Annexure “F” – Transitional arrangements

TRANSITIONAL ARRANGEMENTS

A Transitional Arrangements Committee has been established to attend to all transitional aspects. The Committee, consisting of members of the NF and representatives of the Law Societies, are attending to the following, in co-operation with the Pre-Transitional Committees of the Law Societies. The effective date for the transfer is intended to be 31 October 2018.

• The transfer of staff from the Law Societies to the LPC & PCs, as provided in the transfer agreements.
• The secondment of key personnel from the Law Societies to carry out the priority functions of the LPC & PCs until the effective date.
• Phasing out of the staff service benefits of the existing Law Societies which will not be offered by the LPC. It was agreed with the Law Societies that they should pay their employees certain amounts relating to leave pay, bonuses and long service awards.
• Preparing for the transfer of movable assets excluding cash from the Law Societies to the LPC & PCs, by:
• – Preparing asset registers of the 4 Law Societies
• – Determining the take-over value of the assets
• – Determining the assets that need to be relocated and making the necessary arrangements
• – Arranging insurance cover for the assets to become effective upon transfer.
• The transferring of the cash reserves held by the Law Societies by taking over their bank accounts on the effective date.
• Arrange for the payment of interest on trust banking accounts by Attorneys over the transitional period to the Law Societies until the effective date, whereafter the money will be transferred to the Fidelity Fund.
• Arrange for an audit of the financial records of the Law Societies for the period from 1 July 2018 to the effective date.
• Prepare for the transfer of work in progress from the Law Societies to the LPC and PCs.
• Prepare for the transfer of regulatory work in progress from Advocates structures to the LPC & PCs.
• Evaluate and consider the Law Societies’ existing agreements with their service providers.
• Conclusion of new agreements by the LPC with service providers.
• Arrange for the handing over by the Law Societies of:
• – Documents of title to the assets and rights which are in their possession or under their control;
• – The originals (or copies) of all their contracts;
• – Records relating to the activities of the Law Societies prior to the effective date and relating to its assets, rights, liabilities and obligations.
• Standardize the operational and financial procedures and systems currently in place at the various Law Societies and aligning such procedures with the rules and regulations of the Legal Practice Council (e.g. disciplinary procedures).
• Take steps to urgently deal with existing backlogs, to ensure a smooth transition of the operational functions of the Law Societies to the Legal Practice Council.
• Arrange for the transfer of the immovable properties of the Law Societies of the Northern Provinces, KwaZulu-Natal and the Free State, to the LPC.
• Arrange for the continuation of the Benevolent Funds of the Law Societies after the effective date.
• Arrange for the LPC to take over the pending court cases in which the Law Societies and Advocates structures are involved.
• Sourcing premises for the LPC and LPCs. The PCs must be able to function from the effective date.
• Infrastructure must be sourced for the LPC and PCs.
• Compiling a database of all admitted LPs, including unaffiliated Advocates.
• Communication by the NF with the Minister, the Law Teachers, the Fidelity Fund and Legal Aid SA to arrange for the appointment of the non-elected designates to the LPC.
• Arrange final meeting of the NF with the LPC before the NF is dissolved.

The events listed above are the culmination of many years of dedicated work