LJU4802 ASSIGNMENT 01 2024 ASSIGNMENT 01

LJU4802 ASSIGNMENT 01 2024 ASSIGNMENT 01 QUESTIONS Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (2) Question 2 2.1 Name the applicant in this case. (1) 2.2 Why was the applicant established? (2) Question 3 What was the issue for determination in this case? (1) Question 4 Name three reasons why the applicant alleges that the respondent acted in contravention of the relevant legislation, rules, and codes that regulated her profession. (3) Question 5 5.1 Why did Mr Odgers terminate the respondent’s mandate? (2) 5.2 List any four factors in terms of the Code of Conduct for All Legal Practitioners, Candidate Legal Practitioners and Juristic Entities that should be considered to calculate a reasonable fee. (4) Question 6 6.1 Explain why an attorney must have a Fidelity Fund certificate and practice with a trust banking account. (3) 6.2 Describe two instances in this case where the respondent misappropriated trust funds. (2) Question 7 7.1 What are the objectives of the sanction imposed by the court on an errand attorney? (2) 7.2 Explain the three-stage enquiry that the court applies to reach a decision on the sanction. (3) Question 8 List the factors that the court in Kaplan v Incorporated Law Society, Transvaal 1981 All SA 15 (T)considered to determine whether an attorney may be re-admitted after being struck off the role for unprofessional conduct. (3 QUESTIONS Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (2) Question 2 2.1 Name the applicant in this case. (1) 2.2 Why was the applicant established? (2) Question 3 What was the issue for determination in this case? (1) Question 4 Name three reasons why the applicant alleges that the respondent acted in contravention of the relevant legislation, rules, and codes that regulated her profession. (3) Question 5 5.1 Why did Mr Odgers terminate the respondent’s mandate? (2) 5.2 List any four factors in terms of the Code of Conduct for All Legal Practitioners, Candidate Legal Practitioners and Juristic Entities that should be considered to calculate a reasonable fee. (4) Question 6 6.1 Explain why an attorney must have a Fidelity Fund certificate and practice with a trust banking account. (3) 6.2 Describe two instances in this case where the respondent misappropriated trust funds. (2) Question 7 7.1 What are the objectives of the sanction imposed by the court on an errand attorney? (2) 7.2 Explain the three-stage enquiry that the court applies to reach a decision on the sanction. (3) Question 8 List the factors that the court in Kaplan v Incorporated Law Society, Transvaal 1981 All SA 15 (T)considered to determine whether an attorney may be re-admitted after being struck off the role for unprofessional conduct. (3 QUESTIONS Question 1 Cite the legislation that currently regulates the attorney’s profession in South Africa. (2) Question 2 2.1 Name the applicant in this case. (1) 2.2 Why was the applicant established? (2) Question 3 What was the issue for determination in this case? (1) Question 4 Name three reasons why the applicant alleges that the respondent acted in contravention of the relevant legislation, rules, and codes that regulated her profession. (3) Question 5 5.1 Why did Mr Odgers terminate the respondent’s mandate? (2) 5.2 List any four factors in terms of the Code of Conduct for All Legal Practitioners, Candidate Legal Practitioners and Juristic Entities that should be considered to calculate a reasonable fee. (4) Question 6 6.1 Explain why an attorney must have a Fidelity Fund certificate and practice with a trust banking account. (3) 6.2 Describe two instances in this case where the respondent misappropriated trust funds. (2) Question 7 7.1 What are the objectives of the sanction imposed by the court on an errand attorney? (2) 7.2 Explain the three-stage enquiry that the court applies to reach a decision on the sanction. (3) Question 8 List the factors that the court in Kaplan v Incorporated Law Society, Transvaal 1981 All SA 15 (T)considered to determine whether an attorney may be re-admitted after being struck off the role for unprofessional conduct. (3)