The Legal Practice Council (LPC) has been in existence for the past five years, yet there are still legal practitioners who do not know its function or the difference between the LPC and the Law Society of South Africa (LSSA). There is widespread confusion in the profession about the difference between the LPC and the LSSA. This stems from the fact that many legal practitioners do not know that the functions performed by the LPC are vastly different from those performed by the LSSA.

For a simpler explanation, the LPC has taken over the regulatory functions of the former four provincial societies, namely the Cape Law Society, the Law Society of the Free State, the KwaZulu-Natal Law Society, and the Law Society of the Northern Provinces. On the other hand, functions of the LSSA are:

• To provide legal education through its Legal Education and Development (LEAD) division. LEAD provides access to quality learning, which is relevant and affordable through its extensive range of learning activities (seminars, courses, etcetera).
• To publish the De Rebusjournal, which is an educational tool used by the profession for research purposes.
• Through its Professional Affairs Department, to coordinate and support the activities and representations of the LSSA’s specialist committees. The department comments on issues and legislation that affects the legal profession and the public. The department also liaises with Parliament and LSSA stakeholders and coordinates special projects.

Since the enactment of the Legal Practice Act 28 of 2014 (LPA), the LSSA has been positioning itself as a member interest organisation with a new mandate of serving attorneys and candidate attorneys. Since 29 October 2018, the mission of the LSSA has been to represent the attorneys’ profession, safeguard the rule of law via the efficient and fair administration of justice, while the LSSA’s vision has been to empower attorneys so that they can provide excellent legal services to the community in an ethical, professional, considerate, and competent manner. The LSSA brings together the Black Lawyers Association, the National Association of Democratic Lawyers and independent attorneys, in representing the attorneys’ profession in South Africa.

The LSSA conducts several behind the scenes activities that the profession does not see but would have felt their impact had the LSSA not intervened. The LSSA intervenes on behalf of the profession to influence legislation and other issues that affect the profession. The LSSA has made numerous submissions on behalf of the profession on issues that affect the profession, justice administration, and the rule of law. The LSSA also participates in various professional interest and public interest cases, either as a party or as amicus.

The website of the LPC states that: ‘The Legal Practice Council is a national, statutory body established in terms of section 4 of the Legal Practice Act, No 28 of 2014. The Legal Practice Council and its Provincial Councils regulate the affairs of and exercise jurisdiction over all legal practitioners (attorneys and advocates) and candidate legal practitioners’. ‘The Legal Practice Council is mandated to set norms and standards, to provide for the admission and enrolment of legal practitioners and to regulate the professional conduct of legal practitioners to ensure accountability’.

In a broader sense, the objectives of the LPC are to represent the public’s interest, while regulating and disciplining legal practitioners and candidate legal practitioners. Section 5 of the LPA sets out the objectives of the LPC, which are to:

‘(a)       facilitate the realisation of the goal of a transformed and restructured legal profession that is accountable, efficient and independent;

(b)        ensure that fees charged by legal practitioners for legal services rendered are reasonable and promote access to legal services, thereby enhancing access to justice;

(c)        promote and protect the public interest;

(d)        regulate all legal practitioners and all candidate legal practitioners;

(e)        preserve and uphold the independence of the legal profession;

(f)         enhance and maintain the integrity and status of the legal profession;

(g)        determine, enhance and maintain appropriate standards of professional practice and ethical conduct of all legal practitioners and all candidate legal practitioners;

(h)        promote high standards of legal education and training, and compulsory post-qualification professional development;

(i)         promote access to the legal profession, in pursuit of a legal profession that broadly reflects the demographics of the Republic;

(j)         ensure accessible and sustainable training of law graduates aspiring to be admitted and enrolled as legal practitioners;

(k)        uphold and advance the rule of law, the administration of justice, and the Constitution of the Republic; and

(l)         give effect to the provisions of this Act in order to achieve the purpose of this Act, as set out in section 3.’

The difference in functions between the LSSA and the LPC

As can be seen from the below, there are fundamental differences between the LSSA and the LPC. Legal practitioners are advised to regularly read notices or newsletters issued by the LSSA in order to keep informed.

The De Rebus Editorial Committee and staff wish all our readers
compliments of the season and a prosperous new year.
De Rebus will be back in 2024 with its combined January/February edition,
which will be available at the beginning of February 2023.

This article was first published in De Rebus in 2023 (Dec) DR 3.