Lexis® Practical Guidance: Legal Practice and Compliance

Why Lexis® Practical Guidance: Legal Practice and Compliance?

Users get direct access to critical, up-to-date information and guidance that they can rely on.
Lexis Practical Guidance Legal Practice and Compliance is an online reference guide that assists upcoming attorneys navigate the processes involved in setting up a practice and entering the legal profession. It details the steps needed to obtain the relevant certificates and how to ensure compliance with the various rules.

Lexis Practical Guidance Legal Practice and Compliance covers all relevant sources of South African Law including common law, case law, the Attorneys Act 53 of 1979, Rules of the Attorneys Profession published in the various Government Gazettes, Rules for Attorneys published by the various law societies, Attorneys Fidelity Fund and Attorneys Indemnity Insurance Fund rules.

Users have easy access to useful resources such as official forms, examples of templates, printable checklists, flowcharts and precedents. The content is authored by practicing professionals and is regularly updated by our team of experts, ensuring users have reliable access to all the need-to-know information about starting up a practice, the cists and administration involved in dealing with activities of a practicing attorney, the legal requirements for admission into the profession as well as compliance with the relevant legislative requirements for FICA, Attorneys Fidelity Fund and the relevant Law societies.

With Lexis Practical Guidance: Legal Practice & Compliance you get:

 
Convenient online access to:
  • A total of 120 Guidance Notes within 30 Topic Overviews
  • Over 100 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • 50 Other Useful Resources such as flowcharts and templates
 

Step-by-step guidance on:

  • Practice business plans and pre-opening requirements
  • Administrative requirements
  • Legal compliance requirements
  • VAT registration and vendor declaration
  • Formalities for articles of clerkship
  • Court practices
  • Attorneys conduct management
  • Human resources management
  • Recruitment processes
  • Disciplinary code, measures and procedures
  • Ancillary offences and interference of duties
  • Financial management
  • Risk procedures and policies
  • Types of claims and periods
  • Professional indemnity insurance
  • Client management & relationships
  • Legal costs management
  • Practice administration management
  • Marketing of legal services
  • Pitching the firm
  • Advertising (including social media) and pricing
  • Corporate social responsibility and pro bono
  • B-BBEE
  • Scoring of the legal practice

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific aspects of Legal Practice and Compliance.
A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.

 Application for Articles and Registration

This guidance note covers the requirements for contracts of articles to be registered with the relevant Law Society in order for them to be recognised for the purpose of admission. It discusses the normal sequence of events which follow prior to the conclusion of a contract of articles being concluded and the process of registering such contracts with a Law Society.

It also provides key resources such as:

  • Diagram of sequence of events for articles
  • Registering articles in KZN
  • Registering articles in the Cape
  • Registering articles in the Free State
  • Registering articles in Northern Provinces

These resources indicate to the user the various rules and the processes for registering articles in the different provinces.

 Legal Practice Act

This guidance note is critically important for attorneys and law firms as it  provides a detailed understanding of the importance of the new Legal Practice Act which is to come into operation in 2018, as well as the changes to the Attorneys Act 53 of 1979. It discusses the importance of the requirements in the attorney’s profession and compliance with it.

 

Requirements and Compliance Under FICA

This guidance note details the requirements for FICA compliance by law firms and attorneys and explains the process that a law firm needs to undertake to submit relevant documents for FICA compliance in terms of the Act.

It also provides key resources such as:

  • All relevant forms for compliance with FICA requirements
  • Checklists to ensure that the law firms and the attorneys have complied with the various requirements.
 

Formation of Different Forms of Businesses

This guidance note discusses the three main important forms of business enterprises for starting a law firm. It provides further assistance by detailing the tax implications for each form and guidance on how to establish these businesses, including various precedents.

It also provides key resources such as:

  • CoR 14.1 form – Notice of Incorporation together with all the annexures - Annexure A, B, C and D of CoR 14.1 -  which provides the user with the relevant forms for registration of the company in which they choose to practice, such as a: Notice of Incorporation for Initial Directors, Notice of Incorporation for Alternative Names of the Company, Notice of Incorporation of Ring Fencing Provisions and Notice of Incorporation of Company Appointments
  • CoR 9.1 form – Application to reserve a name which is issued in terms of section 11 and 12 of the Companies Act, 2008 and Regulations 8 and 9 of the Companies Regulations, 2011 which outline the requirements for allowable names
  • The downloadable employment specific forms:
    • Form EMP101e – Application for Registration PAYE
    • Form COID W.As.2 – Registration of employer with the Compensation Fund
    • Form UI-8 – Application for registration as an employer with the UIF.
 

Developing and Implementing Disciplinary and Grievance Procedures

This Guidance note discusses the disciplinary rules that employers are required to adopt to establish the standard of conduct required from their employees. These rules differ according to the size and the nature of the business or organization and will range from relatively informal, person-to-person approaches to discipline to formal systems of rules and rule management.

It also provides key resources such as:

  • Written warning letter template
  • Disciplinary procedures information sheet
  • Drafting a disciplinary code
  • Levels of disciplinary measures
  • Determining the appropriate disciplinary sanction.

Practical Aids

Precedents, checklists, forms and other resources that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents.

  • Formalities for sole proprietorship
  • SARS Guide for Completion of VAT Registration Application Forms
  • Guide for completion of VAT registration application forms
  • Step-by-step guide for completion of the VAT vendor declaration
  • eFiling user guide for VAT
  • VAT Registration Guide for Foreign Suppliers of Electronic Services
  • Guide for Value Added Tax via eFiling
  • Candidate attorney rules for articles
  • Registering articles in KZN, in the Cape, in the Free State, in Northern Provinces
  • Induction for candidate attorneys
  • Table illustrating rules for the attorney’s profession
  • Table for types of claims and periods
  • Example of claims experience by frequency
  • Example of claims experience frequency compared to severity
  • Example of mapping frequency against severity
  • Example of severity under causes of claims
  • Example of frequency under causes of claims
  • Recruitment process flowchart
  • Offences under OHSA
  • Ancillary offences
  • Offences relating to interference of duties
  • Leave information sheet
  • Disciplinary procedures information sheet
  • Drafting a disciplinary code
  • Levels of disciplinary measures
  • Determining the appropriate disciplinary sanction
  • How to chair a disciplinary hearing?
  • Procedure of enquiry
  • B-BBEE levels
  • B-BBEE codes of good practice
  • B-BBEE certificates for exempted micro enterprises
  • Scoring of the legal practice guidelines
 

Authors

   
     
 Simon Watson Kerry Forbes 
 

LLB, LLM (Commercial Law) (University of KwaZulu-Natal, Pietermaritzburg)

Simon is a partner at Cox Yeats, practising in the Commercial & Natural Resources Law Team and focusing on Commercial Law and Commercial Litigation. Simon is the author of Commentary and Precedents for Partnerships and Joint Ventures in Butterworth Forms and Precedents Volume 3 and a contributor to the LexisNexis Guide to the Promotion of Access to Information Act. He is also the co-author of the LexisNexis online products Practical Guidance: Trusts, Wills and Estates and Practical Guidance: Corporate Governance.

 

LLB, Cum Laude (University of KwaZulu-Natal)

Kerry practices for her own account at Kerry Forbes & Associates and focuses on Conveyancing, Property law and Notarial law. Kerry is an admitted Attorney, Notary Public and Conveyancer with 8 years’ experience as an attorney and Notary Public and 7 years’ experience as a Conveyancer. Kerry practised as a litigation attorney attending to recovery work for the major banking institutions, general legal matters and Notarial work.

 
     
 Johan Van Staden Cézanne Britain 
 

B Accounting Science degree (North-West University), B Proc degree, Post Grad Certificate (Forensic Accounting and Investigation) (University of Pretoria), Post Grad Diploma (Business Management) (MANCOSA GSB)

Johan has occupied the position of Head: Members’ Affairs at The Law Society of the Northern Provinces for over 20 years. Johan serves on a number of standing committees within the Attorneys profession such as the Joint Attorney-and-Auditors Committee, FICA Committee and Practice Development Committee. He is an Education, Training and Development Practitioner, as accredited by SASSETA, and lectures at the Practical Law School and at some of the larger law firms on practice, strategic and risk management.

 

LLB, LLM, Cum Laude (International Trade and Business Law) (University of the Western Cape)

Cézanne heads up her own law firm, Britain Renecke – a lean corporate and commercial law firm based in Johannesburg. She is an experienced corporate commercial lawyer who advises on how to do business in South Africa, the country’s company law and contract law, conducting legal due diligence investigations, negotiating and structuring commercial and business transactions and corporate governance. Awarded the Business Women’s Association Emerging Entrepreneur - Gauteng - 2016.

 
 Thomas Harban Spencer Cason 
 

Thomas graduated with a BA Degree (1993) and LLB degree (1995) He served articles at a large commercial law firm in Johannesburg and was admitted as an attorney in 1997. Thomas has worked for a large commercial firm and also for smaller practices. He then joined the Auditor General of South Africa, before taking up a position with the Attorneys Insurance Indemnity Fund NPC (The AIIF) in April 2009. Thomas is the General Manager of the AIIF and his areas of operation include managing the operational risk of the AIIF.

 

Spencer joined Cox Yeats in January 2016 as an associate in the Corporate and Natural Resources Law Team.He assists clients in corporate restructures, mergers and acquisitions, the preparation of general commercial agreements and founding documents for companies and trusts. He has also assisted a wide variety of clients, including large companies, SMMEs, trusts and individuals in a broad range of commercial and general disputes in arbitrations and the courts.

 
    
Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform. 

It saves you time and energy so you can focus on the expertise that only you have.

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