Summary
Summary SIP Theme 3 Chapter 3
- Course
- Institution
SIP 400 Chapter 3, Theme 3 - COnsultation, legal Representation, Demand and Prescription.
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M.KrielCivil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 3:Chapter 3
Non-test information but still good to know:
- The initial consultation:
★ What is of paramount importance - the first impressions are lasting.
★ Example: Donald is the plaintiff. Why is he coming to me? Because
the best. Either appeared for him before or based on word of mouth.
Linked with the optional assignment. Have to ask what the matter is
about.
★ Example:
➢ 5 P’s are NB
❖ Proper
❖ Preparation
❖ Prevents
❖ Poor
❖ Performance
★ Where do we consult? Can consult anywhere. It is important to
create a good first impression.
★ 3 F’S NB
➢ First
➢ Fix
➢ Fees
★ Have to discuss the firm’s fee structure. Have a written fee
agreement in place before the consultation. The client has to pay a
deposit.
★ Have to decide whether you can appear for the client.
★ When there is a conflict of interest. Especially a personal conflict of
interest.
★ In a divorce matter for example. It depends! If there is no dispute you
can appear for both. If there is a dispute have to refer each party to
independent third parties.
★ Have to decide whether you will brief an advocate of the High Court.
★ Never do anything without mandate! Always confirm this mandate in
writing and attach the fee agreement.
★ Proceed by way of action procedure and way of the application
procedure.
- Information from the client:
★ Have to open a file for the client.
★ Will insert a file number. Reference on correspondence for
opponents.
★ Insert columns for date, descriptions, and fees.
★ The file needs to go to the bookkeeper.
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