How to check if a lawyer is registered
Anyone can call themselves a "consultant" or "legal adviser". Only an admitted and enrolled legal practitioner is an attorney or advocate, and only an attorney with the right certificate may hold your money in trust. Here is how to check.
The Legal Practice Council
Attorneys and advocates in South Africa must be admitted by the High Court and enrolled with the Legal Practice Council (LPC), which regulates the profession. Ask the lawyer for their full name and the firm, and confirm their enrolment with the LPC.
If they will hold your money: the Fidelity Fund certificate
An attorney who receives money on your behalf, such as a deposit on a property or the proceeds of a settlement, must pay it into a trust account and must hold a current Fidelity Fund certificate from the Legal Practitioners' Fidelity Fund. Ask to see it, and check it is for the current year.
Property transfers have their own specialists: a conveyancer is an attorney who has also been admitted to register property transfers.
Warning signs
- They describe themselves as a "consultant" or "agent" but take on legal work.
- Money must be paid into a personal account rather than a trust account.
- No written mandate or fee agreement.
- Banking details for a property deposit "changed" by email. Always phone the firm on a number you looked up yourself before paying.
Common questions
How do I check if an attorney is registered in South Africa?
Confirm with the Legal Practice Council that they are admitted and enrolled as a legal practitioner. If they will handle your money, also ask for their current Fidelity Fund certificate.
What is a Fidelity Fund certificate?
A certificate from the Legal Practitioners' Fidelity Fund that an attorney who handles trust money must hold. It should be current, and money held for you must go into the firm's trust account.
What is a conveyancer?
An attorney who has additionally been admitted as a conveyancer, which allows them to prepare and register property transfers at the Deeds Office.