TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 1 2024 (790414) - DUE 18 March 2024
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Course
TLI4801 (TLI4801)
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 1 2024 (790414) - DUE 18 March 2024 100% TRUSTED workings, explanations and solutions. for assistance....1. You are a recently admitted legal practitioner practising as an advocate in terms of the Legal Practice Act, 2014. On the afternoon of 16 Janu...
Answer the following questions using proper references. Your entire assignment
answer.(questions 1 (a) – (d)) must not exceed 15 pages. Note: You may make up
your own facts to supplement the given facts without detracting from the core
issues.
1. You are a recently admitted legal practitioner practising as an advocate in terms
of the Legal Practice Act, 2014. On the afternoon of 16 January 2024, Mrs M is on her
way back home in Bryanston, Johannesburg after collecting her two children from
their first day back at school when she is involved in a motor vehicle accident where
her vehicle was hit from behind by Mr. K who had failed to stop at a red traffic light at
the corner of Winnie Mandela Drive and Sloane Street, Bryanston, resulting in the
collision. Mrs M vehicle suffered extensive damage to its electronic safety systems
to the value of R80 000,00, amongst other damages caused and she is extremely
distressed in that she does not have insurance and is unable to afford to pay for the
repair costs. Mrs. M approaches you for advice following a referral from a mutual
friend and her (Mrs. M) instructions are for you to institute legal action against Mr. K
for his negligent driving that resulted in the damages to Mrs M’s motor vehicle.
Answer the following questions.
(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Mrs M during the interview. (10)
Client interviewing is one of the most important skills required of a lawyer. An interview
is not the same as a conversation: it has a specific purpose. In an initial interview this
purpose is to identify the nature of the client's problems. A client will outline the nature
of his or her problem and the effective interviewer will probe for the salient information.
Remember, that ultimately it is the client who gives instructions! In a legal context, a
lawyer should be able to give options. Exchanging pleasantries with clients is the first
step in making a positive long-term impression. If the client is distressed, it allows them
to feel less apprehensive and more at ease. It demonstrates the lawyer's impeccable
manners as well as his or her interest in the client. The goal of exchanging pleasantries
with a client is to get to know them better, to make them feel more at ease with you, and
to make it easier for them to disclose confidential and personal subjects with you. It also
aids in the development of your credibility and instils confidence in your client.1 The
purpose of the interviews are as follows: In order gain the relevant information which
needs to be elicited, the order in which the interviews need to be conducted should be in
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