Summary
Summary Chapter 3
- Course
- Law of civil procedure
- Institution
- University Of Johannesburg (UJ)
Detailed summary of chapter 3 from the fundamental principles of civil procedure textbook
[Show more]
Content preview
CHAPTER 3Consultation Process
GENERAL:
A person will only consult with an attorney when the
matter becomes a litigious matter (ie: when it
becomes necessary to litigate)
Considerations an attorney must bear in mind when
deciding whether or not to represent the prospective
litigant:
∙ Whether he/she may act on behalf of the client?
(No conflicts of interest etc...)
∙ Whether to proceed by action or application
procedures?
∙ Whether to appoint an advocate to the matter?
(Only upon consent of client)
∙ Cost implications of the proceedings
∙ Whether he/she has the necessary knowledge
and/or expertise to deal with the matter
FIRST CONSULTATION:
Attorney must:
∙ Prepare
∙ Take proper instructions
∙ Take notes
∙ Make administrative arrangements
∙ Follow a structured 4-stage process
Stage 1:
∙ Introduction / meet and greet stage
, Stage 2:
∙ Listen to client’s matter
Stage 3:
∙ Questioning stage
∙ Checklist to be followed:
- Facts?
- Cause of action?
- Locus standi?
- Jurisdiction?
- Dates – prescription
Stage 4:
∙ Advise client
∙ Give them a basic outline of their case, what they
can expect etc..
∙ Tell client that you will conduct research
∙ Give an estimation of costs to client
General guidelines:
∙ Never overstate merits of the case
∙ Be honest to client about merits of case
∙ Rather under-promise and over-deliver
ADMINISTRATIVE ARRANGEMENTS:
Administrative arrangements DURING first consult
process:
∙ First step:
- Open a client file
- Names of parties should be clearly indicated on
outside of file
- Should include all the necessary and relevant
information of the client as well as of the
opposing party
, - Columns should be drawn up on the outside
and inside of the file so that a chronological
record of pleadings/notices received/served as
well as telephone calls etc may be kept
∙ Discuss and agree on fees – sometimes receive
and invoice client for a deposit
Administrative arrangements AFTER first
consultation:
∙ Attorney should address a letter to the client in
which his mandate is clearly confirmed:
- Mandate = what attorney is suppoed to do
- Contains T&C’s, fee arrangements, instructions
and strategies etc...
∙ Manage file properly:
- Proper practice management
- File notes
- Take instructions until settlement of matter by
court order OR termination of matter by client
FICA:
∙ Due to FICA these arrangements must comply
with the ‘Know your Client’ requirement
∙ Obligations of FICA:
- Verify client’s identity (ID/address etc)
- Keep a record of all transactions with client
- Report suspicious transactions
GENERAL ISSUES:
When may attorney withdraw as attorney of record
in the matter:
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller shaly. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R80,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now