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BWE501 – ACTIVITIESACTIVITY ACTIVITYS & ANSWERS (PASTE INTO BOOK)
ACTIVITY 1
Mrs Ngcobo wants to institute divorce proceedings against her husband. She consults with
her attorney who advises her that he is willing to act on her behalf but that he will require
a deposit of R5 000. Mrs Ngcobo decides to pay the deposit as she wants the attorney to
proceed with the divorce proceedings. Answer each of the following ACTIVITYs separately
with reference to the above facts
a) Is the R5 000 trust money or business money? Give a reason for your answer
ANSWER: Trust money. The work has not been done yet and remains the clients
money
b) After Mrs Ngcobo pays the deposit but before the attorney has proceeded with the
matter, Mrs Ngcobo and her husband reconcile. She tells her attorney that she no
longer wants to proceed with the divorce proceedings against her husband. Is Mrs
Ngcobo entitled to the return of her deposit? Give reasons for your answer
ANSWER: Yes, the attorney has not proceeded with the matter
c) Suppose that the attorney prepares a divorce summons, issues the summons at
court and sends the summons to the Sheriff to serve on Mr Ngcobo. However, after
Mr Ngcobo receives the summons he and Mrs Ngcobo talk and decide to give their
marriage another chance. Mrs Ngboco then talks to her attorney and instructs him
not to proceed with the divorce proceedings. The attorney provides a final
settlement account in respect to the work done for R2 000 in legal fees and R140
for expenses (sheriff’s fees for serving the summons). Explain what amount Mrs
Ngcobo will be entitled to receive from her attorney and give reasons in your
answer with reference to the difference between trust and business monies.
ANSWER: Mrs Ngcobo paid a deposit of R5000, however before the formal proceeding
of the divorce Mrs Ngcobo and her husband has reconciled. In this time there were
expenses incurred for legal work and expenses. Mrs Ngcobo is entitled to R2860 and
the balance of the money is owned to the law firm R2140 should be transferred into
the business account for legal work done.
ACTIVITY 2
a) You are a paralegal working at a community centre. You consult with a client and
realise that the matter should be referred to an attorney. You ask around and Mr
Ntsimang is recommended. You go and see Mr Ntsimang to discuss the possible
referral. Nowhere in Mr Ntsimang’s office do you see a fidelity find certificate and
Mr Ntsimang avoids any questions you ask in this gad except to assure you that he is
an attorney. What do you think would be the best action you could take in the
above circumstances? Discuss all the possible options, taking into account what you
have learnt about the attorney profession.
ANSWER: You should not use Mr Ntsimang as an attorney. Attorneys are required to
have a fidelity fund certificate to practice and must be displayed. You could phone the
Law Society and enquire whether he is an attorney, if he is not you may lay a
, complaint and provide them with the details. The Law Society will investigate and take
appropriate action.
b) You are a paralegal working at Ndlovu and Mhlangu Attorneys. Your supervising
attorney provides you with the necessary documents and instructs you to prepare
the first draft or a will for one of his clients. You do as you are told and then give
him the first draft to check and make amendments. Are you guilty of a criminal
offence? Give reasons for your answer
ANSWER: No the person is not guilty of a criminal offense. The person has drafted or
prepared the will in the course of employment on behalf of the employer whom is an
attorney
c) You are a paralegal working on your own in a community; you open and maintain a
trust account. You are the only person who has signing powers on this account and
the only person administering this trust account. Is this acceptable and what are
the possible consequences?
ANSWER: No, only a practicing attorney is allowed to have a trust account and receive
money on trust. You may be prosecuted. You may be ordered to pay a fine or be
sentences to time in prison.
d) You are a paralegal working at a community centre. When you have to refer a
matter to an attorney you always refer the client to a law firm that pays you a set
amount for each referral. Is this permissible? What are the consequences of such
action?
ANSWER: No, attorneys are not allowed to share their fees with non-attorneys. The
person and the attorney will be found guilty and can be fined or sentenced. They
attorney may be suspended or removed from the roll of attorneys.
e) You are a paralegal working at a law firm. You are paid on an incentive basis based
on a percentage of the fees paid by any new clients you bring to the frim. Is this
permissible and what are the consequences of such action?
ANSWER: No, this will also be share with a non-attorney. Again the person and the
attorney will be fined or sentenced. The attorney may be suspended or removed from
eh roll of attorneys
ACTIVITY 3
Below is a table that summarises some of the most important differences between the
attorney profession and the advocate profession. Insert the missing information and add a
few differences between the professions that you have identified yourself.
ATTORNEY PROFESSION ADVOCATE PROFESSION
Attorneys work directly with the public Advocate must receive instructions from
an attorney
Attorneys do all types of legal work but Advocates specialise in preparing and
can also specialise in a specific legal field presenting cases in court
This profession is represented and This profession is represented and
controlled by the Law Society of South controlled by the General Council of the
Africa Bar of South Africa
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