A critical review of the powers and duties of the Namibian Law Society in respect of legal practitioners’ conduct

• Author: Awarab, M.R.
• DOI: https://doi.org/10.47348/JCCL/V7/i2a6
• Published date: 09 November 2022
• Date: 09 November 2022
• Citation: (2021) 7(2) JCCL&P 122
• Pages: 122-133

https://doi.org/10.47348/JCCL/V7/i2a6

122

A CRITICAL REVIEW OF THE

POWERS AND DUTIES OF THE

NAMIBIAN LAW SOCIETY

IN RESPECT OF LEGAL

PRACTITIONERS’ CONDUCT

MARVIN R. AWARAB*

Lecturer, School of Law, University of Namibia

Abstract

Legal practitioners practising in any jurisdiction, including

Namibia, are bound by the provisions of the enabling legislation.

In the Namibian context, legal practitioners operate under the Legal

Practitioners Act 15 of 1995 read together with the Rules of the Law

Society of Namibia. The Law Society of Namibia has the mandate to

ensure that the legal practitioner’s conduct is in line with the law

and to investigate allegations of any legal practitioner’s breach of

duty. All legal practitioners operating in private practice have a legal

obligation to open and operate two bank accounts, namely a business

bank account and a trust bank account. Any violation of the law

in respect of the keeping of business and trust bank accounts may

invite s 31 consequences. This article therefore provides a critical

review of the powers and duty of the Law Society in intercepting

legal practitioners’ trust accounts. Furthermore, the article provides

an overview of the statutory-based conduct of legal practitioners in

managing trust accounts and the functionality of the Namibian Law

Society Fidelity Fund.

Keywords: legal practitioner, conduct, trust accounts, fidelity fund,

Namibia

I INTRODUCTION

An admitted legal practitioner who intends to operate a law firm

in Namibia is required to open two types of bank accounts at a

* Bjuris, LLB (UNAM), LLM (UCT), LLD (UNISA).

(2021) 7(2) JCCL&P 122

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