The final code of conduct for legal practitioners has been published in terms of Section 36(1) of the Legal Practice Act 28 of 2014 (“The Act”).

This Code of Conduct regulates all legal practitioners, candidate legal practitioners and juristic entities. 

Advocates and Attorneys are both defined as legal practitioners and regulated by the Act.  It seems that the words “conflict of interest” are used quite loosely lately in social discourse.  We see clients and members of the public using these words without hesitation without really understanding what they mean.

Section 59 of the Code of Conduct reads as follows:

1. “A legal practitioner, shall, when acting for two or more clients, be aware of the risk of conflict of interests existing or arising in the course of the proceedings, whether criminal or civil, and once the legal practitioner is alerted to the existence of a conflict he or she shall withdraw from acting for one or all clients in those proceedings as soon as possible, and in particular:

    

   1. If the legal practitioner has become aware of privileged or confidential information of any one client relevant to the proceedings that could be used to the prejudice of any other client, the legal practitioner may not act in any proceedings in which the prejudiced client is a party;

       

   2. If the legal practitioner learns of a conflict of interest among clients at a time and under circumstances where the legal practitioner is not made aware of any privileged information, the legal practitioner may continue to act for one or other client as nominated by the instructing attorney (where one is appointed).

       

2.  A legal practitioner may act for two or more adversaries in drawing a settlement agreement to capture their agreement but must advise the parties of their rights to independent legal advice.  Moreover, in any matter involving a settlement of a matrimonial dispute or a matter involving the regulation of care and residence of children, the legal practitioner shall take active steps to ensure that all aspects of any contemplated settlement is equitable to all parties and in the best interests of the children”.