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Exam (elaborations) TLI 4801

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TLI4801 ASIGNMENT 01 SEMESTER 01 2024


Module Code : TLI4801 Assignment 01 Semester 01 of 2024

(a) Critically discuss the purpose and objective of your interview and aim of
exchanging pleasantries with Mrs. M during Interview.
The structure of an interview with a new client: the legal practitioner wants to elicits
information which is relevant, complete and chronological, the following are the 7
processes or stages that should be complete before the interviews concluded that
are:
 Stage 1 initial meeting and exchange of pleasantries.
 Stage 2 Initial problem and goals identification
 Stage 3 Dealing with preliminary matters.
 Stage 4 Establishing the fact in chronological order.
 Stage 5 developing a preliminary theory of the case.
 Stage 6 giving preliminary advice.
 Stage 7 concluding the interview.1
Interviewing a client are based on a structure which can be varied to suit the
circumstances in each case. As every client, legal practitioner, legal service and
nature of the case is different, every interview will be unique. During the interview
its common that the goal of a client in legal interview may not the same as the goal
of the legal practitioner.


The goal is to develop case theory which is grounded in the priorities of the client
and composed of the fact of the law. The overall purpose of legal interview is
enabling the client to reach a decision as to which course of action they which to
pursue by combining the result of listening and questioning. A legal practitioner
should be able to identify what the client problem is and what potential solution are
available.
The purpose of the client interview is to obtain as much information in respect of
the situation presented by the client. It is reciprocal gathering and giving of
information to decide the best course of action for the client it is also an opportunity

1
Marnewick CG Litigation for south African Lawyers 4th edition

1

, TLI4801 ASIGNMENT 01 SEMESTER 01 2024


to establish a good professional working relationship with the client. as Mrs. M was
referral from a mutual friend it shows a good professional working with clients.


Clients are very nervous at their initial interviews due to anxiety over the case,
including the fear of the consequences. Meeting with a legal practitioner is usually
the first and their last resort to solve the cases or their issues. Exchanging
Pleasantries with a client is a first step to reduce client anxiety to help the client to
communicate, since stress can reduce a client ability to recall aspect of the case
and to remember any advice given and direction about what to do next.
Exchanging pleasantries with the client is the first impression that last long.
Exchanging Pleasantries with Mrs. M is to Acknowledge her presence as a client,
to get to know her, to get her feel comfortable and welcomed and build sort of trust.


Road Accident fund will be applicable for Mrs. M and Her 2 children for
compensation. The object of the fund is for payment of compensation for loss or
damage wrongfully caused by the driving of moto vehicles.2. The compensation
will be based after the assessment of an injury after consultation with medical
service providers and insuring that injuries are in relation to the circumstances of
the third party.3




(b) Discuss the type of summons Mrs. M will use to institute her claim or action


The combine Summons: Is used where the claim for damage constitutes an
unliquidated claim. This means that the quantum still has to be proven by the
leading of evidence, only then a court makes a finding consequently.




2
The road accident fund Act 56 of 1996 section 3
3
The road accident fund Act 56 of 1996 section 17(1A) (A)

2
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