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Exam (elaborations)

TLI4801 ASSIGNMENT 1 SEMESTER 2 2024

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ACADEMIC HONESTY DECLARATION
Declaration:
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to this style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submitted it as my own.
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, TRIAL AND LITIGATION TECHNIQUES
ASSIGNMENT 1
Question 1
1
a
The way we conduct the interview will depend on the purpose of the interview. An
interview with a client seeking advice will be conducted according to certain accepted
protocols and techniques. An interview with a potential witness will be conducted
differently, with other protocols and techniques coming into play. An advocate will also
conduct an interview in a slightly different way because the client will already have
seen an attorney and will often have received some preliminary advice, even if the
advice was merely to the effect that an advocate needed to be consulted about the
matter. Whatever the exact nature or purpose of the interview, there are some basic
techniques that will be applied in any interview conducted by a lawyer. Implicit in these
techniques are well-thought-out principles which determine the structure of the
interview and the style and content of the questions. Our hypothetical client is a new
client; we have not done any work for her before. So we need to rely on a general
scheme for interviews that will serve us well, not only for this client, but for other clients
as well.
Our objectives are to
i. elicit the relevant facts
ii. clarify the client's objectives;
iii. explain the law and procedure to the client
iv. advise the client on the available options
v. counsel the client; and
vi. take instructions on the future conduct of the matter.


The purpose of exchanging pleasantries with a potential client is to open up to his or
her case by feeling relaxed by the hospitality shown by using verbal communication
through exchanging greetings. To assure the client has undivided attention by having
the full focus and concentration towards the client. To try and find a natural way to the
clients problem for example how he or she is feeling thus emotions. Acknowledging
the client presence despite her or his situation. It is an act of breaking the ‘ice’ in an
awkward first meeting for example by using non-verbal communication of the body

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