Establishment and Purpose
The Legal Practitioners Fidelity Fund is established by the Legal Practitioner’s Act 15 of 1995. The Legal Practitioners Fidelity Fund investigates allegations of pecuniary (financial) loss or loss of property due to theft by:
- A legal practitioner
- A candidate legal practitioner
- An employee of the above
- An executor employed by the above
The allegation must be reported by the affected member of the public to the Legal Practitioners Fidelity Fund. If the allegation and loss is proven true, the Legal Practitioners Fidelity Fund reimburses the affected member of the public for the loss. The Fund may also reimburse a member of the public for theft of money or property by a legal practitioner or articled clerk engaged in real estate dealings.
- The LPFF is a fund of last resort. This means possible claims against the legal practitioner / private insurer need to be exhausted first.
Under section 56 of the LPA, the board of control of the LPFF shall consist of the chairperson of the Council of the LSN and three legal practitioners appointed by Council, of whom at least two shall be legal practitioners who are not members of the Council, and at least two are persons who have been engaged in private practice for a period of not less than five years.
The Council may further appoint an alternate member to act in the place of the chairperson during his / her absence or inability to act as a member of the board of control.
The fund revenue is derived from the following sources:
- The annual contributions by legal practitioners and interest paid to the fund under the LPA
- Investments
- Money recovered for the benefit of the fund
- Money received on behalf of the fund from an insurance company
- Other money lawfully paid into the fund