Attorneys Act: Attorneys profession: Rules

1 This gazette is also available free online at No. 39740 GOVERNMENT GAZETTE, 26 FEBRUARY 2016 General notices alGemene KennisGewinGsNon-Governmental Organization/ Nie-RegeringsorganisasieNON-GOVERNMENTAL ORGANIZATIONNOTICE 2 OF 2016 2 Attorneys Act (53/1979): Rules for the Attorneys Profession 39740 Rules FOR THE Attorneys PROFESSION: The Law Societyof the Northern Provinces (LSNP):It is hereby notified that the Rules of The Law Society of the Northern Provinces made under authority of Section 74(1) of the Attorneys Act, No. 53 of 1979 and promulgated in Government Gazette No. 7164 of 1 August 1980 and all the subsequent amendments thereto, are hereby repealed in toto, to be replaced by theRules for the Attorneys Profession.

2 These Rules have been approved by the Chief Justice of South Africa in consultation with the Judges President of the Gauteng and North West Divisions of the high court in terms of Section 74(2) of Act No. 53 of 1979 and are promulgated by the Council of the Law Society of the Northern Provinces; and The Cape Law Society(CLS):It is hereby notified that the Rules of The Cape Law Society made under authority of Section 74(1) of the Attorneys Act, No. 53 of 1979 and promulgated in Government Gazette No. 5255 of 20 August 1976 and all the subsequent amendments thereto, are hereby repealed in toto, to be replaced by the Rules for the Attorneys Profession. These Rules have been approved by the Chief Justice of South Africa in consultation with the Judges President of the Northern, Western and Eastern Cape high Courts in terms of Section 74(2) of Act No.

3 53 of 1979 and are promulgated by the Council of The Cape Law Society; and The kwazulu - natal Law Society(KZNLS):It is hereby notified that the Rules of The kwazulu - natal Law Society made under authority of Section 74(1) of the Attorneys Act, No. 53 of 1979 and promulgated in Government Gazette No. 6316 of 2 March 1979 and all the subsequent amendments thereto, are hereby repealed in toto, to be replaced by the Rules for the Attorneys Profession. These Rules have been approved by the Chief Justice of South Africa in consultation with the Judge President of the kwazulu - natal high court in terms of Section 74(2) of Act No. 53 of 1979 and are promulgated by the Council of the kwazulu - natal Law Society; and The Free State Law Society(FSLS):It is hereby notified that the Rules of The Free State Law Society made under authority of Section 74(1) of the Attorneys Act, No.

4 53 of 1979 and promulgated in Government Gazette No. 5807 of 18 November 1979 and all the subsequent amendments thereto, are hereby repealed in toto, to be replaced by the Rules for the Attorneys Profession. These Rules have been approved by the Chief Justice of South Africa in consultation with the Acting Judge President of the Free State Provincial Division in terms of Section 74(2) of Act No. 53 of 1979 and are promulgated by the Council of The Free State Law Society. 1 | P a g eRule Number Different Same LSNP CLS, KZNLS and FSLS CLS LSNP, KZNLS and FSLS CLS LSNP, KZNLS and FSLS LSNP and FSLS CLS and KZNLS LSNP and CLS KZNLS and FSLS LSNP CLS, KZNLS and FSLS LSNP CLS, KZNLS and FSLS LSNP CLS, KZNLS and FSLS CLS LSNP, KZNLS and FSLS CLS LSNP, KZNLS and FSLS LSNP, KZNLS and FSLS CLS LSNP, KZNLS and FSLS 17 CLS LSNP, KZNLS and FSLS 25 CLS LSNP, KZNLS and FSLS 43 CLS LSNP, KZNLS and FSLS CLS LSNP, KNZLS and FSLS CLS LSNP, KZNLS and FSLS The Rules FOR THE Attorneys PROFESSION shall come into operation on the 1st of March 2016.

5 ` Explanatory Notes:The Rules for the Attorneys Profession (The Rules ) - which are published herein in accordance with section 74(4) of the Act apply to individual members falling within the jurisdiction of a particular law society andshall be applied by the relevant law society in respect of the members falling within its jurisdiction as such to the extent only that, a particular rule, sub-rule, part of a rule or part of a sub-rule, phrase or word, number or digit, has not been, expressly or by implication, excluded from application by and in respect of the Council and members of a specific or a particular law society. The Rules are standardised, save for certain instances in which there are differences, which differences are tabulated below for ease of reference (only Rule numbers reflected).

6 In instances where differences exist, the law society, in whose jurisdiction the Rules /s is/are applicable are denoted in bold font encased by square brackets [ ]. This gazette is also available free online at STAATSKOERANT, 26 FEBRUARIE 2016 No. 39740 51 | P a g eRule Number Different Same LSNP CLS, KZNLS and FSLS CLS LSNP, KZNLS and FSLS CLS LSNP, KZNLS and FSLS LSNP and FSLS CLS and KZNLS LSNP and CLS KZNLS and FSLS LSNP CLS, KZNLS and FSLS LSNP CLS, KZNLS and FSLS LSNP CLS, KZNLS and FSLS CLS LSNP, KZNLS and FSLS CLS LSNP, KZNLS and FSLS LSNP, KZNLS and FSLS CLS LSNP, KZNLS and FSLS 17 CLS LSNP, KZNLS and FSLS 25 CLS LSNP, KZNLS and FSLS 43 CLS LSNP, KZNLS and FSLS CLS LSNP, KNZLS and FSLS CLS LSNP, KZNLS and FSLS The Rules FOR THE Attorneys PROFESSION shall come into operation on the 1st of March 2016.

7 ` Explanatory Notes:The Rules for the Attorneys Profession (The Rules ) - which are published herein in accordance with section 74(4) of the Act apply to individual members falling within the jurisdiction of a particular law society andshall be applied by the relevant law society in respect of the members falling within its jurisdiction as such to the extent only that, a particular rule, sub-rule, part of a rule or part of a sub-rule, phrase or word, number or digit, has not been, expressly or by implication, excluded from application by and in respect of the Council and members of a specific or a particular law society. The Rules are standardised, save for certain instances in which there are differences, which differences are tabulated below for ease of reference (only Rule numbers reflected).

8 In instances where differences exist, the law society, in whose jurisdiction the Rules /s is/are applicable are denoted in bold font encased by square brackets [ ]. This gazette is also available free online at No. 39740 GOVERNMENT GAZETTE, 26 FEBRUARY 20162 | PageTABLE OF CONTENTS RULE NO. PART IIMEMBERSR ecords of practitioners and be to information relating to of records and communications by of personsas subscription and other charges payable to the society by of communications and . members: General commonto all meetings of requiring special approval of III THE COUNCIL Number of Council members and manner of election and . of election or appointmentof members of the Council/ Manner of election or nomination of the of office of members of of office by a member of and removal ofa member of appointments as members of the of president and 9 of office of president and.

9 Of . 13 - 16 Audit of financial statements and president s . 17 - 20 PART IV GENERAL PRACTICE Articles of clerkship and contracts of service and . in legal practice .. 23 Informationas to whether practitioner practises in the jurisdiction of the relevant society 24 Pro bono . 25 Practitioners who cease to practise and winding up of abandoned . in association with other fees, tariffs and allowancesAssessment of fees payable to a . and client . and taxation of bills of and . 32 Contracting of legal work tothird aid V ACCOUNTING Rules Main . financial reporti ng . between trust accountandbusiness account of accounting recordsand . - accounti ng.

10 Money to be kept separate from other . This gazette is also available free online at STAATSKOERANT, 26 FEBRUARIE 2016 No. 39740 73 | PagePa yment to . - Trust Account depositing of trust . ansfers for trust investment . balances not to exceed trust . accounts not to be in to society of ansfer from trust bank account to business bank . on account of . from trust banking . yments from trust banking Interest accrued on trust banking . of of trust . account investments in terms of section 78(2A).. forensuring . of Opening of.