Litigation Skills for South African Lawyers 5th edition
Litigation Skills for South African Lawyers - Practice Questions
Based on the 5th edition by CG Marnewick
SECTION A: THE LITIGATION PROCESS & PRE-TRIAL PREPARATION
Questions 1-30
Question 1
During the initial client interview, a potential client provides you with a detailed
account of their matter but clearly has unrealistic expectations about the
outcome. According to the principles in Litigation Skills for South African Lawyers,
your primary ethical obligation is to:
a) Accept the instructions and do your best to achieve the client's desired
outcome
b) Provide a candid assessment of the prospects of success and manage the
client's expectations
c) Refer the client to a more optimistic attorney
d) Commence proceedings immediately to demonstrate your commitment
Answer: b) Provide a candid assessment of the prospects of success and manage
the client's expectations
,Rationale: The text emphasizes that a key part of the initial consultation is
advising clients honestly about their prospects. It is unethical to mislead clients
about their chances of success or to accept instructions without properly
informing them of risks. Managing expectations is essential to the attorney-client
relationship and professional conduct requirements.
Question 2
In advising a client on litigation alternatives, which of the following is NOT a
recognised alternative to formal court proceedings in South Africa?
a) Mediation
b) Arbitration
c) Adjudication by a private judge
d) Binding private ruling
Answer: c) Adjudication by a private judge
Rationale: South African law recognises mediation, arbitration, and binding
private rulings as alternatives to litigation. "Adjudication by a private judge" is not
a formal South African dispute resolution mechanism; private adjudication is not a
,recognised legal process in the same way as arbitration under the Arbitration Act
42 of 1965. The text covers alternatives to litigation as an important consideration
before commencing action.
Question 3
Which of the following best describes the "learn-by-doing" approach emphasised
in the 5th edition?
a) Students should only read textbooks and not engage in practical exercises
b) Practical application and mock exercises are essential to mastering litigation
skills
c) Only experienced practitioners can learn litigation skills
d) Litigation skills cannot be taught and are purely innate
Answer: b) Practical application and mock exercises are essential to mastering
litigation skills
Rationale: The textbook is grounded in a proven "learn-by-doing" approach,
emphasising that aspiring advocates and attorneys must engage in practical
exercises to achieve their professional goals. The methodology recognises that
, litigation skills are developed through active participation and practice, not
merely passive reading.
Question 4
A client instructs you to institute action but refuses to disclose certain facts that
may be detrimental to their case. You should:
a) Proceed with the action and hope the facts remain undiscovered
b) Explain that you cannot properly represent the client without full disclosure
and withdraw if necessary
c) Advise the client to lie under oath about those facts
d) Ignore the client's refusal and proceed based on assumptions
Answer: b) Explain that you cannot properly represent the client without full
disclosure and withdraw if necessary
Rationale: The text on client interviewing and advising emphasises the
importance of full disclosure. Attorneys have an ethical duty to require complete
information from clients to provide competent representation. Withdrawal may
be necessary if a client refuses to cooperate with the duty of full disclosure.
Litigation Skills for South African Lawyers - Practice Questions
Based on the 5th edition by CG Marnewick
SECTION A: THE LITIGATION PROCESS & PRE-TRIAL PREPARATION
Questions 1-30
Question 1
During the initial client interview, a potential client provides you with a detailed
account of their matter but clearly has unrealistic expectations about the
outcome. According to the principles in Litigation Skills for South African Lawyers,
your primary ethical obligation is to:
a) Accept the instructions and do your best to achieve the client's desired
outcome
b) Provide a candid assessment of the prospects of success and manage the
client's expectations
c) Refer the client to a more optimistic attorney
d) Commence proceedings immediately to demonstrate your commitment
Answer: b) Provide a candid assessment of the prospects of success and manage
the client's expectations
,Rationale: The text emphasizes that a key part of the initial consultation is
advising clients honestly about their prospects. It is unethical to mislead clients
about their chances of success or to accept instructions without properly
informing them of risks. Managing expectations is essential to the attorney-client
relationship and professional conduct requirements.
Question 2
In advising a client on litigation alternatives, which of the following is NOT a
recognised alternative to formal court proceedings in South Africa?
a) Mediation
b) Arbitration
c) Adjudication by a private judge
d) Binding private ruling
Answer: c) Adjudication by a private judge
Rationale: South African law recognises mediation, arbitration, and binding
private rulings as alternatives to litigation. "Adjudication by a private judge" is not
a formal South African dispute resolution mechanism; private adjudication is not a
,recognised legal process in the same way as arbitration under the Arbitration Act
42 of 1965. The text covers alternatives to litigation as an important consideration
before commencing action.
Question 3
Which of the following best describes the "learn-by-doing" approach emphasised
in the 5th edition?
a) Students should only read textbooks and not engage in practical exercises
b) Practical application and mock exercises are essential to mastering litigation
skills
c) Only experienced practitioners can learn litigation skills
d) Litigation skills cannot be taught and are purely innate
Answer: b) Practical application and mock exercises are essential to mastering
litigation skills
Rationale: The textbook is grounded in a proven "learn-by-doing" approach,
emphasising that aspiring advocates and attorneys must engage in practical
exercises to achieve their professional goals. The methodology recognises that
, litigation skills are developed through active participation and practice, not
merely passive reading.
Question 4
A client instructs you to institute action but refuses to disclose certain facts that
may be detrimental to their case. You should:
a) Proceed with the action and hope the facts remain undiscovered
b) Explain that you cannot properly represent the client without full disclosure
and withdraw if necessary
c) Advise the client to lie under oath about those facts
d) Ignore the client's refusal and proceed based on assumptions
Answer: b) Explain that you cannot properly represent the client without full
disclosure and withdraw if necessary
Rationale: The text on client interviewing and advising emphasises the
importance of full disclosure. Attorneys have an ethical duty to require complete
information from clients to provide competent representation. Withdrawal may
be necessary if a client refuses to cooperate with the duty of full disclosure.
