FAQ (Frequently asked questions) Print E-mail
1. How do I open a new practice?
  • Request a letter from the Law Society to confirm that you are registered as an attorney;
  • Submit a letter from the Bank or Bank statement to serve as confirmation of the opening of a trust account;
  • Complete application forms for the opening of a new practice;
  • Complete the application form for the issuing of a Fidelity Fund Certificate. Only the original form will be accepted;
  • Pay a contribution of R 50 to the Attorneys Fidelity Fund;
  • Payment of R 1 083 per annum for subscription fees.

2. I am on the non-practising roll, how do I become a practising attorney again?

  • Send a written request and notification to the Records section together with the following:
    • Details of the practice where you will be practising;
    • Your status (professional assistant/partner/director/consultant);
    • a completed application form for the issuing of a Fidelity Fund Certificate;
    • payment of R 50 as a contribution to the Fidelity Fund;
    • payment of subscription fees of R 1 083 per annum.
  • Please note that you do not have to apply for a Fidelity Fund Certificate if you will be practising as a professional assistant or consultant.

3. What to do to close a practice/the continuation of a practice by another member?

  • Notify the Records section of the LSNP in writing and furnish the closing date;
  • Submit a letter from the bank confirming that the trust account has been closed;
  • Confirm who will take over the files of the firm;
  • Indicate whether the member will still be practising at another firm and provide details;
  • Submit a closing auditors report for the closed practice in terms of Rule 70 of the LSNP rules;
  • In terms of rule 89.13 only a partner or director or former partner or director can take over an existing firm. A member can therefore not sell the practice to another member who was not a partner/director or former partner/director of the firm.

4. How do I open a branch office?

  • Notify the Records section in writing;
  • Note the contents of rule 71 of the LSNP rules;
  • It is compulsory to have a full time attorney (director/partner or professional assistant) at the branch office.

5. I am a consultant or a Professional Assistant, do I need to apply for a Fidelity Fund Certificate?

  • No, but you have to pay the annual subscription fee of R 1 083.

6. I am a non-practising attorney, am I still a commissioner of oaths?

  • Yes. You are a commissioner of oaths by virtue of your admission as an attorney.

7. I am an attorney admitted in a foreign country; can I be admitted as a South African attorney?

  • The main requirements for admission as an attorney in South Africa are prescribed by the Attorneys Act, no 53 of 1979 and inter alia include the following:
    • an LLB degree obtained from a South African University;
    • two years of service under a contract of articles of clerkship with a South African firm of attorneys or community service at an accredited law clinic or approved office of the Legal Aid Board or one year if the person attended the full time practical law school;
    • the successful completion of the Attorneys Admission Examination;
    • South African citizenship or a permit for permanent residence in South Africa;
    • attendance and successful completion of a legal training course approved by the Law Society;
    • satisfying the Court that the person applying for admission is a fit and proper person to practise as an attorney.
  • The minimum statutory academic qualification required for the registration of a contract of articles of clerkship or contract of service in South Africa is a matriculation certificate with full unconditional University exemption (or a certificate issued by the Joint Matriculation Board to that effect).
  • The only academic qualification recognised and accepted for admission of persons as attorneys in South Africa is the LLB degree, obtained from a South African University.
  • Consequently a foreign lawyer will have to approach a South African University to ascertain the further requirements to be complied with in relating to his/her law degree for his/her admission as a attorney in South Africa. In this regard they can communicate with the University of South Africa, P O Box 392 PRETORIA, 0001. Their website address is www.unisa.ac.za.
8. How do I apply for a certificate of good standing?
  • Send a written request via e-mail ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or facsimile (0866419104) accompanied by proof of payment of the prescribed fee of R114.00 that has to be deposited into the Law Society of the Northern Provinces’ bank account:
    First National Bank – Church Square
    Account number: 514 254 988 41
    Branch code:  251 445
    Reference:  (your membership number) & GOOD STANDING
  • Confirm the reason for requesting the certificate;
  • Confirm whether the certificate will be collected from the Law Society or the postal address whereto the certificate must be posted.
9. How do I apply for right of appearance in the High Court (Act 62 of 1995)?
  • You are required to submit the following to the Registrar of the High Court:
    • Cover letter addressed to Mr Pietersen;
    • Certificate of good standing that is not older than three months;
    • Certified copy of your admission Court order;
    • Certified copy of your degree certificate.
 

Provinces

The Director-General of the Department of Justice and Constitutional Development has requested that the attention of practitioners be drawn to the E-Forms that can be accessed on the Department’s website .