Rösemann v General Council of The Bar of South Africa (364/2002)
Rösemann v General Council of The Bar of South Africa (364/2002) [2003] ZASCA 96; [2003] 4 All SA 211 (SCA); 2004 (1) SA 568 (SCA) (26 September 2003)
The Supreme Court of Appeal held that the appellant, an advocate, was guilty of professional misconduct for accepting instructions from an attorney to perform all administrative and preparatory work normally done by an attorney, including signing pleadings and notices of motion in magistrates' court proceedings and furnishing his own address for service. The referral rule, which requires advocates to act only on instructions from attorneys and not to perform work reserved for attorneys, is a fundamental aspect of the divided legal profession in South Africa and serves the public interest. The…
Source excerpt
- Professional Misconduct
- Division Of Legal Professions
- Referral Rule
- Signing Of Pleadings
- Constitutional Right To Practice
- Attorneys Act