ASSIGNMENT 1
SEMESTER 2 2026
UNIQUE NO.
DUE DATE: 28 AUGUST 2026
, Professional Ethics - LJU4802
Assignment 1 Semester 2 2026
Question 1
1. Determine whether the alleged misconduct has been established.
The court must first determine, on the evidence, whether the conduct complained
of actually occurred and amounts to misconduct.
2. Determine whether the attorney is a fit and proper person to practise.
If misconduct is established, the court considers the attorney’s character and
conduct as a whole to decide whether the attorney is still a fit and proper
person to practise law. The enquiry focuses on the attorney’s honesty, integrity
and reliability.
3. Determine the appropriate sanction.
If the attorney is found not to be fit and proper, the court must then decide on the
appropriate disciplinary sanction. This may include suspension from practice
or, in sufficiently serious circumstances, removal from the roll of attorneys.
The sanction must be appropriate to the nature and seriousness of the
misconduct.
Thus, the enquiry proceeds from establishing the misconduct, to determining
fitness to practise, and finally to determining the appropriate sanction.