Nationwide Legal Practice & Correspondent Attorney Roles

RW Kruger and Associates Inc is admitted and regulated in accordance with South African law and may render legal services nationally, subject at all times to statutory authority, jurisdictional competence, mandate acceptance, and ethical compliance.

Nationwide Practice in South Africa

South Africa operates a unified legal profession, regulated nationally by the Legal Practice Council. Legal practitioners may accept mandates across provincial boundaries, subject to:

  • Jurisdiction of the relevant court or forum
  • Applicable procedural rules
  • Client mandate and informed consent
  • Operational practicality and cost efficiency

Nationwide practice does not remove the requirement for compliance with local court rules, practice directives, or registry procedures applicable in each jurisdiction.

Role as Instructing Attorney

When acting as an instructing attorney, the firm retains primary responsibility for the client mandate. This role typically includes:

  • Client intake, mandate formation and ongoing client communication
  • Strategic legal analysis and case management
  • Legal research, drafting of pleadings and affidavits
  • Instruction of correspondent attorneys where matters fall outside the firm’s immediate geographic location
  • Coordination of procedural steps and compliance with court directives

The instructing attorney remains accountable to the client for the matter as a whole, while correspondent attorneys act within defined procedural parameters.

Role as Instructed Correspondent Attorney

When acting as an instructed correspondent attorney, the firm performs specific procedural or localised functions on the instruction of another legal practitioner.

Such functions may include:

  • Issuing and serving court process
  • Filing documents at court or tribunal registries
  • Attending routine procedural appearances
  • Obtaining court dates, directives or transcripts
  • Local procedural compliance and reporting

In this role, the firm does not assume control of the client mandate and acts strictly within the scope of the correspondent instruction received.

Jurisdictional Functioning Across Provinces

South African courts are organised by geographic and subject-matter jurisdiction. The firm evaluates jurisdiction based on:

  • Location of the cause of action
  • Domicile or residence of parties
  • Statutory jurisdictional provisions
  • Monetary and subject-matter thresholds

Where matters arise outside the firm’s primary operational area, the firm may either:

  • Act directly, where appropriate and practical; or
  • Engage correspondent attorneys in the relevant jurisdiction

Professional Coordination and Accountability

All correspondent arrangements are governed by professional cooperation, clear scope definition, and adherence to ethical rules.

The firm ensures:

  • Written correspondent instructions
  • Clear delineation of responsibilities
  • Transparent fee arrangements between practitioners
  • Proper trust accounting where applicable

Trust, Fees and Accounting

Funds received in respect of correspondent matters are handled in accordance with:

  • The Legal Practice Act
  • Legal Practitioners Fidelity Fund requirements
  • Applicable accounting standards

The firm maintains proper accounting records distinguishing:

  • Client funds
  • Correspondent disbursements
  • Professional fees

Ethical and Regulatory Compliance

Nationwide and correspondent practice is conducted subject to:

  • The Legal Practice Act
  • Rules of the Legal Practice Council
  • Code of Conduct for Legal Practitioners
  • FICA obligations

Conflicts of interest are assessed prior to acceptance of any mandate, whether as instructing or correspondent attorney.

Professional Disclaimer

This page provides general legal information regarding nationwide and correspondent legal practice. It does not constitute legal advice, an offer of services, or a solicitation.

All services are rendered subject to mandate acceptance, jurisdiction, and professional discretion.