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LJU4802 Latest Exam Pack with Nov. Exam Answers, Semester 2 2023
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- University Of South Africa (Unisa)
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By: cornelldekorte • 2 months ago
By: morarek1979 • 4 months ago
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LJU4802EXAM
Professional Ethics Exam Pack
Semester 2 2023
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LJU4802 Latest Exam Pack with
Nov. Exam Answers, Semester 2
2023.
Exam Date: 2 November 2023
Disclaimer
Extreme care has been used to create this document, however the contents are provided as is without any
representations or warranties, express or implied. The author assumes no liability as a result of reliance and use of the
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LJU4802
ASSIGNMENT 1
, SEMESTER 2 2023
QUESTIONS:
Question 1
Cite the legislation that currently regulates the attorney’s profession in South Africa.
Legal Practice Act 28 of 2014.
the legislation that regulates the attorney's profession in South Africa is the Legal Practice
Act No. 28 of 2014. This Act consolidated and reformed the law regulating legal
practitioners (attorneys and advocates), candidate legal practitioners and juristic entities. It
also established the Legal Practice Council and Provincial Councils, and made provisions
for the Legal Services Ombud and the Legal Practitioners’ Fidelity Fund.
Question 2
2.1 Name the applicant in this case.
The Legal Practice Council is the controlling body for the legal profession in South
Africa.
2.2 Describe the purpose of the applicant.
In accordance with the Legal Practice Act (LPA) Act No. 28 of 2014, the Legal Practice
Council (LPC) was duly constituted. The LPC operates as a national, statutory body, its
scope and influence extending throughout South Africa, mandated with the authority to
regulate the professional conduct and affairs of all legal practitioners within the
aforementioned jurisdiction.1 As defined within the context of the LPA, the term 'legal
practitioner' denotes any attorney or advocate who has been lawfully admitted and
subsequently enrolled under the regulations stipulated by the LPA.
1 Legal Practice Act (LPA) Act No. 28 of 2014.
, Question 3
3.1 What relief did counsel for the applicant request from the court in this case?
In the course of proceedings, counsel representing the applicant proposed that, in
consideration of the aforementioned circumstances, the court should mandate a
suspension period of six months for the respondent. During this suspension, it is further
recommended that the respondent be prohibited from independent practice, instead, they
should operate solely under the auspices of a senior attorney's supervision.
3.2 Explain on what grounds this relief was requested from the court.
The plea for this relief was predicated on two primary grounds. Firstly, counsel representing
the respondent submitted that the respondent exhibits profound remorse for his actions. In
a proactive effort to rectify his professional conduct, the respondent has enrolled in a
practice management course, sponsored by the Law Society of South Africa. Secondly, it is
noteworthy to acknowledge that this constitutes the respondent's initial transgression,
hence, there is no record of any prior misconduct on his part. These two factors collectively
underscore the respondent's commitment to ameliorating his professional conduct and
avoiding recurrence of such offenses in the future.
Question 4
Explain why an attorney must have a Fidelity Fund certificate and practise with a trust
banking account.
The requirement for an attorney to hold a Fidelity Fund certificate and operate with a trust
banking account is essential due to three key reasons as stipulated by the
Legal Practice Act 28 of 2014, specifically sections 84(1), (2), and (3).2
1. Protection of Public Interests: The Fidelity Fund certificate is a prerequisite for
an attorney or advocate practicing on their own account, either individually or in
2 Legal Practice Act 28 of 2014. s 84(1)(2)(3).
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