Complete answers to Assignment 1 2024 TLI4801. Covering client interview objectives, summons types, drafting facta probanda, and regulations for legal practitioners under the Legal Practice Act of 2014(Question 1 a-d)
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, 4. ASSIGNMENTS .
4.1 Assignment 01 – Semester 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)
The objective of the interview with Mrs. M is to gather essential information regarding the motor
vehicle accident and her decision to pursue legal action against Mr. K, while also showcasing the
attorney's legal services persuasively. It is crucial to establish a rapport with Mrs. M through the
exchange of pleasantries, fostering trust and creating a comfortable environment for open
communication.
The interview process can be structured into various stages, each serving a specific purpose in
achieving the overall objective:
Stage 1: Initial Meeting and Exchange of Pleasantries: This stage sets the tone for the
interview by establishing a welcoming atmosphere. The attorney greets Mrs. M warmly,
introduces themselves, and engages in polite conversation to put Mrs. M at ease.
Stage 2: Identification of Concerns and Goals: During this stage, the attorney listens
attentively as Mrs. M discusses her concerns and objectives. This may include her desire to
seek compensation for the damages to her vehicle and any emotional distress caused by the
accident.
Stage 3: Addressing Preliminary Matters: The attorney addresses any preliminary issues,
such as Mrs. M's financial situation and concerns about legal fees. Transparency regarding
the legal process and potential costs is crucial to manage Mrs. M's expectations effectively.
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