CODE OF CONDUCT FOR ALL LEGAL PRACTITIONERS, CANDIDATE LEGAL PRACTITIONERS AND JURISTIC ENTITIES
This final Code of Conduct is published in terms of Section 36(1) of the Legal Practice Act 28 of 2014 (as amended) (“Act”).
The Code of Conduct applies to all legal practitioners (attorneys and advocates) as well as all candidate legal practitioners and juristic entities as defined, and is effective from date of publication in the Gazette.
A draft amendment of the Code of Conduct previously published on 10 February 2017 in Government Gazette No 40610 in terms of Section 97(1)(b) of the Act, was published on 21 December 2018 in Government Gazette No 42127 in terms of Section 36(5) of the Act for comment. All interested parties were called upon to submit their comments in writing by 7 February 2019. These comments were considered by the Legal Practice Council when it drafted the final version now being published.
The Code of Conduct serves as the prevailing standard of conduct and will be enforced by the Legal Practice Council. It consists of the following parts:
- Code of conduct: general provisions;
- Conduct of attorneys;
- Conduct of advocates contemplated in section 34(2)(a)(i) of the Act;
- Conduct of advocates contemplated in section 34(2)(a)(ii) of the Act;
- Conduct of legal practitioners and candidate legal practitioners in relation to appearances in court and before tribunals; and
- Conduct of legal practitioners not in private practice.
Failure to adhere to the Code of Conduct will constitute misconduct and transgressors will be subjected to disciplinary proceedings in terms of the Rules promulgated under Sections 95(1), 95(3) and 109(2) of the Act as per Government Gazette number 41781 of 20 July 2018.