BWE1501
Assignment 1
Semester 1
Due 26 March 2026
, Question 1
In terms of the Legal Practice Act, which document must attorneys
practising on their own account or in partnership possess to be entitled to
practise?
Attorneys practising for their own account or in partnership must possess a Fidelity
Fund Certificate.
In terms of section 84(1) of the Legal Practice Act 28 of 2014, a legal practitioner may
not practise for his or her own account, either alone or in partnership, unless he or she
is in possession of a valid Fidelity Fund Certificate (Legal Practice Act 28 of 2014). This
certificate confirms that the attorney is covered by the Legal Practitioners’ Fidelity Fund,
which protects members of the public against theft of trust money.
Without this certificate, the attorney is not legally entitled to practise on their own
account.
Question 2
Discuss the competence and diligence expected under the specific ethical
guidelines that a paralegal must consider and apply in the workplace.
Competence and diligence are core ethical duties that guide the conduct of paralegals
in the workplace.
Competence refers to the paralegal’s ability to perform tasks with the necessary
knowledge, skill and understanding required for legal support work. A paralegal must
only perform duties that fall within their level of training and must not engage in activities
reserved for admitted legal practitioners, such as giving independent legal advice or
appearing in court (South African Board for Sheriffs, 2016). For example, a paralegal
may draft a letter under the supervision of an attorney, but may not sign it in their own
name as if they are the legal practitioner.
Assignment 1
Semester 1
Due 26 March 2026
, Question 1
In terms of the Legal Practice Act, which document must attorneys
practising on their own account or in partnership possess to be entitled to
practise?
Attorneys practising for their own account or in partnership must possess a Fidelity
Fund Certificate.
In terms of section 84(1) of the Legal Practice Act 28 of 2014, a legal practitioner may
not practise for his or her own account, either alone or in partnership, unless he or she
is in possession of a valid Fidelity Fund Certificate (Legal Practice Act 28 of 2014). This
certificate confirms that the attorney is covered by the Legal Practitioners’ Fidelity Fund,
which protects members of the public against theft of trust money.
Without this certificate, the attorney is not legally entitled to practise on their own
account.
Question 2
Discuss the competence and diligence expected under the specific ethical
guidelines that a paralegal must consider and apply in the workplace.
Competence and diligence are core ethical duties that guide the conduct of paralegals
in the workplace.
Competence refers to the paralegal’s ability to perform tasks with the necessary
knowledge, skill and understanding required for legal support work. A paralegal must
only perform duties that fall within their level of training and must not engage in activities
reserved for admitted legal practitioners, such as giving independent legal advice or
appearing in court (South African Board for Sheriffs, 2016). For example, a paralegal
may draft a letter under the supervision of an attorney, but may not sign it in their own
name as if they are the legal practitioner.
