The misappropriation of clients’ funds allegations remains one of the most common complaints that the Legal Practitioners Council (LPC) in the country deals with on a yearly basis.
This according to the council’s North West Provincial Chairperson Gadafi Lehabe who confirmed that some of the complaints include the deferral by some legal practitioners to keep their clients abreast on the developments of their cases, and some practitioners taking a matter which they do not have a capability to handle.
He ascribed the increasing number of complaints the LPC received to heightened public awareness. There are 21 legal practitioners in the country who have been struck off the roll since January, while 38 others have been suspended for various contraventions.
The council, which monitors and regulates the conduct of legal practitioners, received 14 994 complaints about practitioners last year.
Speaking on YOU FM Newshour, Lehabe said that although the numbers don’t lie, they are not alarmed because some of the complaints are just mere complaints until proven otherwise.
“In the 14 000 complaints that we receive on average yearly, can go either way. It can be resolved by way of being dismissed if they are unfounded or because of misunderstanding, but I must say that sometimes it does happen that someone ends up being suspended or is struck off the roll,” said Lehabe.
Lehabe elaborates on the steps followed, after a complaint has been lodged against a legal practitioner.
“If there’s a complaint it must be submitted in writing to the legal officer who deals with discipline who will then refer it to the investigating committee which is the independent practitioners of attorneys and advocates.
“The investigating committee sits and decides whether the complaint warrants a disciplinary hearing instituted against the accused,” Lehabe explained.
Meanwhile, he applauded the North West for recording the lowest number of cases, when compared with other provinces.
“The North West is a small province, but I can reassure you that we do report quarterly and thus far we’ve got less than ten practitioners who have been struck from the roll as well as suspended from the beginning of this year. I can say that we don’t have great ill-discipline in the North West,” remarked Lehabe.
Meanwhile, the LPC has called on the public to verify that the lawyers they engage with, especially in matters involving potential payouts, have a valid fidelity fund certificate.
The council’s National spokesperson Kabelo Letebele said that the Legal Practitioners Fidelity Fund (LPFF) offers protection to members of the public whose money for claims for compensation or damages is paid into a lawyer’s trust account.
