Exam (elaborations)

LJU4802 / PROFESSIONAL ETHICS TAKE HOME EXAMINATION 2022 OCT/ NOV

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Course
LJU4802 - Professional Ethics (LJU4802)

Institution
University Of South Africa (Unisa)

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Uploaded on October 26, 2022
Number of pages 17
Written in 2022/2023
Type Exam (elaborations)
Contains Questions & answers

admission and enrolment
legal practitioner
the legal practice act
masango v raf 2016
trust account
no win no fee
success fee
etc
candidate legal practitioner
characteristics of a legal profession

Institution
University of South Africa (Unisa)
Course
LJU4802 - Professional Ethics (LJU4802)

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NAME:

STUDENT NUMBER: XXXXXXXXXXXXXXX

SUBJECT: PROFFESSIONAL ETHICS

CODE: LJU4802

ASSESSMENT TYPE: TAKE-HOME EXAMINATION

DUE DATE: 26 OCTOBER 2022

ACADEMIC HONESTY DECLARATION
I DECLARE THAT-

1. I understand what academic dishonesty entails and am aware of Unisa’s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of referencing.
Every contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention
of passing it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.
NAME:
SIGNATURE: XXXXXXXXXXXXXXXX
STUDENT NUMBER: XXXXXXXXXXXXXXXX
MODULE CODE: LJU4802
DATE : 25 OCTOBER 2022

,QUESTION 1

a. Admission and enrolment are contained in section 24 of the Legal Practice Act
28 of 2014. This Act stipulates that a person may only practise as a legal
practitioner if he or she is admitted and enrolled to practise as such in terms of
this Act. The High Court must admit to practise and authorise to be enrolled as a
legal practitioner, conveyancer or notary or any person who, upon application,
satisfies the court that he or she, is duly qualified as set out in section 26; is a
South African citizen; or permanent resident in the Republic; is a fit and proper
person to be so admitted; and has served a copy of the application on the
Council, containing the information as determined in the rules within the time
period determined in the rules.1

a. The difference between candidate legal practitioner and legal practitioner is as
follows:

1
Section 24 of the Legal Practice Act 28 of 2014.

, In terms of section 1 of the Legal Practice Act, legal practitioner means an admitted and
enrolled advocate or an attorney. In contrast, a candidate legal practitioner means a
person undergoing practical vocational training, either as a candidate attorney or pupil. 2

1.2.

a. The following characteristics are relevant to Zodwa’s profession:

 Professionals are required to have specialised intellectual knowledge and skills
before they will be granted access to their chosen profession. This knowledge,
which is not easily accessible to the lay person, puts the professional in a
position of authority vis-à-vis the client. The client has no other option but to trust
the professional and should therefore be able to rely on the latter’s integrity.
 Professionals are expected to have a commitment to promoting the basic good of
society. In the case of the legal profession, the basic good is justice.
 Professionals are expected to have a commitment to serving the public in
matters related to their particular field.
 Professionals enjoy relative autonomy in the execution of their duties. They use
their discretion in the execution of their duties and do not blindly accede to their
clients or other authorities.
 Professionals should have a willingness to accept personal responsibility for their
actions and for maintaining public confidence in their particular profession. 3
b. Probably Zodwa is concerned about the practical and theoretical concerns.

2
Department of Jurisprudence, Professional Ethics: Tutorial Letter 50/3/2022(University of Pretoria 2022)
9.
3
Department of Jurisprudence, Professional Ethics 11.

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Exam (elaborations)

LJU4802 / PROFESSIONAL ETHICS TAKE HOME EXAMINATION 2022 OCT/ NOV

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