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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Exercise ethical responsibility and professional conduct in the attorneys profession 
SAQA US ID UNIT STANDARD TITLE
116092  Exercise ethical responsibility and professional conduct in the attorneys profession 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 7  Level TBA: Pre-2009 was L7  5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2026-06-30   2029-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
Each person in business needs to present himself / herself in a professional way to customers, colleagues and suppliers. This includes understanding the importance of ethics, confidentiality, prejudice and accountability. Successful learners will be able to do the following:
  • Use and apply the rules and procedures of professional conduct.
  • Effectively utilize ethical principles when dealing with clients and colleagues.
  • Discuss the ethical principles applicable to the State and the Law Society of South Africa.
  • Describe the structure of the organised profession. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The learner has acquired ethical standards and values to guide and assist him or her to organize their life and professional conduct.

    Learners registering for this unit standard will have demonstrated competence in legal knowledge at NQF level 7 as contained in a recognised law degree like B Proc or LLB or any other qualification recognised as equivalent to such a law degree in terms of legislation as indicated in the notes to the qualification. This assumed learning is listed in paragraph 4 of the qualification "Post graduate certificate in Attorneys Practice". 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Use and apply the rules and procedures of professional conduct. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Indicate the main reference sources of the rules of professional conduct. 

    ASSESSMENT CRITERION 2 
    Define professional ethics and indicate the rationale behind professional ethics. 

    ASSESSMENT CRITERION 3 
    Explain the concept "fit and proper person" with reference to the duties and consequences it imposes on practitioners and explain what is meant by the practitioner's duty to uphold the law. 

    SPECIFIC OUTCOME 2 
    Effectively utilize ethical principles when dealing with clients and colleagues. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Which considerations should be borne in mind when accepting a client. 

    ASSESSMENT CRITERION 2 
    The ethical principles that govern the execution of instructions. 

    ASSESSMENT CRITERION 3 
    And explain the concept of professional negligence and the principles and ethical considerations applicable thereto. 

    ASSESSMENT CRITERION 4 
    The importance of "confidentiality" with regard to communication between attorney and client. 

    ASSESSMENT CRITERION 5 
    And explain what "legal professional privilege" means and when it does or does not apply. 

    ASSESSMENT CRITERION 6 
    The consequences of using the words "without prejudice". 

    ASSESSMENT CRITERION 7 
    When a conflict of interest can arise and explain how a conflict of interest is handled. 

    ASSESSMENT CRITERION 8 
    The principles that apply to the "attorneys lien". 

    ASSESSMENT CRITERION 9 
    And explain the practitioner's ethical and legal duty in respect of his trust account. 

    ASSESSMENT CRITERION 10 
    When an attorney will have good reason to withdraw from a case. 

    ASSESSMENT CRITERION 11 
    The ethical principles that underlie the attorney's relationship with other practitioners. 

    SPECIFIC OUTCOME 3 
    Discuss the ethical principles applicable to the State and the Law Society of South Africa. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    And explain the ethical principles applicable to interviewing the counter party's witnesses and interviewing State witnesses. 

    ASSESSMENT CRITERION 2 
    The principles to be borne in mind with regard to the attorney and counsel relationship. 

    ASSESSMENT CRITERION 3 
    What is meant by the duty "not to abuse the process of the court". 

    ASSESSMENT CRITERION 4 
    What the attorney's duty towards the court entails. 

    ASSESSMENT CRITERION 5 
    And explain the concept "contempt in the face of the Court". 

    ASSESSMENT CRITERION 6 
    And explain the concept "civil disobedience" and its consequences. 

    ASSESSMENT CRITERION 7 
    And list the objects of the provincial law societies from an ethical point of view. 

    ASSESSMENT CRITERION 8 
    The scope of the disciplinary function that forms part of the relationship between an attorney and his/her law society 

    ASSESSMENT CRITERION 9 
    The phases in the investigation process that is undertaken by the provincial law society as far as misconduct is concerned 

    ASSESSMENT CRITERION 10 
    The powers of the Court in regard to misconduct by an attorney. 

    SPECIFIC OUTCOME 4 
    Describe the structure of the organised profession. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Explain the structure of the organised profession. 

    ASSESSMENT CRITERION 2 
    Indicate the importance and role of the Attorneys Fidelity Fund. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the POSLEC SETA ETQA and / or any other body with whom a mou was entered into.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the POSLEC SETA ETQA and / or any other body with whom a mou was entered into by SAQA.
  • The POSLEC SETA ETQA and / or any other body with whom a mou was entered into will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the POSLEC SETA ETQA and / or any other body with whom a mou was entered into.
  • Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.
  • Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the POSLEC SETA ETQA and / or any other body with whom a mou was entered into. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Demonstrated knowledge and understanding:
  • The nature and functioning of professional values in the organisation or workplace.
  • Ethical and professional conduct.
  • Why and how professional workers experience ethical dilemmas or value conflict in their particular organisation or workplace.
  • How professional workers should approach and deal with value conflict in the workplace. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Personal development. 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems. 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation or community. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to the personal development of learners and the society and economy, by being culturally sensitive and by participating as responsible citizens in the life of local, national and global communities. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  48920   National Certificate: Attorneys Practice  Level 7  NQF Level 07  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. LAW SOCIETY OF SOUTH AFRICA 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.