LJU4804 ASSIGNMENT 1 ANSWERS OF SEMESTER 2 OF 2024
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Question 1
The legislation that currently regulates the attorney's profession in South Africa is the
Legal Practice Act 28 of 2014 (LPA). This Act provides the legal framework for the
regulation of the legal profession, including the establishment of the Legal Practice
Council, which is tasked with overseeing the conduct and discipline of legal
practitioners.
Question 2
2.1 The applicant in this case is the Law Society/Council.
2.2 The Law Society/Council, now known as the Legal Practice Council, was
established under the LPA to regulate the legal profession and ensure adherence to
professional ethics and standards. The primary objectives of the Legal Practice
Council include maintaining and enhancing the integrity and status of the legal
profession, and promoting the interests of the public in relation to the rendering of
legal services (LPA, section 5).
Question 3
The issue for determination in this case was whether the respondent's name should
be struck off the roll of attorneys due to findings of dishonest conduct in the
misappropriation of trust funds. This is a common ground for the removal of an
attorney's name from the roll, as established in the case of Law Society of the Cape
of Good Hope v Liston 1986 (4) SA 362 (A).
Question 4
The three reasons why the applicant alleges that the respondent acted in
contravention of the relevant legislation, rules, and codes that regulated her
profession are:
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Question 1
The legislation that currently regulates the attorney's profession in South Africa is the
Legal Practice Act 28 of 2014 (LPA). This Act provides the legal framework for the
regulation of the legal profession, including the establishment of the Legal Practice
Council, which is tasked with overseeing the conduct and discipline of legal
practitioners.
Question 2
2.1 The applicant in this case is the Law Society/Council.
2.2 The Law Society/Council, now known as the Legal Practice Council, was
established under the LPA to regulate the legal profession and ensure adherence to
professional ethics and standards. The primary objectives of the Legal Practice
Council include maintaining and enhancing the integrity and status of the legal
profession, and promoting the interests of the public in relation to the rendering of
legal services (LPA, section 5).
Question 3
The issue for determination in this case was whether the respondent's name should
be struck off the roll of attorneys due to findings of dishonest conduct in the
misappropriation of trust funds. This is a common ground for the removal of an
attorney's name from the roll, as established in the case of Law Society of the Cape
of Good Hope v Liston 1986 (4) SA 362 (A).
Question 4
The three reasons why the applicant alleges that the respondent acted in
contravention of the relevant legislation, rules, and codes that regulated her
profession are:
