The Requirement of Being a "Fit and Proper" Person for the Legal Profession
Abstract
An important requirement for admission as an attorney or advocate is to be a "fit and
proper" person. Lawyers are also struck from the respective rolls of advocates or
attorneys if they cease to be "fit and proper". This requirement of being a "fit and
proper" person is not defined or described in legislation. It is left to the subjective
interpretation of and application by seniors in the profession and ultimately the court.
In the apartheid years this requirement was applied arbitrarily but today the question
may be asked why some lawyers who have been found to be "fit and proper" do not
act as such. The pre–admission character screening of lawyers seems not to be
effective any more. Post– admission moral development is imperative.