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EDA3058 Exam pack 2024(Questions and answers)
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EDA3058 EXAM PACK2024
QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
, lOMoARcPSD|31863004
ATTORNEYS’ PRACTICE FREQUENTLY ASKED QUESTIONS to FEBRUARY 2018
The number in brackets represent the marks allocated for the question. The number in
the last column represents the frequency of the question in the papers compared.
Q ETHICAL QUESTIONS
1. Ethical / professional considerations applicable to attorneys when a firm is 1
transferred to another attorney (10)
2. How do you establish correct conduct to follow when uncertain of ethical 2
position?(3) also asked for (2)
3. Is it ethically correct for an experienced but unqualified person to perform the 3
following functions (for example collections):
1. work independently on legal matters (3)
2. consult with clients and take instructions (2)
3. negotiate with debtors and arrange payment of debt in installments (2)
4. give legal advice in general (2)
5. handle elementary High court matters and to brief counsel (3)
6. sign trust cheques (2)
4. Name five authorities you would consult to establish whether conduct is ethical 4
(5)
Also asked for (3)
5. Explain why it is ethically correct to enter a plea of not guilty where the accused 2
admitted the facts on the charge sheet (5)
Also asked for (4)
1
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6. What are the requirements a court will consider in an application for an attorney 2
to be readmitted following being struck from the roll due to dishonesty? (5)
7. Discuss your responsibilities when you obtain a new computer program which 3
you do not know (6)
8. May you act pro amico for staff of a financial institution which is your client (2) 2
9. May you make your holiday apartment available free of charge to the senior 2
management of your client who is a large financial institution (2)
10. May you sponsor holes on a golf day for a client who is a large financial2
institution (3)
11. May you agree with a financial institution to charge half the tariff of bond costs 1
provided they pay your conveyancing fees? (3)
12. May you agree to reduce your bond fees or pay a handling fee to bond 1
originators in order to attract such applications? (3)
13. Discuss how you should handle an offer by a client to lend you money where 2
you are interested in such a loan (3) (3)
14. List six examples of contempt in the face of the court (in facie curiae) (6) 2
Also asked for (7) marks
15. What is the legal relationship between an attorney and client? List four legal 1
consequences arising from that relationship relating to e.g. reward,
termination, commissions, accounting (5)
16. List three duties of an instructed correspondent (3) 1
17. What should an attorney do who finds out that he will have to testify in a civil 1
trial in which he was to appear on behalf of a party? (3)
2
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18. May an attorney consult with his or her client whilst that client is being cross 2
examined (3) (3)
19. May an attorney under any circumstances divulge information given by his 2
client in confidence (3) (3)
20. May an attorney allow a secretary to consult with clients and take instructions 1
during his or her absence? Discuss briefly (3)
21. May you accept an instruction which you are not experienced in handling but 2
which is not a complex legal matter? (8)
22. Your large financial institution client wants to deposit a very large sum of 2
money to your trust account which their client wants to pay them in cash and
they want the amount paid to you so that you can give them a trust cheque.
What duties does FICA impose? May you claim that client affairs are
confidential? (8)
23. In terms of the Attorneys’ Act, what work may only be done by an attorney in 2
the expectation of fee, gain or reward (6)
Also asked for (7)
24. Discuss briefly the right and duty of an attorney to withdraw from a mandate, 2
the way the withdrawal should be implemented if it arises from lack of
instructions from a client, right of retention and the professional duty of any
new attorney (9) (3)
25. On what grounds would an attorney be entitled to withdraw as attorney and 2
terminate his client's mandate? (5)
3
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