LEGAL PRACTICE ACT 28 of 2014:
The Legal Practice Act 28 of 2014 came into effect on 01 November 2018 (with certain exclusions).  The Legal Practice Act is effective as follows:

"Chapter 1 - Definitions, application and purpose.
Chapter 3 - Regulation of legal practitioners: This includes s 35 with the exclusion of subss 35(1), (2), (3) and (7) up to and including (12) which deal with fees for legal services. The LSSA wrote to the Justice Minister some time ago requesting the suspension of these subsections until the investigation by the SA Law Reform Commission has been completed and there has been proper consultation. This means that only subss (4) and (5) of s 35 relating to the SA Law Reform Commission investigation on fees for legal services and (6) legal fees payable by Government, will come into operation.
Chapter 4 - Professional conduct and discipline, excluding:
            s 37(5)(e)(ii) - lay persons on disciplinary committees (DCs);
            s 40(1)(b)(ii) and (7)(b) and s 41 - right of appeal against DCs' findings
            s 42 - monitoring of disciplinary functions by the Ombud.
Chapter 6 - Legal Practitioners' Fidelity Fund
Chapter 7 - Trust money and accounting
Chapter 8 - General provisions, excluding s 93(5) - Offences relating to the Ombud
Chapter 9 - Regulations and Rules, excluding s 95(2) which deals with the rules relating to the Ombud
Chapter 10 - Part 3 - Transitional provisions; and Part 4 - Repeal of laws."......
Source LSSA Advisory Oct 31 Oct 2018

Please note that the Attorneys Act 53 of 1979 and its affiliated Rules (Rules for the Attorneys Profession) have been repealed in their entity and have been replaced by the Legal Practice Act and its Rules.

The Provincial Law Societies were dissolved and were replaced by the Legal Practice Council.  The four erstwhile Provincial Law Societies’ offices have since been established as provincial offices of the Legal Practice Council.

The Legal Practice Council has commenced proceedings for the establishment of nine Provincial Councils.  Four Provincial Councils will be established in Cape Town, Pretoria, Bloemfontein and Pietermaritzburg, being the location of the present regional offices of the Legal Practice Council.  A further five Provincial Councils will be established in East London, Kimberley, Polokwane, Nelspruit and Mahikeng.  The previous Cape Law Society is now the WESTERN CAPE OFFICE of the Legal Practice Council.

The Code of Conduct in terms of Section 97(1)(b) of the Legal Practice Act is not yet enforce.  Members will be kept apprised in this regard.

Legal Practice Act in Searchable pdf format gg38022
LPA Amendment Act 16-2017(1)
LPA Regulations GG 41879_31-8(1)
LPA Rules

 

CERTIFICATION OF DOCUMENTS – REGULATIONS
Rules Regulations of a Commissioner of Oaths

 

CAPE LAW SOCIETY GUIDELINES:
In light of the Cape Law Society no longer existing, all guidelines have been retracted.  Practitioners are advised to refer to the Legal Practice Act and its Rules for guidance.  Alternatively, please liaise with the Legal Practice Council: Western Cape office, via email (cls@capelawsoc.lawsoc.law.za) or telephonically (021) 443 6700 for further assistance.

 

LODGING A COMPLAINT WITH THE LEGAL PRACTICE COUNCIL (previously the Cape Law Society)
Procedures and processes are presently being refined.  At this stage, should you wish to lodge a complaint, in writing, which may be posted (P O Box 4528, Cape Town, 8000), faxed (0214436751/2) or emailed (cls@capelawsoc.law.za)The written communication should contain  detailed information in respect of the complaint, including the names of the relevant legal practitioner (attorney or advocate or candidate legal practitioner).

 

FINANCIAL INTELLIGENCE CENTRE ACT (FICA)

  1. Organisations Already Registered with FIC – What To Do Once Org ID is Received:
    Already Reg Organisations with Org ID What To Do
  2. Not Registered with FIC – Step by Step Guide to Use goAML:
    Registering on GOaml System

 

TRUST ACCOUNT AUDITS:

  1. IRBA Guide – Engagement with Attorney’s Trust Accounts
    https://www.irba.co.za/upload/Revised%20Guide%20for%20RAs_Engagements%20on%20Attorneys%20Trust%20Accounts%202016.pdf