LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 1 2022 - UNISA

LJU4802 ASSIGNMENT 1 MEMO - SEMESTER 1 2022 - UNISA QUESTIONS: Question 1 What is the function of the Legal Practice Council (LPC)? (1) 2 Question 2 Cite the legislation that currently regulates the attorney’s profession in South Africa. (2) Question 3 What was the issue for determination in this case? (1) Question 4 Explain why the court found it necessary to refer to both the Law Society and the Legal Practice Council in its judgment. (2) Question 5 Explain why the respondent was ordered to appear before a disciplinary committee of the Legal Practice Council on 29 November 2017. (2) Question 6 6.1 What did Mr Odgers allege in this case? (1) 6.2 List any three 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. (3) Question 7 7.1 Explain why an attorney must have a fidelity fund certificate and practice with a trust banking account. (3) 7.2 Describe two instances in this case where the respondent misappropriated trust funds. (2) Question 8 List three reasons why the court is entitled to demand a very high standard of honour from attorneys in their profession. (3) Question 9 9.1 What was the sanction that the court imposed in this case? (1) 9.2 Explain the three-stage enquiry that the court applied to reach this conclusion. (3) LJU4802/1/2021 3 Question 10 Explain how the court determined whether the respondent was a fit and proper person to continue to practice as a member of the legal profession. (3) Total: 27 + 3 = [30]