THE absence of legal certainty about the professional rules of the Law Society of South Africa (LSSA) — following a decision by the Competition Commission in 2011 not to exempt the rules from the Competition Act — has left the rules open to challenges from members and hinders disciplinary action against members accused of contravening them.This is the view of Competition Tribunal chairman Norman Manoim, who has expressed his dissatisfaction with the current situation.He says he is surprised that the LSSA left the matter up in the air by not challenging the commission’s decision. It creates an unhealthy situation for the society and its members, and the battles place a burden on the courts and the tribunal, he says.The tribunal heard closing arguments this week in the case referred to it by the Western Cape High Court on whether an LSSA rule that prohibits touting is anticompetitive. Touting is the payment of a fee to an unqualified person to solicit work for a lawyer.The case before...
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Subscribe now to unlock this article.
Support BusinessLIVE’s award-winning journalism for R129 per month (digital access only).
There’s never been a more important time to support independent journalism in SA. Our subscription packages now offer an ad-free experience for readers.
Cancel anytime.
Questions? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now.