There are 10 rules from the Code of Conduct for Legal Practitioners in South Africa that you should know. These are important when you are dealing with lawyers, especially if you want to understand what fair, ethical, and professional conduct looks like.
On this page, LegalAdvice.org.za went all out to explain the 10 key rules from the official Code of Conduct for Legal Practitioners, written in plain English and simplified for everyone. These rules come directly from the Official Code of Conduct for Legal Practitioners on the Legal Practice Council website and are enforced under South Africa’s Legal Practice Act.
What are the 10 Code of Conduct for Legal Practitioners in South Africa that You Should Know
These ten rules guide how lawyers, candidate attorneys, and law firms must behave when representing clients and appearing in court.
1. Be Honest and Act with Integrity
Lawyers must tell the truth, present facts accurately, and avoid misleading the court or clients. Honesty forms the backbone of legal practice.
2. Keep Information Confidential
Anything you tell your lawyer in confidence must remain private. They cannot share or discuss your information without your permission unless the law demands it.
3. Avoid Conflicts of Interest
A lawyer cannot represent two parties in the same case or act for anyone whose interests conflict with yours. When such conflicts arise, the lawyer must withdraw.
4. Put the Client First
A lawyer’s main duty is to act in your best interests — not to chase profit. They must prioritise your legal rights and keep you updated about your case.
5. Stay Competent and Informed
Lawyers are expected to remain up to date with the law, court rules, and new judgments. Negligence or ignorance is never an excuse for poor service.
6. Respect the Court and Others
Lawyers must remain respectful in court and in all professional dealings. According to De Rebus: Duties of Legal Practitioners to the Court, they must never use offensive language or mislead the judge.
7. Handle Client Money Correctly
Client funds must always be kept in a separate trust account — never mixed with the lawyer’s personal money. The Full Code of Conduct PDF by the Law Society of South Africa explains this rule in detail.
8. Be Clear About Fees
Your lawyer must explain what their services cost before you agree to anything. No hidden charges, no vague bills. Everything must be transparent and in writing.
9. Protect the Image of the Profession
Lawyers must uphold the dignity and reputation of the legal profession. Any unprofessional conduct — such as lying, harassment, or fraud — can lead to disciplinary action.
10. Obey the Law and Follow Procedures
Every legal practitioner must comply with all laws, court rules, and ethical standards. The Michalsons Overview of the Code of Conduct provides a great summary of how these duties apply in practice.
Implications of the Code of Conduct for Legal Practitioners in South Africa
Knowing these rules helps you hold your lawyer accountable. Here is what each one means in practical terms:
When your lawyer acts honestly, you can trust that your case is being handled fairly. If they lie, delay your case on purpose, or withhold key information, they could be in breach of professional conduct.
The rule on confidentiality means you can freely share personal or financial details with your lawyer without fear of exposure. Any leak of private information can lead to serious consequences.
If your lawyer ever represents the other party or someone linked to your case, it’s a direct conflict of interest. You can request their withdrawal or report them to the Legal Practice Council (LPC).
When it comes to money, demand proof that your funds are held in a trust account. Lawyers are legally required to keep proper records and release funds promptly when due.
Lastly, remember that every lawyer’s behaviour contributes to the reputation of the legal profession. Misconduct not only damages their career but also erodes public trust in the justice system.
Examples of when the Legal Practice Act 28 of 2014’s Code of Conduct for Legal Practitioners in South Africa was breached
Here are real-world examples of when the Legal Practice Act 28 of 2014’s Code of Conduct for Legal Practitioners in South Africa was breached, each tied to one (or more) of the 10 rules we discussed. These help show what it looks like when things go wrong.
1. Mis-handling client funds / trust account misuse
In one case, a legal practitioner was found to have mis-appropriated trust money that belonged to former clients. The practitioner kept compensation funds paid for minor children under a court order, but instead of transferring the funds to the correct trust, he retained them.
Linked rule(s): “Handle client money properly” (Rule 7), “Act honestly and with integrity” (Rule 1)
Practical takeaway: Always ask your lawyer for trust account confirmation. If money is meant for you (or your child), and your lawyer delays or “holds” the funds, that is a red flag.
2. Practising without proper qualification or certificate
In the case of Kabelo Mashigo, the practitioner practised as an attorney even though he was not on the roll of practising attorneys and did not hold a valid fidelity fund certificate.
Linked rule(s): “Stay competent and informed” (Rule 5), “Obey the law and follow procedures” (Rule 10)
Practical takeaway: Before you instruct a lawyer, check they are properly admitted and have a valid certificate (the “fidelity fund certificate”). If not, your case is riskier.
3. Repeated record-keeping failures & trust deficits
In the matter of Selota, the practitioner was struck off for repeated trust account deficits, failure to maintain records, overreaching clients and a pattern of misconduct.
Linked rule(s): “Be competent and diligent” (Rule 5), “Handle client money properly” (Rule 7), “Protect the reputation of the profession” (Rule 9)
Practical takeaway: Good lawyers keep clear, accurate records and handle client funds properly. If you see unexplained deficits, lack of statements, or your lawyer unwilling to show you the trust ledger, it is cause for concern.
4. Sexual harassment / inappropriate conduct
A prominent Cape Town lawyer faced a disciplinary inquiry by the Legal Practice Council (LPC) for allegedly engaging in sexual harassment of candidate attorneys.
Linked rule(s): “Be fair and courteous” (Rule 6), “Protect the reputation of the profession” (Rule 9)
Practical takeaway: Professionalism is not only about legal competence; it is also about ethical behaviour and respect. If you feel your lawyer or someone in the legal firm behaves disrespectfully or inappropriately, you have rights.
5. Failure to handle a matter competently & timely
In one complaint, an attorney failed to account faithfully and timely to a client; delayed in applying for a curator bonis despite funds being in his hands for years.
Linked rule(s): “Stay competent and informed” (Rule 5), “Put the client first” (Rule 4)
Practical takeaway: Your lawyer should keep you updated, act with urgency when required and not sit on funds or claims indefinitely without explanation.
6. Practising without a Fidelity Fund Certificate
The case of Kgetsepe Revenge Kgaphola showed that the LPC sought his suspension because he practised without a required certificate.
Linked rule(s): “Obey the law and follow procedures” (Rule 10)
Practical takeaway: Always ask the lawyer for their certificate of good standing. If unavailable or they refuse, consider whether you want to continue with them.
Frequently Asked Questions: Code of Conduct for Legal Practitioners in South Africa
1. What can I do if my lawyer lies to me or to the court?
If your lawyer lies, gives false information, or misleads the court, it’s a serious breach of the Code of Conduct for Legal Practitioners in South Africa. You can lodge a complaint directly with the Legal Practice Council (LPC). The LPC investigates dishonesty and can suspend or strike the lawyer from the roll if found guilty.
2. Can I report my lawyer if they refuse to give me my money back?
Yes. Lawyers must keep all client money in a separate trust account. If your lawyer withholds your settlement, inheritance, or refund without a valid reason, it violates the rule on handling client funds. You can request a written accounting and, if ignored, report the matter to your provincial LPC office.
3. How do I know if my lawyer is properly registered?
Ask for your lawyer’s Fidelity Fund Certificate or check their name on the Legal Practice Council website. Practising without this certificate breaches the Legal Practice Act and the Code of Conduct for Legal Practitioners in South Africa. You have the right to refuse services from an unregistered practitioner.
4. Can a lawyer represent both sides in a dispute
Never. That’s called a conflict of interest, and it’s one of the biggest violations of the Code. A lawyer must immediately withdraw if they’ve represented or advised the other party in any related matter.
5. What happens if a lawyer is rude or unprofessional?
Being rude, dismissive, or aggressive towards clients or opponents goes against the rule to “be fair and courteous.” If your lawyer constantly disrespects you or the court, note down the incidents and submit a complaint. The LPC can issue a warning or disciplinary sanction depending on the severity.
6. Is it free to report a lawyer who breaks the Code of Conduct?
Yes. Reporting a lawyer to the Legal Practice Council is completely free. You just need to complete the complaint form (available online or at any LPC office), attach supporting documents like emails or receipts, and explain what rule was broken. The LPC will then contact you about the investigation.
7. What are the common signs that my lawyer is breaking the Code of Conduct?
Be alert if your lawyer:
- avoids your calls or keeps delaying your case without reason
- refuses to show receipts or trust account proof
- overcharges without explaining the fees
- acts for someone linked to your case
- lies about court dates or results
These are red flags that your lawyer may be violating the Code of Conduct for Legal Practitioners in South Africa and can be reported to the LPC.
At LegalAdvice.org.za, our mission is to make legal knowledge accessible and practical. We provide reliable, lawyer-checked advice that helps South Africans understand their rights, deal with unethical conduct, and take the right steps when things go wrong.