PAST ORAL QUESTIONS (P3)
I just came from my oral (Gauteng Zoom), these were the questions they asked: What is a restraint of
trade and what are the 2 underlying issues with restraints of trade. What is a discretionary trust, Can
you share fees with counsel, How is prescription interrupted, Can a deed of surety be oral and in terms
of which law did I rely on to answer. It goes by quickly. All the best to everyone that must still go. The
first lady asked me about the question paper we wrote. All of question 1 and bits and pieces of other
questions
They asked:
1. With whom do you lodge a trust? Master of the high Court
2. What documents are used to lodge a trust? iTrust Deed, iiLetter by the trustees accepting
appointment, iiiProof payment of registration fee, ivCompleted prescribed forms, vBeneficiary
declaration form, and completed auditor form.
3. How to administer an oath? Satisfy him/herself with the identity of the deponent, ask the whether
he knows and understand the contents, has any objection, consider the oath binding to his
conscience and Cause the deponent to utter the following: I swear that the contents of this affidavit
are true and correct, so help me God''
4. Can a Candidate Attorney share fees with principal? Yes. In limited circumstances, when in a CA
introduced the client to the firm.
5. Why is touting not allowed? Bringing the profession into disrepute.
6. BR-moratorium part. Can only be suspended by the BRP or application to court
7. Clause for agent commission. Must have introduce willing and able buyer, binding agreement btwn
parties concluded and must have been the effective cause for the contract of sale.
8. Types of interdicts. To prohibit, to compel, to return property or restores possession
(restitutionary).
9. What do you understand about Wasted cost. Pray for a punitive cost order, de bonis propris.
10. Procedure for prosecutor to use bank statement at court. Either by consent or subpoena, must be
authenticated, must lead witness, must be relevant to the proceedings.
11. Which documents must be transfer after purchasing share. Share register, share certificates
assignment or conclusion of a SHA.
12. Requirement for contingency fee agreement. It must comply with the provisions of the
Contingency fee Act, not more than 25% of the award not more than double the attorneys usual
fees or which ever is lesser.
13. During the first consultation with a new client, what important things you should discuss. Clear
conflict check, ability to deliver effectively and competently, agree to terms of engagement.
,14. Can you enter into contingency agreement - in divorce proceedings, and pension fund? Also state 2
reasons. Divorcees are most valunarable and emotional
15. Business rescue
16. BR moratorium
17. When you can't enter into contingency fee agree
18. Pre emption and give an example
19. When does mandate start?
20. When does one terminate a mandate
21. Where to register a trust?
22. Wasteful costs
23. Clause for agent commission
24. Documents used to transfer shares?
25. Can you use Contingency agreement in a divorce where estate is more than 1 million and in
claiming from a pension fund?
26. I was asked a whole lot of questions in terms of the law of contracts
27. I was asked which documents must be completed to lodge a trust (documents which are found on
the Masters website)
28. I was asked to discuss the Magistrates tariffs
29. Lastly contingency fee agreements (definition, when is it applicable)
30. Can u charge a client fee on an attorney/client scale if a contingency fee agreement was entered
into but client terminates the mandate
31. I was asked like 15 or more questions. Majority of them coming from the law of contract.
32.
33. Circumstances when an attorney may refuse mandate?
34. How long does it take for tax payment to prescribes? 30 years.
35. How long does it take to notorial contract to prescribe? 6 years
36. what's a surety? Promise by one party to assume responsibility for the debt obligation of a borrower
if the borrower defaults .
37. can attorney lend money from client? If client ordinary business is lending money and it is on same
terms and conditions as any other client.
38. Purpose of FICA, what 3 primary* of FICA? Prevent money laundering, terrorist financing and
identify clients increased transparency
, 39. I don't remember the FICA question. Impose duties in accountable institutions, costumer due
diligence measures, risk based approach, risk management and compliance.
40. What is a restraint of trade and what are the 2 underlying issues with restraints of trade. To protect
the goodwill of the business being sold, where a seller agrees not to be manager owner, employee,
of a business of similar nature to the one being sold within a prescribed area and a set time period.
41. Can you share fees with counsel?
42. How is prescription interrupted? Conclusion of AoD and judicial interruption Instituting and
service of Legal process on the debtor wherein creditor claims payment of the debt.
43. Can a deed of surety be oral and in terms of which law did I rely on to answer?
44. Section 197. LRA Transfer of business to the nee employer – contrcts of employment are included
same terms as under the previous owner.
45. Section 34 – Insolvency Act – Sale of Business notice to creditor – published in the government
gazette and two Afrikaans two English newspapers circulation in that area
46. Commissioner of oaths. Attorney s ex-offcio
47. Partnership and company why is company beneficial. Low cost easy to establish and admin. 2 to 20
partners. Partners carry the full risk of the business liabilities upon failure.
48. Cite a partnership who would you sue.
49. What is an acceleration clause in an AOD. The entire debt becomes payable upon occurrence of
certain event.
50. Types of companies.
51. If trust money is stolen where can the client recover the monies from if attorney leaves? Fidelity
Fund
52. What the court needs to know about your client when applying for bail (S60(11) if I remember
correctly, any previous convictions or pending matters),
53. With whom do you lodge a trust?
54.
55. What documents are used to lodge a trust?
56. What is a discretionary trust?
57. How to administer an oath?
58. Can a Candidate Attorney share fees with principal?
59. Why is touting not allowed?
60. BR-moratorium part.
61. Clause for agent commission.
62. Types of interdict.
