ANNEXURE B – Section 34 of the LPA

34  Forms of legal practice

(1) An attorney may render legal services in expectation of any fee, commission, gain, or reward as contemplated in this Act or any other applicable law, upon receipt of a request directly from the public for that service.

(2) (a) An advocate may render legal services in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law-

(i)   upon receipt of a brief from an attorney; or

(ii)   upon receipt of a request directly from a member of the public or from a justice centre for that service, subject to paragraph (b).

(b) An advocate contemplated in paragraph (a) (ii) may only render those legal services rendered by advocates before the commencement of this Act as determined by the Council in the rules, if he or she-

(i)   is in possession of a Fidelity Fund certificate and conducts his or her practice in accordance with the relevant provisions of Chapter 7, with particular reference to sections 84, 85, 86 and 87;

(ii)   has notified the Council thereof in terms of section 30 (1) (b) (ii).

(c) An advocate may render legal services in criminal or civil matters in expectation of a fee, commission, gain or reward as contemplated in this Act or any other applicable law upon receipt of a request directly from a justice centre for that service, in which event the provisions of paragraph (b) do not apply.

(3) The Council must make rules relating to the briefing of advocates-

(a)   by attorneys; and

(b)   directly by members of the public.

(4) The Council must make rules relating to the instruction of attorneys.

(5) Attorneys may only practise-

(a)   for their own account;

(b)   as part of a commercial juristic entity referred to in subsection (7) and as such, may only make over to, share or divide any portion of their professional fee whether by way of partnership, commission, allowance, or otherwise with an attorney;

(c)   as part of a law clinic established in terms of subsection (8);

(d)   as part of Legal Aid South Africa; or

(e)   as an attorney in the full-time employment of the State as a state attorney or the South African Human Rights Commission.

(6) Advocates may only practise-

(a)   for their own account and as such may not make over to, share or divide any portion of their professional fee whether by way of partnership, commission, allowance or otherwise;

(b)   as part of a law clinic established in terms of subsection (8);

(c)   as part of Legal Aid South Africa; or

(d)   as an advocate in the full-time employment of the State as a state advocate or the South African Human Rights Commission.

(7) A commercial juristic entity may be established to conduct a legal practice provided that, in terms of its founding documents-

(a)   its shareholding, partnership or membership as the case may be, is comprised exclusively of attorneys;

(b)   provision is made for legal services to be rendered only by or under the supervision of admitted and enrolled attorneys; and

(c)   all present and past shareholders, partners or members, as the case may be, are liable jointly and severally together with the commercial juristic entity for-

(i)   the debts and liabilities of the commercial juristic entity as are or were contracted during their period of office; and

(ii)   in respect of any theft committed during their period of office.

(8) (a) Subject to the approval of the Council in terms of the rules, a law clinic may be established by-