This document outlines professional conduct guidelines for attorneys. It discusses proper procedures for arranging consultations, conducting interviews, deciding whether to take on a case, maintaining confidentiality, understanding instructions, adhering to instructions, dealing with settlements, and more. Key points include maintaining the client's interests, respecting confidentiality, avoiding conflicts of interest, properly handling fees and trust money, upholding duties to clients and the court, and maintaining professionalism in and out of the courtroom.

1. PROFESSIONAL CONDUCT

2. Arranging the consultation
• It is better to arrange it yourself
• Tell the client what to bring
• Estimate to the client how long it will take
• Do not be late for the appointment
• Apologise if you are late
• Indicate to the client your rates

3. First interview of a client
• Can not be by telephone
• Need to get to know the identity
• Need to get the basic particulars
• Need to check the issue of locus standi
• check the client capacity to act

4. Decide whether you are taking the
matter
• Check whether the right person is before you
• Make sure that the instructions are legal
• Make that there is no conflict of interest
• You have the necessary skills to deal with the
matter.

5. The professional environment
• The professional environment
• The duty of confidentiality
• No disruptions ( walk ins , calls etc)
• If there has been a disturbance , apologize
• No papers or files scattered around
• Treat client with dignity and address him
properly

6. How to take instructions
• Listen attentively
• Ask probing questions
• Confirm or check if your understanding is correct
• Ascertain the expectations of the client
• Write the story down
• Advise client of all possible options
• Let the client decide on the option
• Explain the steps and time frames
• Do so in simple language
• Explain reporting manner and intervals
• Confirm client contact details

7. Understanding the instructions
• The instructions must be clear
• Understood the same way by you and client
• All necessary information and details
• Be clear about the limitations
• Record the limitations
• Client should bring all relevant documents

8. Be cautious
• Interrogate the evidence in support of the instructions
• Instructions may not be the best possible means of
acquiring an objective statement of fact
• Verify the correctness of dates and other material facts (
from medical reports, ambulance records etc)
• It is not you role to pass judgement on your client.
• Remember that it is not an admission of failure to confess
that you do not have all the answers at your fingerprints
• All the time , try to ensure that your advice is correct and
balanced rather than an unconscious attempt to please
your client by giving advice that your client wants to hear.

9. Cont
• Client must be clear of the fee or fee structure
• Honestly assess for the client whether the
matter is worth it.
• This includes checking whether the Defendant
will be able to satisfy the judgment .
• Be careful of those clients who will say they a
persuing the matter as a matter of principle
• Your advice against the action has to be
recorded and signed to protect yourself.

10. Criminal matters
• Take instructions from client while alone
• Especially the first consultation on the version
• It is worse if done in the presence of people that trusted your client
• This is applicable also when asking client about previous convictions
etc.
• Check whether he has made a statement to the police
• Take detailed mitigation instructions including private life, sporting
activities, hobbies, community involvement and references
• Do all to gain the confidence of the client
• Not wise to advise your client to hide from the police
• Explain the limits of what you can do for the client

11. Adhering to instructions
• If you act with out authority , you are guilty of
misconduct and you can be sued for damages
• All stages , stick to the instructions
• If any limitations , record them and keep to them
• Lord Denning in Griffits v Evans “ The word of the client
is to be prefered to the word of the Solicitor , or at any
rate more weight is to be given to it…The reason is
plain. It is because the client is ignorant and the
solicitor is or should be learned. If the solicitor does
not take the precaution of getting a written retainer ,
he has only himself to thank for being at variance with
his client over it and must take the consequences”

12. Settlement agreements
• Obtain clear instructions from client
• Always record the instructions
• Once you have accepted the offer ,it is not
uncommon for clients to start believing that
he could have got more
• If you take the trouble of recording , disputes
will not even arise

13. Doing good secretly
• We all want to do good but it must be on the
instructions of the client and with regular feed
backs and consultaion
• “It is extremely unrewarding to take on decision-
making process with the view to acting in the
client ‘s best interest without the client’s
knowledge
• Do not take it upon yourself to conduct the
matter on behalf of the client with out the client’s
full knowledge and instructions”

14. Confidentiality
• Client’s instructions are confidential
• You and your staff has to respect that
• Be careful of discussing them in the presence
of strangers
• This is both ethical and an implied contractual
term.
• You can face disciplinary and can be
interdicted from breach

15. Legal professional Privilege
• Must have been out of Attorney and client
relationship
• Given for purpose of professional advice or
existing or contemplated litigation (judicial or
quasi judicial matters)
• Not where it was for illegal purposes
• Even actions by client be means of which
information is conveyed (eg rolling up the
sleeves in order to show a wound)

16. Exceptions
• Where an Attorney signs a will as a witness
• Where the original copy of the document is not
privileged
• When document is in a file containing documents that
are not privileged
• The name of the client is not privileged
• If some one overheard the conversation , he can
present the document
• If intended for commission of crime
• It can be waved
• In SA if inadvertently furnished to the opponent

17. Remedies where such documents are
attached
• The onus is on the one who alleges privilege
• Check whether the warrant discrbed in the warrant
• Make copies
• Seal the document and indicate the privilege
• The will normally be sent to the office of the registrar
and kept there pending determination
• The process should be automatic
• Failing which , can bring an ex parte application
• In the absence of instructions to the contrary , teat it as
privileged and do not make concessions.

18. Conflict of interest
• Do not take instructions in a matter where you
anticipate conflict
• In a matter where you once acted for the
other party
• It is dangerous to act for both parties as well
because conflict may arise later
• Do not act for a person in a transaction where
you are also involved or an Associate is
involved

19. The so called chinese wall
• This is where because you have conflict , then
you give the instructions to a college in the
same firm
• Australia , Canada and United Kingdom courts
have ruled against it
• The issue has not been clarified is South Africa

20. Personal interest
• Do not act on a matter where you have interest
• Even in a matter where a partner , Associate has
interest directly or indirectly
• Never take advantage of clent’s inexperience , lack of
sophistication, age or any infirmity
• Do not accept secret profits
• Do not mix business relationship with professional
relationship eg
• Do not borrow from client
• Not even arrange borowing for some one from client
• Avoid accepting substantial gifts from clients

21. Where you may be involved in
litigation
• Do not act in a matter where you may be a witness
• Avoid creating this situation
• Do not be an adviser where the client may have a
cause of action against you
• Do not jump and make admissions cause you may
prejudice your professional indemnity insurance
• Not in a matter against your Organisation or Company
• Try and check possible conflict at the time of obtaining
instructions
• Do not confuse non-clients , make it clear that you are
not representing him.

22. Costs
• Overreaching is not allowed
• Do not compromise fees
• Explain the bill properly to the client
• Explain possible court orders to client
• Understand the scales and explain clearly
• If a client is unhappy he can demand that you
arrange for his bill to be assessed
• A client may wave his right to an itemised bill

23. Monies paid in advance
• It is wise to secure your fees
• It is your duty to secure the fees for counsel
• Money paid in advance is trust money
• The general rule is that a bill can not be
rendered until the matter is complete
• There can be an agreement otherwise

24. Fee guiding factors
• Statute in which case you have to follow it
• Otherwise be fair and reasonable taking the ff
factors into consideration:
• Complexity of the matter
• Skills, labour, specialised knowledge
• Time spent
• Number , length and importance of documents
• Importance of the matter to the client

25. Attorney’s lien
• You have it until you have been paid your fees
for work done and expenses
• Originally it was only over the documents
prepared by the Attorney himself only
• The position was changed in Botha v E M
Mchunu 1992(4) SA 740
• It seems letters by the Attorney to 3rd parties
and documents from third parties are not part
of the lien

26. Taking over matters from colleagues
• Assist the colleague in getting is fees paid
• The colleague may exercise the lien
• Both Attorneys have to co-operate to resolve
the issue
• Check the rules of the society as to whether
you can act
• Remember your colleague has to withdraw
from record before you place yourself on
record

27. Acting for relatives
• It is not wise to do so
• They are in fact the worst clients
• They hardly respect you, they will give you instructions
over dinner
• They are quick to feel that you have given lessor
attention to their matters
• They may entice you to handle matters out of your
scope
• They are the first to complain about the bill
• Not wise to draw your parents will if you are going to
be a beneficiary

28. Professional conduct
• Be a fit and proper person at admission
• Remain so through out the career
• Do not commit crime or act of dishonesty
• Refrain from any conduct that may put the profession into disrepute
• Uphold the law at all times
• Be reliable and be a person of integrity
• Ignorance of the law or rules is not an excuse , it is an aggravation
• Do not incite others to flout the law
• But you can advise a person to take advantage of loop holes
• Commissioning affidavits in the absence of the deponent is not allowed
• Treat people with respect including witnesses
• Keep trust money as such

29. Duty to client
• Put the interest of client first
• Advise client correctly
• Take care of client business
• Account to client about mandate and monies
• Exercise care and skill expected
• Where you claim to be a an expert, act as such
• Do all that is required on behalf of client from a
competent Attorney
• Ensure fairness of trial
• Duty to act fearlessly

30. Duty to court
• Understand the court processes
• Respect the court and show the required decorum.
• Be courteous to all court officials irrespective of their
positions
• Show courage even in the face of a hostile bench
• But draw the difference between fearleseness and
contempt
• Assist the court in arriving at a fair decision.
• Be honest in guiding the court
• Do not abuse the court process.

31. Dealing with a hostile bench
• Do not loose the respect
• Where possible , raise your concerns in
chambers
• Advisable to take a senior colleague with you
• If that fails , then put your objections and
concerns on record
• Then take the matter up on review.

32. Sub judice
• Once proceedings have commenced , any conduct which as a
matter of practical reality has a real and definite tendency to
prejudice or embarrass the trial of those proceedings is a contempt
of court eg:
• Publicly pre-judging the Accused in a matter which is sub judice (
Chunguete v Mnister of Home affairs 1990 (2) SA 836)
• Attempting to influence the court trying the matter( S v Van
Niekerk 1972(2) SA 279
• Publishing Accused’s criminal records shortly before the trial
• Interference by a public official in a matter which still under
consideration by a court. ( Kauesa v Mnister on Home Affairs 1995
(1) SA 51.)

33. In court
• Be punctual
• Know when to bow
• Know how to address other officers of the court
• Know your facts
• Do not guess
• Shut up when the court is giving a ruling
• Understand the issue
• Quickly get to the point and make it clearly
• Minimise sweet talk
• Keep control
• Look like a lawyer
• Be courteous
• Be fearless

34. Duty to colleagues
• Treat them with respect and be courteous
• They must be able to trust your word
• This means you must never mislead them
• Respond to their correspondence
• No instructions with out cover
• Be willing to assist them
• Do not compete in an unethical manner
• Try and protect the profession

35. Dealing with prosecutors
• Be respectful and courteous
• It is wise to approach him before court starts
• This may be the time to arrange dates
• Discuss the issues as much as possible
• Know when to escalate the issues
• Do not make concessions at the expense of
your client.

36. Generally
• Attorney not allowed to share premises
• Not allowed to share fees with non Attorneys
• Touting is not allowed
• Keep a client’s file for a period of five years
• Handle trust monies appropriately

37. FICA ACT
• Act No 38 of 2001
• Sec 29 applies to all Businesses including
Attorneys
• Any one carrying , in charge of , who manages
or is employed
• Report suspicious or unusual transactions
• Failure to report can lead to a sentence of up
to 15 years or a fine up to R100 million.