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Paper 3 - Attorneys Admission Exams - Oral example questions
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Paper 3 - Attorneys Admission Exams - Oral example questions Attorneys Practice/Ethics
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P3 Oral question1. What is a beneficiary?
2. Income beneficiary vs capital beneficiary
3. Effects/consequences of s 197 of the LRA
4. Exception in terms of marriage in community of property regarding contractual
agreements
5. Can a witness receive money/funds to secure her attendance at a criminal trial?
6. Can an Attorney represent both parties in a divorce matter?
7. Types of companies
8. Name the contracts where an electronic signature is prohibited.
There was another question that they asked me regarding companies but I honestly
cannot remember, sorry. I hope that this will be helpful to you guys as this group has
been helpful to me. I wish everyone the best of luck. This was in Mpumalanga.
1. Difference between Business rescue and Liquidation
2. Understanding of suspensive condition and an example
3. What is delegation and three examples
4. Differentiate between review and appeal
5. A client comes having signed a lease for year but now wants to leave but he's only
stayed for a month., how can you advise... There's no variation clause
6. When will prescription be interrupted?
7. How much is the contingency fee that an attorney may charge
8. What do you understand Discretionary trust
What is an allocator?
Trusts and the process of lodging it?
Difference between LPFF and LPIIF?
They asked about credit transactions covered by NCA?
How do you send the sl29 notice?
What do you do if your client's matter prescribes?
Is the indemnity insurance sufficient to cover claims?
It was 2 huge scenarios
You buying a business from someone what do you have to do to ensure the person's
business interests are protected
If a person wants to purchase shares from a business what documents must be
completed
And what's the procedure for purchasing shares
Fiduciary duty refer behaviour required when you position of trust or responsibility
including decision-making powers, terms of directors of company there are required
standards of conduct in accordance to section 76 of the Company act and how they act
assure they best interest of company, with the degree of care, skill and diligence
Duty to the court, client, law society and colleagues
Marriage regime
, When a surety is applicable
Can you share offices with a non litigious enterprise (nooo)
Sec 77 companies act - gross negligence
Touting scenario
When can you terminate a mandate
Accrual exceptions
1. How do you commission an affidavit for a stranger? Yes, you will need to request their
ID document
2. What are the 3 questions that the commissioner of oath will ask you?
3. Can you as an attorney speak about an argument you had with a client? (Attorney
client Priviledge)
4. Retrenchment. Explain it.
5. Disciplinary hearing. What must it contain in the letter.
1. They gave me a scenario whereby they said A husband and wife comes to you for a
divorce and they want to settle the matter. Can you represent both of them
2. They asked me about Touting
3. They asked me can an Attorney put his Business cards at the reception of a hospital
4. Section 174 discharge
5. They asked me if your client comes to you to represent them in a criminal matter and
after you represent him in the matter he changes his facts and admits that he was infact
guilty. What do you as an Attorney do?
6. They asked me on Prescription
7. When can an Attorney terminate or refuse a mandate
Can you commission your colleagues client's affidavit.
Privilege
AOD
Attorneys lien
The asked me:
-difference between a Normal and incidental credit agreement
-Meaning of lis pendens
-effect of prescription on a client
-Partnership (what happens to a very large partnership when a member dies)
-whether a Partner married in community of property's estate gets affected by a
creditor's claim on the partnership
-why choose a partnership?
-difference between personal liability and limited liability companies (what are they and
how do they differ?)
-Trusts (it was scenario about a rich man involved in risky business , how does he
protect his assets for his kids?)
-can he as a founder be a trustee and a beneficiary
-scenario about a client in a coma - the difference between a curator bonis and curator
ad litem (what are they?)
-can a curator bonis litigate?
-a specialist you'd need to help you in a big case of an injured client
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