ATTORNEYS PRACTICE GENERAL QUESTIONS
AND ANSWERS
QUESTION 1 (15 marks)
You act for Mr Khumalo in an action for damages arising out of a motor vehicle
collision.
One week before trial Mr Khumalo informs you that he deliberately exaggerated the
severity of his injuries when examined by the orthopaedic surgeon.
He instructs you not to disclose this fact to anyone because "the Road Accident
Fund has plenty of money."
Required
Discuss:
(a) the ethical duties resting upon the attorney;
(b) whether the attorney may continue acting;
(c) whether the attorney may permit the medical report to be used;
(d) the consequences of ignoring these duties.
MODEL ANSWER
Applicable principles
This scenario raises:
• duty to the court;
• honesty;
, • integrity;
• confidentiality;
• withdrawal from the mandate;
• fraud.
Duty to the Court
An attorney is an officer of the court.
The duty owed to the court overrides the duty owed to the client where the two
conflict.
An attorney must never knowingly mislead the court or permit false evidence to be
presented.
Medical Report
The medical report has become inaccurate because the client admits exaggeration.
The attorney cannot rely upon evidence known to be false.
The client must be advised that:
• the report must be corrected; or
• the inaccurate evidence cannot be presented.
Withdrawal
If the client insists upon deceiving the court, the attorney should withdraw from
acting.
The attorney may not assist in perpetrating a fraud.
AND ANSWERS
QUESTION 1 (15 marks)
You act for Mr Khumalo in an action for damages arising out of a motor vehicle
collision.
One week before trial Mr Khumalo informs you that he deliberately exaggerated the
severity of his injuries when examined by the orthopaedic surgeon.
He instructs you not to disclose this fact to anyone because "the Road Accident
Fund has plenty of money."
Required
Discuss:
(a) the ethical duties resting upon the attorney;
(b) whether the attorney may continue acting;
(c) whether the attorney may permit the medical report to be used;
(d) the consequences of ignoring these duties.
MODEL ANSWER
Applicable principles
This scenario raises:
• duty to the court;
• honesty;
, • integrity;
• confidentiality;
• withdrawal from the mandate;
• fraud.
Duty to the Court
An attorney is an officer of the court.
The duty owed to the court overrides the duty owed to the client where the two
conflict.
An attorney must never knowingly mislead the court or permit false evidence to be
presented.
Medical Report
The medical report has become inaccurate because the client admits exaggeration.
The attorney cannot rely upon evidence known to be false.
The client must be advised that:
• the report must be corrected; or
• the inaccurate evidence cannot be presented.
Withdrawal
If the client insists upon deceiving the court, the attorney should withdraw from
acting.
The attorney may not assist in perpetrating a fraud.
