About this module
Legal Ethics teaches how the legal profession is regulated and what a legal practitioner owes to the court, to clients, to colleagues and to the public: honesty, competence, confidentiality, avoiding conflicts of interest, charging fair fees and keeping trust money safe. It also explains how misconduct is investigated and punished. Educational tool, not legal advice. All law is South African.
Level: usually third or fourth year (LLB), and essential for candidate legal practitioners and pupils. Prior knowledge: Module 1 (Introduction to Law) and Module 6 (Constitutional Law). Module 12 (Law of Evidence) covers legal professional privilege in more detail.
How this guide teaches. Each chapter starts with a problem, gives the big picture, teaches the rules with case boxes (the legal issue, what the court held, and why it matters), lists common mistakes, sums up in short, and ends with practice questions, flashcards and a quiz. Cases are taught by the legal issue they decide, not by their facts.
Common cases and how they are checked
| Chapter | Case | Legal issue | Status (28 October 2026) |
|---|---|---|---|
| ET2 Entry and fitness | Law Society of the Northern Provinces v Mogami [2009] ZASCA 107; 2010 (1) SA 186 (SCA) | What inquiry does a court follow before suspending or striking off a practitioner? | Read on SAFLII |
| ET3 Duties to the court | Van der Berg v General Council of the Bar [2007] ZASCA 16; [2007] 2 All SA 499 (SCA) | What does the duty not to mislead the court require of counsel? | Read on the SA Law Library |
| ET4 Advocates and attorneys | Rösemann v General Council of the Bar [2003] ZASCA 96; [2003] 4 All SA 211 (SCA); 2004 (1) SA 568 (SCA) | Is the referral rule for advocates valid, and what does it require? | Read on SAFLII |
| ET7 Fees | PricewaterhouseCoopers Inc v National Potato Co-operative Ltd [2004] ZASCA 64; 2004 (6) SA 66 (SCA) | Is third-party litigation funding for a share of the proceeds against public policy? | Read on the SA Law Library |
| ET7 Fees | Ronald Bobroff & Partners Inc v De La Guerre [2014] ZACC 2; 2014 (3) SA 134 (CC) | Is the Contingency Fees Act's regulation of practitioners' contingency fees rational? | Read on SAFLII |
Module blueprint
| Chapter | Question it answers | Outcome |
|---|---|---|
| ET1 The regulatory framework | Who regulates legal practitioners, and under what law? | LET1 |
| ET2 Entry into the profession and fitness to practise | Who may be admitted, and when is a practitioner struck off? | LET2 |
| ET3 Duties to the court | What does a practitioner owe the court? | LET3 |
| ET4 Attorneys and advocates | How do the two branches differ, and what is the referral rule? | LET4 |
| ET5 Duties to clients | What does a practitioner owe a client? | LET5 |
| ET6 Conflicts of interest | When must a practitioner decline or withdraw from a matter? | LET6 |
| ET7 Fees | How may practitioners charge, and what are contingency fees? | LET7 |
| ET8 Trust money and the Fidelity Fund | How must client money be handled? | LET8 |
| ET9 Discipline and access to justice | How is misconduct dealt with, and what public duties do practitioners have? | LET9 |
ET1: The regulatory framework
Problem. A friend says that attorneys are regulated by the provincial law societies and advocates by the Bar, and that each has its own Act. Is that still correct?
The big picture. Since 1 November 2018 the Legal Practice Act 28 of 2014 (LPA) regulates all legal practitioners, both attorneys and advocates, under a single statutory body, the South African Legal Practice Council (LPC) (s 4), with Provincial Councils. The LPA replaced the Attorneys Act 53 of 1979 and the Admission of Advocates Act 74 of 1964. Voluntary associations (such as Bar councils) still exist but are no longer the statutory regulators.
ET1.1 Key features of the LPA
- One regulator: the LPC regulates attorneys and advocates and must protect the public interest and promote access to justice (s 5).
- One Code of Conduct for all legal practitioners, candidate legal practitioners and juristic entities (s 36).
- Reserved work: only legal practitioners may, for reward, render certain legal services, including appearing in court and drafting documents for litigation (s 33).
- Disciplinary bodies: investigating committees, disciplinary committees and appeal tribunals (ss 37–41), and a Legal Services Ombud (Chapter 5, ss 45–52) to protect the public.
- The High Court's inherent power to admit, suspend and strike off practitioners is preserved (s 44).
- Legal Practitioners' Fidelity Fund (ss 53ff; liability for theft in s 55) to reimburse people who lose money through theft of trust money.
Back to the problem. No. Both branches are now regulated by the LPC under the LPA. Law societies and Bars continue only as voluntary professional associations.
In short. LPA 28 of 2014 (in force 1 November 2018): one statutory regulator (LPC), one Code of Conduct, reserved work (s 33), statutory disciplinary bodies, the Legal Services Ombud, the Fidelity Fund, and the High Court's inherent power preserved (s 44).
Common mistakes
- Citing the Attorneys Act or the Admission of Advocates Act as current law.
- Thinking the LPC replaced the courts' power to strike off; the High Court's power remains.
ET1 practice
- Who regulates advocates today? Answer: the Legal Practice Council under the LPA, like attorneys.
Flashcards
| Front | Back |
|---|---|
| Legal Practice Act | Act 28 of 2014; fully in force from 1 November 2018 |
| Statutory regulator of all legal practitioners | The South African Legal Practice Council (LPC) |
| Acts replaced by the LPA | Attorneys Act 53 of 1979 and Admission of Advocates Act 74 of 1964 |
| LPA s 36 | Code of Conduct for all legal practitioners |
| LPA s 33 | Only legal practitioners may render reserved legal services for reward |
| LPA s 44 | High Court's inherent power over practitioners preserved |
| Legal Services Ombud | Statutory office to protect the public and oversee the profession's regulation |
Quiz
- Since 2018, advocates are regulated by: (a) the General Council of the Bar as statutory regulator (b) the Legal Practice Council (c) the Department of Justice directly. Answer: (b).