Exam (elaborations)
TLI4801 PORTFOLIO MEMO
- Institution
- University Of South Africa (Unisa)
TLI4801 PORTFOLIO MEMO
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TLI4801 PORTFOLIOMEMO
OCTOBER 2021
Techniques in Trial &
Litigation - UNISA
BIBLIOGRAPHY INCLUDED
, QUESTION 1: CIVIL PRACTICE
1. A client arrives at your office. You notice that she is using crutches and her right leg
is in a cast. She informs you that she has been involved in a motor collision. Her leg
was broken and she sustained bruises on her face and body as a result of the accident.
Her car has also been damaged. There is a problem with her insurance. She has no
income.
Answer the following questions:
(a) What is the aim of exchanging pleasantries with a potential client? (4)
➢ Meet the client at your reception.
➢ Introduce yourself.
➢ Give the client a comfortable seat.
➢ Engage in some smalltalk until you can steer
the conversation to the purpose of the interview.
(b) Discuss the purpose of maintaining a chronological account of facts when
interviewing a client. (6) [10]
Naturally the facts that you seek to establish will be the facts that are relevant to the
preliminary identification you have made of the possible problems, including the
client's own problem identification. You will already know or have a good idea of the
legal requirements for the various possible claims against the RAF and any insurer.
The facts will be sought in order to establish whether these potential causes of action
are tenable on the evidence or whether further investigations are necessary. How you
establish the relevant facts, is a question of individual technique but most experienced
lawyers follow the same general pattern. They prepare a chronological arrangement
of the facts. They take possession of relevant documents and use them to complete
the facts. They use a technique in questioning which is designed to get the maximum
information from the client.
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