Part and parcel of an attorneys make-up – a follow-up

Published on October 5, 2022

Also consider the following as said by Kirk-Cohen J in in Law Society, Transvaal vs Matthews 1989 (4) SA 389 (T) at 395:

The attorney is a person from whom the highest standards are expected by the profession and the court. The profession is not a mere calling or occupation by which a person earns his living.

An attorney is a member of a learned, respected and honourable profession and, by entering it he pledges himself with total and unquestionable integrity to society at large, to the courts and to the profession…… only the very highest standard of conduct and repute and good faith are consistent with membership of the profession which can indeed only function effectively if it inspires the unconditional confidence and trust of the public. The image and standing of the profession are judged by the conduct and reputation of all its members and, to maintain this confidence and trust, all members of the profession must exhibit the quantities set out above at all times. (quoted in S.A Legal Practice Council vs. Teffo - Judgement, paragraph 142).

A lawyer cannot rely on mere rules and codes alone to be a fit and proper person. It would have been prudent for the Respondent to use his moral compass. It is clear that the Respondent failed to use his ability to judge what is right and wrong and act accordingly.

Even though legal practitioners are required to put the interest of their clients above their own, in achieving that they must not at any stage try to deceive the courts.

Legal Practitioners are expected to act in a trustworthy and reputable manner at all times. In Vassen vs. LAW SOCIETY OF THE CAPE it was held that the profession of an attorney, as other officers of court, is an honourable profession which demands complete honesty, reliability and integrity from its members. For the courts to function properly, it relies on legal practitioners when appearing in courts to act in a reliable and honest manner.

(Kganyago G in Mokgaka and others vs. RAF [2022] ZALMPPHC 41.)

Attorneys therefore, must at all times inspire the unconditional confidence, respect and trust of the public. The public is entitled to demand these qualities from legal representative.

M.W. Attorneys