• Attorneys Act, 1979 (Act No. 53 of 1979)
  • Act
  • 1. Definitions
  • Chapter I : Practitioners: Qualifications, Admission and Removal from Roll
    • 2. Duration of service under articles
    • 2A. Exemption from service under articles of clerkship
    • 3. By whom candidate attorneys may be engaged
    • 4. Information to be submitted to society before articles are entered into
    • 4A. Information which shall be submitted ...
    • 5. Lodging, examination and registration of articles or contract of service
    • 6. Supervision over candidate attorney
    • 7. Absence of candidate attorney
    • 8. Appearance of candidate attorney in court and before other institutions
    • 9. Restriction of pecuniary interests of candidate attorneys
    • 10. Cession of articles or contract of service
    • 11. Termination of articles or contract of service
    • 12. Registration of articles or contract of service entered into by advocate
    • 13. Exemption from service under articles and certain examinations
    • 13A. Certain attorneys must comply with certain conditions before being entitled to practis
    • 13B. Certain attorneys to complete ...
    • 14. Practical examinations
    • 15. Admission and readmission of attorneys
    • 16. Duty of applicant for admission or readmission and enrolment as attorney to society
    • 17. Admission of attorneys practising in certain countries or territories
    • 18. Admission and readmission of notaries and conveyancers
    • 19. Applications for admission or readmission as practitioner to be submitted
    • 20. Enrolment of practitioner admitted and enrolled by other court
    • 21. Rolls of attorneys, of notaries and of conveyancers
    • 22. Removal of attorneys from roll
    • 23. Juristic person may conduct a practice
    • 24. Applications in terms of this Chapter to be delivered to secretary of society concerned
  • Chapter II : Fidelity Fund
    • 25. Continued existence of Fidelity Fund
    • 26. Purpose of fund
    • 27. Fund to vest in and to be held in trust by board of control
    • 28. Constitution of board of control
    • 29. Period of office of members of board of control
    • 30. Vacation of office by members of board of control
    • 31. Chairman and vice-chairman of board of control
    • 32. Meetings of board of control
    • 33. Quorum
    • 34. Decisions and chairman's casting vote
    • 34A. Committees of board of control
    • 35. Validity of resolution signed by all members of board of control
    • 36. Revenue of fund
    • 37. Banking account
    • 38. Certificate in respect of liabilities of fund and investment of money in fund
    • 39. Audit
    • 40. Insurance contracts for purpose of indemnifying fund
    • 40A. Acquisition, forming and administration of insurance company or scheme
    • 40B. Insurance contracts for purpose ...
    • 41. Possession of fidelity fund certificates by practitioners practising on own account or
    • 42. Application for and issue of fidelity fund certificate
    • 43. Contributions to fund by practitioners
    • 44. Board of control may refund contributions in certain cases
    • 45. Payments from fund
    • 46. Board of control may make grants from fund for education or research in law
    • 47. Limitation of liability of fund
    • 47A. Transitional provisions relating to liability of fund for investments
    • 48. Claims against fund: notice, proof and extension of periods for claims
    • 49. Actions against fund
    • 50. Subrogation
    • 51. Claims may be charged against future revenue of fund
    • 52 Exemption of fund from certain provisions of certain laws
    • 53. Indemnification in respect of certain acts in good faith
    • 54. Preservation and disposal of records and documents in possession of board of control
    • 55. [Repealed] Application of Chapter in respect of persons exercising legal ...
  • Chapter III : Law Societies
    • 56. Continued existence of certain law societies
    • 57. Membership of society
    • 58. Objects of society
    • 59. Powers of society
    • 60. Council to manage and control affairs of society
    • 61. Constitution of council and election and period of office of members
    • 62. Vacation of office, suspension from office and filling of vacancies
    • 63. President and vice-president or vice-presidents
    • 64. Meetings of council
    • 65. Alternate members
    • 66. Validity of decisions taken by, or acts performed under authority of, council
    • 67. Committees of council
    • 68. Duties of council
    • 69. Powers of council
    • 70. Council's power of inspection
    • 71. Enquiry by council into alleged cases of unprofessional or dishonourable or unworthy co
    • 72. Council's disciplinary powers
    • 73. Appeal against finding of council
    • 74. Council may make rules
    • 75. Limitation of liability
    • 76. Society may institute private prosecution
    • 77. [Repealed] Particular provisions relating to persons exercising legal profession in Transkei or Ci
  • Chapter IV : General
    • 78. Trust accounts
    • 79. Trust property not to form part of assets of practitioner
    • 79A. Recovery of costs by law clinics
    • 80. Minister may prescribe fees
    • 81. Regulations
    • 82. Rules of court
    • 83. Offences
    • 84. [Repealed] Society of Cape Province may exercise certain powers in respect of certain matters
    • 84A. [Repealed] Law Society of Transvaal may exercise certain powers in respect of practitioners
    • 85. [Repealed]
    • 86. Repeal of laws and savings
    • 86A. Application of Act
    • 87. Short title
  • Schedule
    • Laws Repealed
    • Repeal or amendment of laws (Section 35)
• Proclamation
  • Commencement of the Attorneys Amendment Act, 2014
    • Notice No. R. 24 of 2015
• Rules for the Attorney's Profession
  • Notice 2 of 2016
  • Part I : Definitions 
    • 1. Definitions
  • Part II : Members
    • Records of practitioners and members
    • Records to be maintained
    • Access to information relating to practitioners
    • Maintenance of records and communications by Council
    • Declaration of persons as members
    • The Council
    • Honourary Membership
    • Life Membership
    • Professional companies
    • Annual subscription and other charges payable to the society by members
    • Communications to members
    • Security of communications and records
    • Meetings of members
      • General meetings
      • Special meetings
      • Provisions common to all meetings of members
    • Matters requiring special approval of members
  • Part III : The Council
    • Number of Council members and manner of election and appointment
    • Manner of election or appointment of members of the Council/Manner of election or nomination of the Council
    • Period of office of members of the Council
    • Vacating of office by a member of the Council
    • Suspension and removal of a member of Council
    • Temporary appointments as members of the Council
    • Election of president and vice-president
    • Periods of office of president and vice-president
    • Council meetings
    • Execution of documents
    • The secretary
    • Audit of financial statements and president's report
  • Part IV : General Practice
    • Articles of clerkship and contracts of service and candidate attorneys
    • Training in legal practice management
    • Sequestration
    • Branch offices
    • Information as to whether practitioner practices in the jurisdiction of the relevant society
    • Pro bono services
    • Practitioners who cease to practise and winding up of abandoned practices
    • Practice in association with other lawyers
    • Professional fees, tariffs and allowances
      • Assessment of fees payable to a member
      • Attorney and client charges
      • Drawing and taxation of bills of costs
      • Allowances and commissions
      • Contracting of legal work to third parties
    • Legal aid matters
  • Part V : Accounting Rules
    • Main office
    • Accounting Requirements - General
    • Acceptable financial reporting framework
    • Distinguishing between trust account and business account transactions
    • Retention of accounting records and files
    • Updating accounting records
    • Trust money to be kept separate from other money
    • Accounting to clients
    • Payment to clients
    • Accounting Requirements - Trust Account Transactions
    • Internal controls
    • Prompt depositing of trust monies
    • Transfers for trust investment account
    • Trust balances not to exceed trust moneys
    • Trust accounts not to be in debit
    • Reports to society of non-compliance
    • Transfer from trust bank account to business bank account
    • Deposits on account of charges
    • Withdrawals from trust banking account
    • Payments from trust banking account
    • Interest accrued on trust banking account
    • Lists of balances
    • Notification of trust banking account
    • Trust account investments in terms of section 78(2A)
    • Responsibility for ensuring compliance
    • Reporting Requirements
    • Closure of firm
    • Opening of practice
    • Report of dishonest or irregular conduct
    • Investment Practice Rules
      • Definitions
      • Mandates
      • Reports to clients
      • Accounting records for investment practices
      • Pooling of investments
      • Restrictions applicable to certain investments
    • Investment of funds by members on behalf of persons, otherwise than in terms of Rule 36
    • General Provisions
  • Part VI : Conduct
    • Conduct
    • Approaches and publicity
    • Specialisation and expertise
    • Sharing of fees/Touting
    • Sharing of offices
    • Payment of commission
    • Naming of partners and practice
    • Replying to communications
    • Naming in deed of alienation
    • Specific provisions relating to conduct
  • Part VII : Disciplinary Proceedings
    • Disciplinary proceedings
  • Part VIII : Miscellaneous
    • Circles
    • Law Clinics
    • Benevolent Fund
    • Dissolution of society
    • Date of commencement
  • Schedules
    • First Schedule : Proxy Form
    • Second Schedule : Voting Paper
    • Third Schedule
      • (First Part) Form of Articles of Clerkship
      • (Second Part) Form of Contract of Service
    • Fourth Schedule : Auditor's Report
      • (First Part): Illustrative Auditor's Report (Unmodified opion)
      • (Second Part): Illustrative Auditor's Report (Qualified opinion)
      • (Third Part): Attorney's Annual Statement on Trust Accounts1
      • Supplementary Information requested - Schedule of Interest payments
    • Fifth Schedule : Client Investment Mandate