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Exam (elaborations)

BWE1501 Assignment 1 Due 5 September 2024 (Detailed solution)

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The Question Question1 What are the three main careers in the legal profession? (3) Question 2 Which Act regulates the attorney’s and advocate’s profession? (1) Question 3 Explain the main characteristics of a paralegal. (6) Question 4 Indicate whether the following statement is TRUE or FALSE (only write down the answer) Community service has always been in practice since time immemorial in South Africa. It is not something new in the legal profession. ( 1) Question 5 Provide the main differences between Law firm paralegals and Community-based paralegals. (4) Question 6 As a paralegal working in a law firm, you decide to take instructions from clients without the direct supervision of the attorney and also representing people in court. Your conduct as a paralegal is considered unethical behavior. Would you be struck off for your unethical conduct? Explain the reasons. (4) Question 7 What does conflict of interest mean? (1)

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BWE1501

Assignment 1

Semester 2 2024

DUE 5 September 2024

, Question 1:
The three main careers in the legal profession are:


Attorney (Lawyer): Attorneys provide legal advice, represent clients in court, draft
legal documents, and negotiate settlements. They are licensed professionals who
have completed law school, passed the bar exam, and adhere to legal and ethical
standards in their practice.


Advocate (Barrister): Advocates specialize in representing clients in higher courts.
They often receive cases through referrals from attorneys and are skilled in
courtroom advocacy, legal argumentation, and providing specialist legal opinions.


Paralegal: Paralegals assist attorneys and advocates by conducting legal research,
organizing documents, preparing drafts of legal documents, and managing case
files. While they perform many substantive legal tasks, they are not licensed to
practice law or represent clients independently in court.


Question 2:
The Legal Practice Act 28 of 2014 regulates the attorney's and advocate’s profession
in South Africa. This Act governs the conduct, registration, and regulation of legal
practitioners, ensuring the legal profession operates within established standards
and ethical guidelines.


Question 3:
The main characteristics of a paralegal include:


Support Role: Paralegals provide essential support to attorneys an d advocates,
assisting in tasks such as legal research, document preparation, and case
management.


Non-Qualified Legal Practice: Paralegals are not qualified to practice law
independently. They perform their duties under the supervision of licensed attorn eys.


Knowledgeable in Law: Paralegals possess a good understanding of legal
principles, procedures, and documentation, often gained through formal education or
on-the-job training.

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