PROFESSIONAL ETHICS LJU4802 SEMESTER 2, 2022 PORTFOLIO
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Course
LJU4802 - Professional Ethics (LJU4802)
Institution
University Of South Africa (Unisa)
The purpose of this document is to provide you with the SOLUTIONS in terms of the PORTFOLIO ANSWERS. This Document is my Personal Output and does NOT CONSTITUTE a Replica of any other Party's Work.
Care has been taken to compile this document as per the instructions that reflect the requirements ...
Who qualifies as a “legal practitioner”? Explain with reference to legislation,
(3)
(a) In South Africa, the ability to practice law is severely governed by law and the
court's inalienable common-law power to control its own procedures. For someone
to practice law, having a solid understanding of the law is not enough. Even
people who possess all necessary legal credentials will not be permitted to
practice law until they have established that they are in fact "fit and competent
persons."
Participation is subject to a thorough character check. According to Section
15(1)(a) of the Attorneys Act 53 of 1979, a court may only enrol an applicant "if the
court, in its discretion, considers such individual to be a fit and proper person to be
so accepted and enrolled." 1
A practicing attorney may be removed off the roll under Section 22(1)(d) of the Act
if the court determines that the individual is "not a fit and proper person to continue
to practice as an attorney."2
(b) The difference between a “candidate legal practitioner” and a “legal
practitioner”. (2)
Section 1 of the Act3 (definitions clause) defines “legal practitioners” and
“candidate legal practitioners” as follows:
• Legal practitioner means an admitted and enrolled advocate or attorney.
1
Tutorial Letter 501 for LJU4802, Professional Ethics (University of South Africa Pretoria
2022) 29.
2
Tutorial Letter 501 for LJU4802, 29.
3
The Legal Practice Act, 2014.
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