The bill also makes provision for the disciplining of legal practitioners. An ombudsman will have investigatory powers, while the council will have the power to hold disciplinary inquiries. It will also be given the power to suspend or strike practitioners from the roll. The biggest blow to the advocates' profession is the proposed fusion of the profession with that of attorney. This means that all legal practitioners will be entitled to take work directly from members of the public.
Advocates operate on a referral system.
They do not accept briefs from members of the public, but only from attorneys. In response to pressure from the bar council, the third draft makes provision for legal practitioners to take instructions on a referral basis. Effectively this allows for the continued existence of the bar council and its constituent members to take work only on the instructions of an attorney. The third draft makes provision for three rolls one for legal practitioners, one for paralegals and one for conveyancers. It is the first time that paralegals will receive enhanced status.