was not a fit and proper person […]

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The need for effective training programs in law firms

It goes without saying that legal practice is constantly evolving and that legal practitioners must keep up with these changes. On the one hand, there is a need to have […]

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