LJU4802 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 3 JUNE 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LJU4802 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 3 JUNE 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1: THE LEGAL PROFESSION 1.1 Read the following scenario and answer the questions that follow: Sandra and Mary are twins from Soshanguve, Pretoria. They have recently graduated from the University of Ariyeng. Sandra completed the LLB degree, while Mary completed a Business Management degree. Sandra is now practicing as a candidate attorney at a top law firm in Pretoria, while Mary has just opened a clothing shop. One evening, Sandra tells her twin sister that she (Sandra), as a candidate attorney, is suspicious of professional codes that regulate her profession. (a) Explain the meaning of the term “profession” and describe how a legal practitioner should carry out his/her duties in terms of the meaning of a “profession”. (4) (b) In view of the above scenario, explain how Sandra’s profession, is different from a business or trade, which Mary has ventured into, by referring to any three characteristics of a “profession”. (3) (c) In view of Sandra’s statement that she is “suspicious of professional codes”, name and discuss the two types of concerns that Sandra may have with professional codes and indicate whether these concerns are valid or not. (8) 1.2 Explain what a professional code is and list any three general aims of a code of legal ethics. (5) 1.3 Consider the following statement and answer the question that follows: “Objectivity is closely related to good judgment and also to honesty”. Discuss “objectivity” as a core value of a “good lawyer”. (5) [25] 8 QUESTION 2: PHILOSOPHICAL APPROACHES TO ETHICS 2.1 Name and briefly describe the philosophical approach that the South African legal system is currently based on. (5) 2.2 Distinguish between Aristotle's virtue ethics and Bentham's utilitarianism theory of ethics as philosophical bases for assessing ethical conduct. Your discussion should also include the challenges or difficulties attendant to each of these approaches. (15) [20] QUESTION 3: THE SOUTH AFRICAN LEGAL PROFESSION 3.1 Consider the following statement and indicate whether it is true or false. Motivate your answer with specific reference to the relevant statutory provision that is currently applied by the South African courts. (3) “It is sufficient to have a thorough knowledge of the law and the relevant legal qualifications in order to be admitted as a legal practitioner”. 3.2 Discuss whether the “fit and proper” standard and the principle of character screening is constitutionally valid, with specific reference to Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T) and Rosemann v General Council of the Bar of South Africa 2004 (1) SA 568 (SCA). (8) 3.3 Discuss the Prince case and indicate whether an offence based on deep- seated religious beliefs reflects adversely on the good character of a legal practitioner. Refer specifically to the following issues in your answer: (a) The arguments by Prince. (2) 9 (b) The decisions of the High Court, Supreme Court of Appeal and the Constitutional Court respectively, in deciding whether Prince was unfit for the legal profession. Also refer to the application of the character test and/or duty test by the courts. (8) 3.4 Explain the notion "civil disobedience" and name two instances where this may be justified for a legal practitioner. (4) [25] QUESTION 4: ROLE MORALITY 4.1 Explain the characteristics of an adversarial (accusatory) system, with specific reference to the following issues: (a) The nature of the adversarial system. (2) (b) The distinct roles of a judge and a legal representative in an adversarial system. (5) 4.2 Discuss African communitarian lawyering as an alternative to the dominant adversarial approach. (8) [15] QUESTION 5: EXAMPLES OF SITUATIONS OPEN FOR UNETHICAL CONDUCT 5.1 Read the following scenario and answer the question that follows: Thabo Mpaka is a well-known criminal attorney. He is currently representing John Dube, a shebeen owner who has been arrested for the murder of one of his business rivals. During one of their consultations, John informs Thabo that he (John) had bribed a police officer to steal the murder weapon and the police docket that contains the evidence against him. Explain the principle of “privileged information” and motivate whether the above conversation would be protected by this principle. (5) 10 5.2 Discuss the concept “contingency fee agreement” , with specific reference to the following issues: (a) The definition of a "contingency fee agreement" . (4) (b) The nature of the agreement between the attorney and the client in terms of the Contingency Fees Act 66 of 1997. (4) (c) The distinction between a "no win, no fee" agreement and a "success fee agreement" respectively, as explained in Masango and Another v Road Accident Fund and Others 2016 (6) SA 508 (GJ) (31 August 2016). (2) [15] TOTAL: [100]