QUESTION 1: CIVIL PRACTICE
1. A client arrives at your office. You notice that she is using crutches and her right leg is in a cast. She informs you that she has been involved in a motor collision. Her leg was broken and she sustained bruises on her face and body as a result of the accident. Her c...
question 1 civil practice 1 a client arrives at your office you notice that she is using crutches and her right leg is in a cast she informs you that she has been involved in a motor collision he
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TLI4801 - Techniques In Trial And Litigation
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TLI4801
TECHNIQUES IN TRIAL AND LITIGATION
PORTFOLIO
UNISA
2021
FOR ECP STUDENTS
DUE DATE: 12 JULY 2021
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,QUESTION 1: CIVIL PRACTICE
1. A client arrives at your office. You notice that she is using crutches and her
right leg is in a cast. She informs you that she has been involved in a motor
collision. Her leg was broken and she sustained bruises on her face and body
as a result of the accident. Her car has also been damaged. There is a problem
with her insurance. She has no income.
Answer the following questions:
(a) Critically discuss the purpose of your interview with the potential client. (6)
The way we conduct the interview will depend on the purpose of the interview. An
interview with a client seeking advice will be conducted according to certain accepted
protocols and techniques. There are some basic techniques that will be applied in any
interview conducted by a lawyer. Implicit in these techniques are well-thought-out
principles which determine the structure of the interview and the style and content of
the questions. Our hypothetical client is a new client; we have not done any work for
her before. So, we need to rely on a general scheme for interviews that will serve us
well, not only for this client, but for other clients as well. Our objectives are to elicit the
relevant facts; clarify the client's objectives; explain the law and procedure to the client;
advise the client on the available options; counsel the client; and take instructions on
the future conduct of the matter.1
(b) What is the aim or purpose of exchanging pleasantries with a potential client? (4)
(10)
1) Meet the client at your reception.
1 CG Marnewick Litigation Skills for South African Lawyers, 3rd edition, (2012
LexisNexis) page 7
, 2) Introduce yourself.
3) Give the client a comfortable seat.
4) Engage in some small talk until you can steer the conversation to the purpose
of the interview. 2
2. On the morning of 2nd July 2021, Mr Ralph Adams, an athlete, is walking on
a public road in Johannesburg, when he is struck from behind by a speeding
taxi driven by Dave Mhkize, with registration number TN565GP. The accident
takes place on Smal Street, Johannesburg. Mr Adams is injured as a result of
the accident. Mr Adams sustains the following injuries: a broken right leg, a
broken pelvis, a deep cut below his right eye resulting in permanent facial
scarring, bruises and abrasions to the right-hand side of his body. His doctors
advise him that he will not be able to resume his athletic training as a result of
his injuries. His injuries amount to R 750 000,00. Mr Adams wants to institute a
claim against Dave Mhkize. He approaches you for legal advice.
Answer the following questions, using proper references. Note: In your
answers, you are required to make up facts to supplement the given facts of the
case in so far as your own rendition does not detract from the core issues.
(a) Discuss the type of summons Mr Adams will use to institute his claim or action.
(4)
Combined Summons
2 CG Marnewick Litigation Skills for South African Lawyers, 3rd edition, (2012
LexisNexis) page 16
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