TLI4801
EXAM PACK
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Question 1 Civil Practice
a) A person must have a good structure for an interviewing process which enables
one to elicit all relevant information from clients and witnesses.1 This gives a legal
practitioner a direction on the matter.
An interview with a client helps clarify the client9s objectives, this helps legal
practitioners to understand the intention of the client and what outcome they are
hoping for.
Explain the law and procedure to clients. A client could be a lay person who does
not understand the law and might have unrealistic expectations, a legal practitioner
should therefore thoroughly explain to a client in the most understandable way.
Advise the client on available options and this can enable a client to choose an
option that will satisfy them.
Counsel the client and take instruction on future conduct of the matter
b) Exchanging pleasantaries helps break the ice between the legal practitioner and
the potential clients.2 It helps the client to be at ease and also helps to build a safe
space for the client. It enables the two parties to get to know each other without
the relationship feeling forced.
Question 3
a) This is a civil case which involves negligence by the defendant (Mr. Dave Dean).
There may be personal injuries against the RAF for damages in favour of Mrs
Stone, Mr Stone and their two children. 3 Since there is negligence, there may be
a claim against the other driver for the damages of the car. There may be insurance
policies covering some of the expenses now being incurred by the client in respect
of the medical treatment and repairs to the car.
1 Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 4.
2 Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 5.
3
Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 6.
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b) The burden of proof rests on the plaintiff and the standard of proof is the balance
of probabilities.4
c) It is a delict which is caused by negligence by Mr Dave DeanClaim for personal
injuries and claim for damage to the car.
d) P Stone 1st Plaintiff
Stone 2nd Plaintiff
P Stone 3rd Plaintiff
(N.O Child 1)
P Stone 4th Plaintiff
(N.O Child 2)
And
Dean Dave Defendant
e)
Question 3
Doing nothing can be the right thing to do while the parties take time to reflect on the
matter but only for a limited time. A cooling off period may calm emotions from parties. It
can be an advantage to the client if he/she is the debtor or the wrongdoer to not do
anything just to see if the other party makes a claim.5 However, there are some potential
drawbacks to waiting and doing nothing. The most obvious is that the problem is unlikely
to disappear or be resolved on its own. The other possibility is that a claim will become
prescribed or time barred, a risk that legal practitioners should be aware of. So doing
nothing has it pros and cons.
Question 4
The Legal Practice Act 28 of 2014 aims to provide a legislative framework for the
transformation and restructuring of the legal profession in accordance with constitutional
imperatives, in order to facilitate and enhance an independent legal profession that
4
Kobus Van Rooyen, 8The standard of proof in civil contempt cases: notes and comments9 (2003)
<https://journals.co.za/doi/10.10520/EJC53082
5
Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 66
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broadly reflects the diversity and demographics of the Republic;6 to provide for the
establishment, powers, and functions of a single South African Legal Practice Council
and Provincial Councils in order to regulate the affairs of the legal profession; and to
provide for the establishment, powers, and functions of a single South African Legal
Practice Council and Provincial Councils.7 To establish an Office of a Legal Services
Ombud and to provide for the appointment, powers, and functions of a Legal Services
Ombud; to establish a Legal Practitioners' Fidelity Fund and a Board of Control for the
Fidelity Fund; to establish, powers, and functions of a National Forum on the Legal
Profession; and to provide for matters related thereto.8
Question 5
The advantage of advising by letter is that the client has the opportunity to read and go
through the letter as many times as possible the. It helps the client reflect on it, and even
seek additional advice before making a final decision. 9 The main disadvantage is that
there is no opportunity for the client to ask questions or for the legal practitioner to ensure
that the client understands the advice so that a mistake is not made,10 this might make it
very hard for the client to understand the advice given to him.
Question 6
Double-dating happens when a legal practitioner accepts two or more briefs for
appearances in different courts. This type of behaviour is not only unethical, a practitioner
make a false promise to one or more clients that he or she will appear for them at the
scheduled time. It is also dangerous. One can be convicted of contempt of court and face
disciplinary action from the Bar or Law Society. The client may even sue for contract
breach.11
6
Legal Practice Act, No 28 of 2014
7 Legal Practice Act, No 28 of 2014
8 Legal Practice Act, No 28 of 2014
9 Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 38
10 Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 39
11
Marnewick CG, Litigation Skills for South African Lawyers. 4 th edition, (2019) pg 300
