Legal Practice Act Framework

The Legal Practice Act fundamentally changed the landscape of legal practice in South Africa, introducing clear distinctions between different types of legal practitioners. This page provides comprehensive information about the various categories of advocates and the processes for moving between them.

Definition of an Advocate

Advocate is defined in terms of section 1 of the Legal Practice Act: A legal practitioner who is admitted and enrolled as such.

Registration of Already Admitted Advocates

Advocates who were already admitted prior to the commencement of the Legal Practice Act and the Legal Practice Council must register with the Legal Practice Council in terms of Section 114 of the Legal Practice Act.

Prior to the commencement of the Legal Practice Council, the National Forum called upon various Bar Associations to provide their members list for enrollment on the LPC roll, replacing the previous roll administered by the Department of Justice and Constitutional Development.

Registration Forms

Registration forms in terms of Section 114 can be found on the LPC's website.

Visit LPC Registration Portal

Referral Advocates

Section 34(2)(a)(i) of the Legal Practice Act

A referral advocate or traditional advocate receives briefs and instructions from practising attorneys. They consult with members of the public only through their instructing attorneys.

Key Features:

  • Receive briefs from attorneys only
  • Act as facilitatory role between attorney and public
  • Practice for own account (no fee sharing)
  • Subject to Section 34(3) rules on briefing

Rendering of Legal Services:

Rule 33 of LPA governs legal services which may be rendered by advocates with Fidelity Fund Certificates.

Fidelity Fund Advocates

Section 34(2)(a)(ii) of the Legal Practice Act

Also known as Trust Account Advocates, these practitioners can accept instructions directly from members of the public, representing a significant evolution in legal practice.

NBCSA's Role:

The NBCSA championed this innovation through landmark cases:

  • General Council of the Bar v Van der Spuy
  • Roseman v General Council of the Bar
  • Society of Advocates of Natal v De Freitas

Founding Principle:

"The enhancement of the profession by allowing advocates to accept briefs directly from the public."

Attorney to Advocate Conversion

Rule 30 read with Section 95(1)(x) and Section 32(1)(a)

The process for attorneys to convert their enrollment to advocate status.

Application Requirements:

  • Full personal details and identification
  • Practice information and addresses
  • Court admission certificates
  • Proof of right of appearance
  • Specialized advocacy training

Referral Advocates in Detail

Section 34(3) Rules:

The Legal Practice Council must make rules relating to the briefing of advocates:

  • a) By attorneys
  • b) Directly by members of the public

Section 34(6) Practice Restrictions:

An advocate may only practice:

  • a) For their own account (no fee sharing)
  • b) As part of a law clinic
  • c) As part of Legal Aid South Africa
  • d) As a state advocate or SAHRC employee

Fidelity Fund Advocates - Landmark Cases

NBCSA's Legal Challenges

The NBCSA was instrumental in challenging the status quo through these landmark cases:

  • General Council of the Bar v Van der Spuy (1999) 1 SA 577 (T)
  • Van der Spuy v General Council of the Bar [2002] ZACC 17
  • General Council of the Bar v Roseman (2002) 1 SA 235 (C)
  • Roseman v General Council of the Bar (2004) SA 568 (SCA)
  • Society of Advocates of Natal v De Freitas (1997) 4 SA 1134 (N)
  • De Freitas v Society of Advocates (2001) 3 SA 750 (SCA)

National Forum Representation:

In terms of section 96 of the Legal Practice Act, the NBCSA was provided with one seat on the National Forum, recognizing our role in shaping the future of legal practice.

Conversion Between Advocate Types

From Referral to Fidelity Fund Advocate:

1

Section 32 Application

Conversion of enrollment is dealt with specifically in section 32 of the LPA, applying to all legal practitioners.

2

Accounting Knowledge Requirement

Must satisfy the Council of required knowledge of accounting. Former attorneys automatically meet this requirement.

3

Application Requirements

Proof of legal practice management course completion (Section 85(1)(b)) and accounting examination.

4

Flexible Conversion

Advocates may apply to convert enrollment to attorney (Section 32(1)(a)) or to advocate with trust account (Section 32(1)(b)) at any time.

5

Council Rules and Fees

The Council has determined specific rules and fee structures for conversion of enrollments.

Province-Specific Conversion Forms:

KwaZulu-Natal

Download Form

Limpopo

Download Form

North West

Download Form

Western Cape

Download Form

Northern Cape

Download Form

Free State

Download Form

Important Notes

Attorney to Advocate Conversion Application (Rule 30.1): Must be in writing and contain:

  • Full names, date of birth, identity number, and residential address
  • Practice status and business addresses
  • Court admission information
  • Intention to practice with or without Fidelity Fund Certificate
  • Proof of right of appearance in High Court, Supreme Court of Appeal, and Constitutional Court

Supporting Documents Required: Proof of payment, registrar certificates, and specialized training documentation.