LJU4802 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1
QUESTION 1: THE LEGAL PROFESSION
1.1 Define the term “legal ethics” in a narrow and broader sense. (5)
1.2 Read the following statement and answer the question that follows:
“To regard lawyers as no more than businessmen [or -women] wo...
1.1 Define the term “legal ethics” in a narrow and broader sense. (5)
The wide sense relates to the general relationship between law and morals and includes
the study of the debate between positivism and natural law and between liberalism and
communitarianism. The question here is whether the law can be used to decide moral
issues (abortion) The wide sense relates to narrow sense: ethical standards of
professional conduct which applies in the law. Shows how the lawyer should behave to
be a good, decent and proper lawyer.
1.2 Read the following statement and answer the question that follows:
“To regard lawyers as no more than businessmen [or -women] would mean that the
idea of the law and the objectives of justice, such as fair trade and equal distribution of
privileges and responsibilities relating to property, liberty and life, would be thwarted.
Only the most profitable cases would then be accepted by practitioners, and only the
rights and privileges of those able to pay the high fees of legal services would be
protected.”
In view of the above quotation, explain how the legal profession is different from a
normal job, business or trade, by referring to any 5 characteristics of a “profession”.
(5)
1. Specialized knowledge
2. Common good – justice
3. Serving the public
4. Discretion and autonomy
5. Accepting responsibility for their actions
6. Self-discipline = ethical
7. The profession is enforced by the courts
1.3 Read the following scenario and answer the question that follows:
Jimmy has just completed his LLB degree, and he is now working as a candidate
attorney at a big law firm in Cape Town. One Saturday morning, Jimmy and his mother,
who is a gynaecologist, discuss their respective professions and how they are being
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