18.3. Following the disciplinary hearing held in October 2018, the applicant sent, on 11 March 2019, an invoice for the legal costs incurred in connection with the disciplinary hearing thus held. The total amount of the invoice was R958.28 and, to date, the defendant has not paid this outstanding amount from him, contrary to Rule 2.24 of the Regulations Governing the Profession of Lawyer in the Alternative and Rule 6 of the Rules of Procedure of the Bar Council. [14] 6.9 The respondent`s practice as counsel for this honourable Court vis-à-vis the curator appointed in accordance with paragraph 5, provided that the respondent is entitled to reasonable access to such records, records, records and accounting documents, but always under the supervision of the curator or his agent. 14. The lawyer must therefore always put the interests of his clients before his own and show the utmost good faith in his relations with his clients. This case was before the Court as an application to suspend the respondent`s admission or to remove his name from the list of counsel. On November 17, 2020, the case was heard. The defendant was not present in court at the time of the oral proceedings. The appellant obtained a judgment prohibiting the respondent from practising as a lawyer for one year. The respondent is now seeking an explanation of the decision.

On 13 August 1998, the defendant was admitted and registered as a lawyer at that court of honour. Since 1 January 2004, he has been practising as an individual practitioner. The plaintiff alleges that the respondent did not file unqualified examination reports for the periods up to February 28, 2016 and February 28, 2017, contrary to the former plaintiff rules Rule 70.3 and 70.4. In addition, no Fidelity Fund certificate was issued to the respondent for the years from January 2017 to January 2018. Accordingly, the respondent was not entitled to practise for remuneration and therefore contravened subsections 41(1) and 41(2) of the Lawyers Act. (Act No. 53 of 1979). The respondent requests that the applicant`s late affidavit be dismissed and that the action be dismissed solely on the basis of this fact. This request was denied because the affidavit did not raise any new issues and there was an acceptable and reasonable justification for the late filing. More importantly, if the affidavit is admitted, the respondent cannot prove that it is disadvantaged.

Accordingly, the point in limine was rejected. 19.2. As regards the unpaid fine imposed on him by the Council, he admitted that he pleaded guilty on 1 December 2014 to charges for which a fine of R 10 000.00 was imposed, payable in monthly instalments of R 2000 per month. [17] However, his affidavit does not expressly deny that, when this fine was reduced, he paid only R 2500 for that fine. It is also apparent from his affidavit why he did not pay the balance of the fine imposed by the Council for Legal Practice and, moreover, he ignores the fact that, as a result, he did not attend a subsequent disciplinary hearing. Law 28 of 2014 on Legal Practice – Lawyers must be admitted and registered as a lawyer as a lawyer – Article 115 preserves the right of any person entitled to practice the profession of lawyer, lawyer, promoter or notary before the entry into force of the law to be admitted thereafter – Compliance with the law extends to infinity – Article 32 empowers the Council of Legal Practice to: convert the registration of a barrister without appeal to the High Court – section 32 directs the Council of Legal Practice to register a lawyer as a barrister if the practitioner is admitted as such within the meaning of the Legal Practice Act. 20. In her affidavit, the applicant submits that the responsibility for submitting audit reports to the Board rests with the respondent and not its auditors and that, as counsel, he is guilty of violating the applicants` rules because he practised without issuing a trust fund certificate. [20] 13. It follows that every lawyer has certain legal obligations. The lawyer must strictly comply with the provisions of the Law on Lawyers, the Law on Lawyers and the rules governing the legal profession, in particular with regard to the money of a client in his custody and control.

Trust money does not belong to a lawyer`s assets. The essence of a trust fund is the absence of risk and the trust it creates. The unwarranted management of trust funds is totally untenable and not only contravenes the legal requirements applicable to trust funds, but also undermines the principle that an escrow account is completely secure with respect to funds held by a lawyer on behalf of another person. 9. Whether a lawyer is an appropriate person does not depend on findings of fact, but is left to the discretion of the Court. [7] 2. The respondent shall forthwith issue his certificate of admission to the bar of this honourable court and remit it to the clerk of this honourable court. 1. This is an application for suspension of the practice of the profession of lawyer or, in the alternative, for removal of the defendant`s name from the list of lawyers. 11.1. The court must first decide whether the lawyer`s alleged offensive conduct has been proven.

This is a factual investigation. This judgment will be rendered by the judge whose name is reproduced herein and will be sent electronically by e-mail to the parties/their legal representatives.