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 who practise for their own account or in partnership must possess a Fidelity
Fund Certificate in order to be legally entitled to practise.
In terms of section 84(1) of the Legal Practice Act 28 of 2014, no legal practitioner may
practise or act as a practitioner for their own account or in partnership unless they are in
possession of a valid Fidelity Fund Certificate (Legal Practice Act 28 of 2014). This
certificate is issued annually by the Legal Practice Council and confirms that the
practitioner is covered by the Legal Practitioners’ Fidelity Fund.
The purpose of this requirement is to protect members of the public against loss of
money entrusted to attorneys. For example, if a client deposits funds into an attorney’s
trust account for a property transfer and the attorney misappropriates the funds, the
Fidelity Fund may compensate the client. Without this certificate, the attorney may not
lawfully handle trust money.
Question 2
Discuss the competence and diligence expected under the specific ethical
guidelines that a paralegal must consider and apply in the workplace.
Competence refers to the ability of a paralegal to perform assigned duties with the
necessary knowledge, skill, and understanding of the law and office procedures. A
paralegal must have adequate legal knowledge relevant to their tasks and must stay
informed about developments in legislation and practice. For example, when assisting
with drafting court documents, a paralegal must understand the relevant court rules and
formatting requirements to avoid procedural errors.
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 who practise for their own account or in partnership must possess a Fidelity
Fund Certificate in order to be legally entitled to practise.
In terms of section 84(1) of the Legal Practice Act 28 of 2014, no legal practitioner may
practise or act as a practitioner for their own account or in partnership unless they are in
possession of a valid Fidelity Fund Certificate (Legal Practice Act 28 of 2014). This
certificate is issued annually by the Legal Practice Council and confirms that the
practitioner is covered by the Legal Practitioners’ Fidelity Fund.
The purpose of this requirement is to protect members of the public against loss of
money entrusted to attorneys. For example, if a client deposits funds into an attorney’s
trust account for a property transfer and the attorney misappropriates the funds, the
Fidelity Fund may compensate the client. Without this certificate, the attorney may not
lawfully handle trust money.
Question 2
Discuss the competence and diligence expected under the specific ethical
guidelines that a paralegal must consider and apply in the workplace.
Competence refers to the ability of a paralegal to perform assigned duties with the
necessary knowledge, skill, and understanding of the law and office procedures. A
paralegal must have adequate legal knowledge relevant to their tasks and must stay
informed about developments in legislation and practice. For example, when assisting
with drafting court documents, a paralegal must understand the relevant court rules and
formatting requirements to avoid procedural errors.
