LJU4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025
(733857) DUE 30th September 2025
What are the functions of a code of legal ethics?
• protect the professional nature of legal services by stressing the obligation of professionals to serve justice and the
public
• correct the imbalance in the relationship between the professional and the client
• maintain public confidence
• protect the public against improper conduct or incompetence by prescribing and guaranteeing the standards of
skill, learning and conduct required
• provide practitioners and newcomers with broad parameters for making morally responsible choices in testing
situations
• ensure fair competition between legal practitioners
• discipline unprofessional behaviour
Adversial Legal System
- aka accusatory system
- 2 parties face each other (eg state and accused)
- role of legal representative and judge are clearly separated
- judge acts as an impartial referee, who listens to both sides of the case and must see to it that the various legal
representatives adhere to the procedural rules
, What are the functions of a code of legal ethics?
• protect the professional nature of legal services by stressing the obligation of professionals to
serve justice and the public
• correct the imbalance in the relationship between the professional and the client
• maintain public confidence
• protect the public against improper conduct or incompetence by prescribing and guaranteeing
the standards of skill, learning and conduct required
• provide practitioners and newcomers with broad parameters for making morally responsible
choices in testing situations
• ensure fair competition between legal practitioners
• discipline unprofessional behaviour
Adversial Legal System
- aka accusatory system
- 2 parties face each other (eg state and accused)
- role of legal representative and judge are clearly separated
- judge acts as an impartial referee, who listens to both sides of the case and must see to it that
the various legal representatives adhere to the procedural rules
- judge must ascertain the true version of the facts and apply the law objectively to these facts
- legal practitioners focus on the client interest and do not really strive for justice
- legal practitioners act as mouth piece for clients
- judge decides if accused is guilty
- legal representative is not independent or impartial - only listens to client side
Referral rule
- Adv do not accept briefs directly from clients - must be briefed by an attorney