, LJU4802 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 - DUE 22 August 2024 ; 100% TRUSTED Complete,
trusted solutions and explanations.
QUESTIONS Question 1 Cite the legislation that currently
regulates the attorney’s profession in South Africa. (2) Question
2 2.1 Name the applicant in this case. (1) 2.2 Why was the
applicant established? (2) Question 3 What was the issue for
determination in this case? (1) Question 4 Name three reasons
why the applicant alleges that the respondent acted in
contravention of the relevant legislation, rules, and codes that
regulated her profession. (3) Question 5 5.1 Why did Mr Odgers
terminate the respondent’s mandate? (2) 5.2 List any four factors
in terms of the Code of Conduct for All Legal Practitioners,
Candidate Legal Practitioners and Juristic Entities that should be
considered to calculate a reasonable fee. (4) Question 6 6.1
Explain why an attorney must have a Fidelity Fund certificate
and practice with a trust banking account. (3) 6.2 Describe two
instances in this case where the respondent misappropriated trust
funds. (2) Question 7 7.1 What are the objectives of the sanction
imposed by the court on an errand attorney? (2) 7.2 Explain the
three-stage enquiry that the court applies to reach a decision on
the sanction. (3) 4 Question 8 List the factors that the court in
Kaplan v Incorporated Law Society, Transvaal 1981 All SA 15
(T) considered to determine whether an attorney may be re-
admitted after being struck off the role for unprofessional
conduct. (3)
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