Topic 6 BSL

• Ideal practitioner


  Avoids statutory misconduct, has a high sense of morals, and avoids misconduct as determined by good sense, conscience and moral dignity
• The ideal is to reach a stage where one cannot even be tempted to commit misconduct
• Inexperienced practitioners need guidance to avoid misconduct
• Prescribed misconduct


  Anything considered to as unprofessional, dishonourable or unworthy conduct as per legislation
• Practitioners must abide by the Attorneys Act, rules set by the Law Society, and any other legislation that prescribes misconduct
• Golden rule for professional conduct

  The practitioner must avoid all conduct which if known, could damage his reputation as an honourable lawyer and honourable citizen
• Absolute obedience to the golden rule in all instances stands as the ideal to which each practitioner should consciously strive
• To determine whether a practitioner has broken the golden rule, the gravity or frequency of lapses will be considered
• Allegiance to the state

  Pledged as an oath during the process of being admitted as an attorney, indicates to some extent 'allegiance to the state'
• Duty to sustain the law

  Irrespective of political beliefs or challenges to the law, the practitioner must follow all laws that have been duly enacted and promulgated
• Duty of honesty and fairness


  The practitioner is expected to be honest, candid, truthful and fair in ALL of his dealings- whether professional or personal
• Duty to neither overreach anyone nor assist others to do so


  When charging a client, the costs must not be excessive, and the practitioner must not assist the client to secure from a debtor more than what is legally due
• Duty to be courteous at all times

  Regardless of the pressures that come with the profession, the practitioner must avoid any and every tendency to discourtesy in all of his relationships
• Attitude towards authority


  The practitioner is expected to respect all authority while remaining independent and upholding the rights of his client, and should be willing to fight against unfair authority
• Duty to do your best in the service of your client


  This must be exercised with due diligence and competence, the absence of which, results in misconduct. The practitioner must deal with matters promptly, adhere to strict client confidentiality, and avoid conflicts of interest
• Duty to eschew avarice - place your own interests last

  The practitioner must not be greedy for wealth or material gain, must accept their share of pro deo and legal aid work, and must give each task the attention it deserves, no matter the cost
• Duty to act in a manner that his conduct meets the requirements (beyond doubt)


  The practitioner must not only act in accordance with the rules, but his actions must be perceived as such as well. Justice must be done and seen to be done
• Duty to sustain the rights, honour and integrity of the profession


  The practitioner must be active in supporting the law societies, in meeting voting etc, and must report gross misconduct of others
• Duty to conduct his extra-professional life consistently with the canons of good citizenship


  The practitioner must be a fit and proper person
• Fit and proper person


  Must show integrity, reliability, honesty, objectivity, dignity, possession of knowledge and technical skills, capacity for hard work, respect for the legal order, and a sense of equity or fairness
• Both attorneys and advocates are required to be 'fit and proper'
• Practitioners may be prevented from practising if a court considers that they are not fit and proper
• Once an individual has been deemed not to be fit and proper, to be able to practise again, the individual must prove that he is fit and proper
• Conduct deemed practitioners unfit and improper

  • Committing a crime and not being able to acknowledge it to be reformed, stealing money, soliciting professional work, stating they will continue to break the law due to religious beliefs
• Being fit and proper is not a quality acquired through learning, rather it can be improved through intentional and conscious effort
• A lawyer should do more than just occupy a profession; a lawyer should serve the public. To do so effectively lawyers need to be trustworthy men and women of untarnished reputation- thus, "fit and proper" persons
• Lawyers have a responsibility to act with integrity and honesty at all times