Study Set Content:
What does it mean to practise law?
- As a legal practitioner you are practising law.
- Legal Practice Act defines a legal practitioner as an advocate or attorney admitted and enrolled as such ito s24 and s30
What does it mean to manage a law practice?
- Managing a law practice means you are both a business owner and a legal practitioner.
What skills do you need to have to manage a law practice?
- Legal Skills
- Business and Entrepreneurship skills
- Financing Skills
- Labour and employment skills
- Management skills
- Marketing skills
- Technological skills
What is a legal practice ?(Mahomed et al. 2016: 113)
A legal practice is defined as “the business enterprise in terms of which legal services are rendered for
financial gain by the owners of the enterprise”
What is the principle objective of having a law practice?
To be financially profitable
A law practice must always be...
conducted within a framework of business and professional ethics
What are other reasons for starting a law practice?
- Helping people
- Excellence in practising law
- Social justice and community involvement
Which Act reflects the different business structures?
The Legal Practice Act
The Legal Practice Act section 34(5) states that attorneys may only practise:
- For their own account
- As part of a law clinic established ito ss 8
- As part of Legal Aid South Africa
- As part of a commercial juristic entity referred to in subsection (7) and as such may only make over to, share or divide any portion of their professional fee whether by way of partnership, commission, allowance, or otherwise with an attorney;
- as an attorney in the fulltime employment of the State as a state attorney or the South African Human Rights commission
Four different types of business structures for attorney’s practice
- Sole proprietor
- Partnership
- Incorporated Company
- Practice in association with others
Sole Proprietor
Business owned by a single proprieter (attorney) for their own account
Partnership
Two or more attorneys in partnership conduct law practice and partners are jointly and severally liable for liabilities
