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TLI4801 ASSIGNMENT 1 SEMESTER 1 – 2024 (790414)

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  • Course
  • Techniques in Trial and Litigation (TLI4801)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • Litigation Skills for South African Lawyers

TLI4801 ASSIGNMENT 1 SEMESTER 1 – 2024 (790414) DUE DATE: 18 MARCH 2024 Answer the following questions: (a) Critically discuss the purpose and objectives of your interview and the aim of exchanging pleasantries with Mrs M during the interview. (b) Discuss the type of summons Mrs M wil...

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  • March 12, 2024
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TLI4801
ASSIGNMENT 1
SEMESTER 1
DUE DATE: 18 MARCH




2024


"Elevate Your Excellence: Where Distinction Meets Assurance in Every Assignment!"

,TLI4801 ASSIGNMENT 1 SEMESTER 1 – 2024 (790414)

DUE DATE: 18 MARCH 2024




1

,Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d)) must not exceed 15 pages.
Note: You may make up your own facts to supplement the given facts without detracting
from the core issues.

1. You are a recently admitted legal practitioner practising as an advocate in terms of the
Legal Practice Act, 2014. On the afternoon of 16 January 2024, Mrs M is on her way
back home in Bryanston, Johannesburg after collecting her two children from their
first day back at school when she is involved in a motor vehicle accident where her
vehicle was hit from behind by Mr. K who had failed to stop at a red traffic light at the
corner of Winnie Mandela Drive and Sloane Street, Bryanston, resulting in the
collision. Mrs M vehicle suffered extensive damage to its electronic safety systems to
the value of R80 000,00, amongst other damages caused and she is extremely
distressed in that she does not have insurance and is unable to afford to pay for the
repair costs.

Mrs. M approaches you for advice following a referral from a mutual friend and her
(Mrs. M) instructions are for you to institute legal action against Mr. K for his
negligent driving that resulted in the damages to Mrs M’s motor vehicle.



Answer the following questions.

(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Mrs M during the interview. (10)

INTERVIEW WITH CLIENTS:

 A legal practitioner must use a good structure and technique for the interviewing
process so that he or she can elicit all the relevant facts from the client. A good
structure would entail the following: hosting an initial meeting with the client;
addressing problem and goal resolution; discussing preliminary matters, setting facts in
chronological order; developing a preliminary theory; giving preliminary advice and
concluding the interview.

 The interview must assist in filling the gaps in the information at hand. Your plan also
has to consider the admissibility, reliability and sufficiency of information collated;




2

, Interviews may take place in different ways: a formal setting, telephonically, away from
the legal practitioner’s office or on social media, such as inter alia, the use of Skype,
Facetime, WhatsApp, Microsoft Teams, Zoom or similar app; The purpose of the
interview will determine the manner in which the interview is conducted. This may
involve certain protocols and techniques.

 The objectives of the interview should elicit relevant facts, clarify the client’s objectives,
explain the law and procedure to the client, advise the client on the available options,
counsel the client and take instructions on the future conduct of the matter.


Note: A legal practitioner refers to an advocate or attorney admitted and enrolled in terms of
sections 24 and 30 of the Legal Practice Act, 2014 respectively. Some legal practitioners may
call the interview a “consultation” or a “conference”.

Source: Marnewick: Chapter 1

 A legal practitioner should use good manners and sound business practice to put the
client at ease. First impressions are usually lasting impressions. Using small talk or
striking up a conversation with the client at the earliest opportunity and maintain that
until the client and you are comfortably seated in the office.

 A legal practitioner’s office should be comfortable and comforting to the client. It is
important that the client can relate and see the lawyer as more than just a legal
practitioner. Show the client your undivided attention and offer her (Mrs M)
refreshments. Try to find a natural way to approach the client’s problem or goals. This
will assist in identifying the problem and identifying the goal.




3

, Application of the above Facts:
(Students do not necessarily have to include this part as it is just an example)

The purpose of the interview with Mrs. M is to gather all relevant facts regarding the motor
vehicle accident and to understand her objectives in seeking legal advice. It is important to
establish a rapport with Mrs. M through exchanging pleasantries in order to put her at ease and
create a comfortable environment for the discussion. This can help Mrs. M feel more open to
sharing details about the accident and her circumstances.

During the interview, it is essential to follow a structured approach, beginning with an initial
meeting to discuss the issue at hand and Mrs. M's goals. This should be followed by discussing
preliminary matters, setting out the facts in chronological order, and developing a preliminary
theory based on the information provided. It is important to clarify any gaps in information and
assess the admissibility, reliability, and sufficiency of the information gathered.

The objectives of the interview include eliciting relevant facts about the accident, clarifying Mrs.
M's objectives and expectations, explaining the relevant law and procedure, advising Mrs. M on
her available options, counseling her on the potential outcomes, and obtaining instructions on
how to proceed with the matter.

It is also important to maintain good manners and sound business practices, putting the client
at ease and showing respect for her situation. This includes Exchanging pleasantries & engaging
in small talk or casual conversation to build rapport, ensuring the office environment is
comfortable, offering refreshments, and showing undivided attention to Mrs. M's concerns.

By following these guidelines, the interview can be conducted effectively, ensuring that all
relevant information is gathered and Mrs. M is provided with comprehensive advice and
assistance regarding her legal rights and options following the motor vehicle accident.




4

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