Legislation: Legal Practice Council rules finalised

In anticipation of the imminent launch of the South African Legal Practice Council, rules prepared to assist the new regulator in its work were gazetted on Friday – having been released in draft form in February for comment, as Legalbrief Today reported at the time. They will only come into effect when the regulator is established and include fees, levies, contributions and charges among other things for enrolment, registration, vocational training, examinations, and Fidelity Fund certificates, notes Pam Saxby for Legalbrief Policy Watch. 

Other issues addressed in the rules include: criteria to be met and procedures followed when applying for admission to practise as a legal professional; requirements to be met when applying for the right to appear in the High Court, the Supreme Court of Appeal or the Constitutional Court; the elements of competency-based examinations and assessments; and obligations to be met by parties to a practical vocational training contract involving a candidate legal practitioner.

The rules also deal with: the registration of a pupillage and related obligations; procedures to be followed by attorneys and members of the public when briefing an advocate; procedures to be followed by a client when issuing instructions to an attorney; obligations to be met when establishing a law clinic; procedures to be followed when conducting a disciplinary hearing; accounting procedures and obligations; procedures to be followed when applying for a Fidelity Fund certificate; related obligations; national and provincial council operational matters; and issues associated with election to and serving on the board of the Fidelity Fund.