It’s 2025 and you still don’t know the difference between the Law Society of South Africa and the Legal Practice Council?

February 1st, 2025
x
Bookmark

Despite the Legal Practice Council (LPC) having been established six years ago, confusion persists among legal practitioners regarding its role and how it differs from the Law Society of South Africa (LSSA). This misunderstanding has led to practical challenges, from misplaced compliance submissions to a lack of clarity about representation and regulation within the profession. Addressing this confusion is critical to ensuring the smooth functioning of South Africa’s legal ecosystem.

The LPC, a statutory body established under the Legal Practice Act 28 of 2014 (LPA), primarily regulates the legal profession. Its mandate includes setting norms and standards, regulating professional conduct, and ensuring accountability among attorneys and advocates. Insofar as the LPC is concerned, there are in place the LPA itself, Rules and a Code of Conduct, whereas in the case of the LSSA, it operates in terms of its own constitution.

The LSSA, on the other hand, is a voluntary, member-interest organisation that advocates for the rights and interests of attorneys, provides educational resources, and serves as the collective voice of the profession. These distinctions underpin their complementary but distinct roles.

The role and mandate of the LPC

The LPC’s statutory responsibilities are outlined in s 5 of the LPA. Its primary objectives include:

  • Facilitating a transformed, accountable, and independent legal profession.
  • Regulating professional conduct and ensuring fees are reasonable to enhance access to justice.
  • Upholding the rule of law and advancing the administration of justice.
  • Ensuring high standards of legal education and compulsory post-qualification development.
  • Promoting equitable access to the profession, reflecting South Africa’s demographics.

Since its inception, the LPC has taken over the regulatory functions previously performed by the four provincial law societies. This includes overseeing the admission, enrolment, and discipline of legal practitioners. Additionally, the LPC is tasked with safeguarding the public interest by enforcing accountability and ethical standards within the profession.

The LPC’s work impacts every aspect of legal practice. Its functions ensure the credibility of the legal profession, enabling the public to trust attorneys and advocates. By setting norms and standards, the LPC maintains professional integrity while driving transformation.

The LSSA: The voice of the profession

Since the establishment of the LPC, the LSSA has transformed into a dynamic member-interest organisation. Its primary focus is on representing attorneys and safeguarding the rule of law through advocacy, education, and support. The LSSA’s work ensures that legal practitioners are empowered to deliver ethical, professional, and competent services to the public.

Key functions of the LSSA include:
  • Legal Education and Development (LEAD): The LSSA’s LEAD division is the cornerstone of legal education in South Africa. LEAD provides practical vocational training (PVT) programmes for candidate attorneys, including 23-day courses designed to prepare candidates for admission examinations. Post-admission training programmes ensure that attorneys remain informed about evolving legal trends. LEAD also offers subsidised practice management training to help attorneys run efficient practices.
  • Publications: The LSSA publishes De Rebus, a digital journal that serves as an invaluable resource for legal practitioners. Since its digitisation in 2019, De Rebus has become a readily accessible platform for research, legal education, and professional development. The journal highlights key legal developments, offers guidance on complex issues, and reflects the profession’s collective voice.
  • Advocacy and representation: The LSSA plays a vital role in engaging stakeholders such as Parliament, government departments, and the judiciary. Its submissions on draft legislation and policy changes ensure that attorneys’ interests are considered in national decision-making processes. Notable recent advocacy efforts include submissions on legal fees, the Road Accident Fund, and amendments to the National Credit Act 34 of 2005.
  • Transformation and access initiatives: The LSSA remains committed to advancing transformation within the legal profession. This includes supporting gender equity initiatives through its Women’s Task Team and offering mentorship programmes for young and aspiring attorneys. The LSSA’s efforts ensure that the profession becomes more inclusive and representative of South Africa’s demographics.
  • Professional affairs: Through its specialist committees, the LSSA addresses issues ranging from ethics and compliance to legislative developments. These committees provide expert insights, helping the profession navigate complex challenges while upholding its ethical standards.
  • Practice support: The LSSA provides practical resources for attorneys, including guidance on compliance with laws such as the Protection of Personal Information Act 4 of 2013 (POPIA) and the Financial Intelligence Centre Act 38 of 2001 (FICA). Practice management tools, mentorship opportunities, and cybersecurity resources help attorneys adapt to modern challenges.
The complementary roles of the LPC and LSSA

Although the LPC and LSSA have distinct mandates, their functions often intersect to benefit the legal profession and the public. While the LPC’s regulatory focus ensures accountability and discipline, the LSSA’s advocacy and educational efforts empower practitioners to thrive in a demanding environment. Both organisations play pivotal roles in maintaining the profession’s integrity, fostering transformation, and ensuring access to justice.

For example, the LSSA’s engagement with policymakers complements the LPC’s regulatory work. The LSSA ensures that attorneys’ voices are heard in legislative debates, while the LPC enforces compliance with laws and professional standards. This dual approach creates a robust framework for a thriving legal profession.

A call to action for the legal profession

As the legal landscape evolves, it is imperative for practitioners to stay informed about the roles and functions of the LPC and LSSA. Understanding the distinction between these organisations is not merely an academic exercise; it directly impacts how attorneys navigate their professional responsibilities and engage with the broader legal community.

Attorneys are encouraged to actively participate in the initiatives led by the LSSA and comply with the regulatory standards set by the LPC. By engaging with both organisations, attorneys can ensure they are contributing to a profession that is ethical, inclusive, and resilient.

Additionally, attorneys should take advantage of the resources and training programmes offered by LEAD, subscribe to De Rebus, and remain engaged with the LSSA’s advocacy efforts. These tools are invaluable for staying ahead in a competitive and rapidly changing profession.

Conclusion

The LPC and LSSA are both indispensable to South Africa’s legal profession. While the LPC ensures accountability and public trust through regulation, the LSSA provides a voice for attorneys, fostering professional growth and transformation. Together, these organisations uphold the integrity of the legal system and ensure that attorneys can serve the public effectively.

To ensure continued excellence in the legal profession, practitioners must actively engage with both the LPC and LSSA. By doing so, they can uphold the values of justice, professionalism, and ethical practice.

For more information or to get involved:

Legal Practice Council (LPC)

Law Society of South Africa (LSSA)

By bridging the gap between regulation and representation, the legal profession can continue to evolve, ensuring justice and excellence for all.

 

Mapula Oliphant NDip Journ (DUT) BTech (Journ) (TUT) is the Editor at De Rebus

This article was first published in De Rebus in 2025 (Jan/Feb) DR 3.

X
De Rebus