Chapter 5
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Responsibilities of attorneys

From the time that the attorney starts on your case, they are working for you. The attorney is there to advise you about your problem. The attorney also represents you in any meeting with an opposing party and in court hearings. This means that the attorney speaks for you and acts for you and charges you a fee for doing this.
As the client of an attorney, you have the following rights:

  • to professional, honest and unbiased advice at all times
  • to be treated with professional courtesy, respect and fairness, regardless of your race, nationality, age, gender, sexual orientation or disability
  • to privacy and attorney-client confidentiality
  • to agree the type of service you can expect and receive
  • to clear explanations in terms you can understand
  • to find out from the start of the consultation what you are hoping to achieve, and aim to make sure that your expectations are realistic
  • to know who will be handling your matter
  • to be advised on the likely success of your matter and not to do unnecessary work that will lead to unnecessary expenses
  • to an explanation of the cost implications and how the costs are likely to be calculated
  • to be kept informed of costs, so that you can work out if you can afford to pay for a particular course of action and if it is worth it
  • to be kept updated on developments and progress
  • to responses to your letters and telephone calls within a reasonable time
  • to a clear bill which shows the work done and the amounts charged
  • to complain about your attorney if you believe the attorney is acting unethically or in an unprofessional manner
  • to have the attorneys’ account assessed and taxed if you believe it is too high
  • to cancel your mandate to the attorney at any stage (subject to certain conditions) and to consult another attorney

REPORTING ATTORNEYS

Attorneys fall under the jurisdiction of the Legal Practice Council (LPC). The LPC is mandated to regulate the professional conduct of attorneys. If you have a complaint about your attorney, first talk to them about your concerns. Then, if you are still not satisfied, you can lodge a complaint with the relevant provincial office of the LPC. These are the types of problems with an attorney you could lodge a complaint about:

  • Persistent delays in answering letters
  • Failing to account for money held on your behalf
  • Improper, unprofessional or unethical conduct
  • Failing to give proper attention to your case

The Legal Practice Council will investigate all complaints of attorneys and advocates acting in an unprofessional manner. Go to the LPC website: www.lpc.org.za for a complaint form and guidance on how to submit the complaint.