Exam (elaborations)
LJU4802 Exam Portfolio October 2024
- Course
- LJU4802 (LJU4802)
- Institution
- University Of South Africa (Unisa)
Exam of 11 pages for the course LJU4802 at Unisa (LJU4802 Exam 2024)
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QUESTION 1: THE LEGAL PROFESSIONRead the following scenario and answer the questions that follow:
After retiring as an advocate of the High Court, Sipho Mpofu has decided to leave
the city and to settle in rural KwaZulu Natal with his wife, Anna. Anna decides to
start a small business selling vegetables that she and some of the local women
grow on the farm. During the annual family Christmas lunch, Tanya, the Mpofu
couples’ granddaughter informs her grandparents that she has passed her LLB
degree and applied for a position as a candidate attorney at a big law firm in the
city. However, she is not completely sure whether a candidate attorney classifies as
a legal practitioner.
1.1. Who qualifies as a "legal practitioner"?
In terms of Section 1 of the Legal Practice Act 28 of 2014, a legal practitioner is
defined as an admitted and enrolled advocate or attorney. Therefore, to qualify as a
legal practitioner, a person must be admitted to practice and must be enrolled on
the roll of advocates or attorneys, meaning they have met all the legal requirements
set by the court.
1.2. Difference between a "legal practitioner" and a "candidate legal
practitioner"
This refers to an individual who is admitted and enrolled as either an advocate or an
attorney. Legal practitioners have completed their qualifications, practical training,
and admission process, and they are fully authorized to represent clients in legal
matters.
Candidate Legal Practitioner
, This refers to a person undergoing practical vocational training. A candidate
attorney is undergoing practical training to qualify as an attorney, and a pupil is
training to become an advocate. Candidate legal practitioners are not yet admitted
and enrolled as attorneys or advocates but are in the process of meeting the
requirements to become legal practitioners.
1.3. Values inferred from the term "legal profession"
The term legal profession suggests several important values, including:
Legal practitioners are expected to act with honesty and trustworthiness in all their
dealings.
The profession is centered around upholding the law and ensuring fairness and
justice in society.
Legal practitioners are held accountable to both the courts and the public, ensuring
they adhere to high ethical standards.
Members of the legal profession must be knowledgeable, skilled, and diligent in
their duties.
Legal practitioners must maintain the confidentiality of client information and act in
their clients' best interests while upholding the law.
Legal Practice Act 28 of 2014
1.4 Indicate how Sipho’s profession is different from the business or
trade that Anna is venturing into, by referring to any four characteristics
of a“profession”.
1. Formal Education and Training
Sipho's career as an advocate required him to complete a formal legal education
(LLB degree) followed by specialized practical training (pupillage) before being
admitted to practice by the court. This is a defining characteristic of a profession.
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