LAW SOCIETY OF SOUTH AFRICA

1 Presentation by:LAW SOCIETY OF SOUTH AFRICAon:The Legal Practice BillgBackgroundThe Legal Practice BillApril 2000 Task Team appointed by Minister of Justice and constitutional Development The mandate to investigate and make proposals as regards the regulation of the legal profession in SOUTH representatives were:Advocates for Transformation Corporate Lawyers Association Criminal Law Bar fSDeans of the SA University Law Faculties General Council of the BarIndependent Association of Advocates of SA pNational Paralegal InstituteBackgroundThe Legal Practice BillThe National Community-Based Paralegal Association Justice Department, andThe Law SOCIETY of SOUTH AFRICA representing the statutory law societies Black Lawyers Association and Nationallaw societies.

2 Black Lawyers Association and National Association of Democratic LawyersAt an early stage it became clear that there were significant differences between the LSSA and the restdifferences between the LSSA and the differences proved and the rest of Task Team submitted different Draft Bills to Minister in March s bill is the view of the majority of legal practitioners of SOUTH AfricaMajor Points of AgreementThe Legal Practice BillThe following fundamental points of principle were agreed on:All legal practitioners should be regulated within a single statutory framework which makes provision for specialization of functionsspecialization of purpose of regulation should be to serve the public ultimate regulatory body should operate at a national national regulatory body should have a mixedThe national regulatory body should have a mixed membership of practitioners and non-practitioners of which the former should be in the must be made for regional operational levelsProvision must be made for regional operational

3 Office of Legal Service Protector should be Legal Practice BillMajor Points of AgreementThe Fidelity Fund should continue to exist under the control of the ltittdb dnewly constituted four-year LLB Degree should continue to be the principle requirement for legal must be mandatory practical legal who do not render services to the public at large should not be registered legal practitioners nor have the right of audience in the specialist qualification is required for the practice ofA specialist qualification is required for the practice of conveyancer and development of paralegal work should be promoted and Points of DisagreementThe Legal Practice BillMost fundamental difference between LSSA s bill and Task Team s bill is the structuring and membership of the bodyTeam s bill is the structuring and membership of the body which is to represent and govern legal practitioners on a national different conceptual approaches go to the heart of the matter.

4 The LSSA s main objective with its bill is to promote on a national basis the common interest of members of the legal profession and the welfare of the profession having regarded allprofession and the welfare of the profession, having regarded all times to the broad interest of the public whom the profession and secure throughout the Republic of SOUTH AFRICA , in so far as it is practicable, uniformity, simplicity and efficiency in the practice of law, in legal procedure and the administration of justice This underlying principle is clearly reflected in the LSSA s draft T k T bill illtt th di id d b dThe Task Teams bill will perpetuate the divided bar syndrome.

5 The Legal Practice BillMajor Points of DisagreementLSSATask TeamThe differences in two bills can be summarized as follows:2. The sole and ultimate statutory 2. A Legal Practice Council (LPC) 1. Vision: As to regulate the legal practice profession vests in the SOUTH AFRICA Legal Practice SOCIETY ( SOCIETY ) a body which has no membersa juristic person with limited statutory regulating and of which all legal practitioners are members3 The different branches of the3No clear distinction is made3. The different branches of the profession are recognised in a distinction between legal practitioners who practice with a Fidelity Fund Certificate and3.

6 No clear distinction is made between advocates and Fidelity Fund Certificate and those who do Legal Practice BillMajor Points of paralegal forum (the forum) is established and4. A paralegal committee is to be tblihdbt tLSSATask Team(the forum) is established and all registered paralegals are members of this as a substructure of the affairs of the SOCIETY are LPC is to be composed of ymanaged by National Legal Practice Council (NC) composed of:pthe following persons appointed by the Minister:24 Legal practitioners12 legal practitioners24 Legal practitioners 16 with Fidelity Fund Certificates (attorneys) and 8 without Fidelity Fund Certificates (advocates).

7 12 legal practitioners designated by organizations representing legal persons designated by organisations representing paralegal paralegal (advocates).1 Chairperson of the Board of Control of the Fidelity teacher of Legal Practice BillMajor Points of Disagreement2 Ministerial appointees being 1 legal academic and2 persons representing the interest of users of legalLSSATask Teambeing 1 legal academic and 1 consumer of legal of users of legal additional person appointed by the person designated by the Legal Practice Fidelity Fund Board who does not have the right to separate body for affairs of the paralegal forum are managed by the Executive Committeethe right to paralegal

8 Committee composed of:2 legal practitioners appointed by the Legal Practice BillMajor Points of Disagreement2 Ministerial appointments at least 1 to be a consumer LSSATask SOCIETY and the Forum are separate legal entities, but close cooperation is separate paralegal organisation of legal 8. To ensure the practical and fffclose cooperation is ensured by members serving on each others governing or paralegal practitioners may apply to the LPC for accreditation as an Accredited Professionaleffective execution of its duties, the NC can create regional chapters and delegate some of its powers to Professional Organisation (APO).

9 Once accredited (which must be reapplied for every three years) an APO governs itsThe chapters in turn will be composed of sectoral chambers catering separately for advocates and attorneys. years) an APO governs its members independently and is responsible for inter alia:These chapters/chambers in turn however will elect the legal practitioners to serve on the Legal Practice BillMajor Points of DisagreementLSSATask TeamIts own Code of Conduct, the discipline of its membersdiscipline of its members, practical and continuing training of its members.

10 The APO itself can determine who can become members and what the annual membership fee should be and furthermore it can prevent any of itsit can prevent any of its members from rendering legal services or appearing in any court with a member from any other APOfrom any other APOs will nominate 12 legal practitioners and 2 gparalegal practitioners to serve on the LP, subject to Ministerial Legal Practice BillMajor Points of Disagreement9. All legal practitioners will be bj t t th NC t t practitioners will be dii lid b th i APOdLSSATask Teamsubject to the NC s statutory disciplinary powers which will be delegated to the regional chapters / by their APO and any legal practitioner who does not join an APO will be subject to the disciplinary powers ofthe / Disadvantages-Proposed StructureThe Legal Practice BillVocational training will be standardized.