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PHIL 2045 : Professional Ethics

tag 0 Download 7 Pages / 1,743 Words tag 29-10-2020

Question:

1).What is a fit and proper person?                                                                                                                      

Does your ability to reform affect your fit and properness? Explain.                                                                                       

2).Why is the Legal Practitioner’s Fidelity Fund referred to as “the fund of last resort”?

3). Explain the difference between Confidentiality and Legal Professional Privilege.

4.1 What is the purpose of the wording “without prejudice”?                                         

4.2 When does “without prejudice” not confer upon it the privilege against?

disclosure?                                                                                                                                                                                                           4.3 You are busy with settlement discussions on behalf of your client and you

forget to add the wording “without prejudice”. What affect does this have on the

document?                                                                                                                                                                                                                                                                                                                                                                                                                                          5). When may a Legal Practitioner exercise his/her right of retention?

6).Consider the attached advertisement and advise if it is allowed in terms of the Rules

of the Law Society of Namibia. Reasons must be given for your answer.

7). Advise if the following statements are true or false:

7.1 All Ethical Rules are contained in the Legal Practitioners Act and Rules.

7.2. All Admitted Legal Practitioners are members of the Law Society of Namibia.

7.3. The Disciplinary Committee may remove or suspend members from the Roll of

Legal Practitioners.

7.4. Candidate legal practitioners, whom received a Right of Appearance Certificate,

shall have the right of audience in Chambers in any High Court proceedings.

7.5 The Right of Appearance Certificate, issued to Candidate Legal Practitioners,

are valid for two years from the day the candidate receives the certificate.

7.6 Interest earned on the Legal Practitioner’s Trust Account is for the benefit of the

clients.

7.7 Legal Practitioners may in some instances willfully mislead court and allow

his/her client to mislead the court.

7.8 In disciplining a candidate legal practitioner, the Law Society may withdraw the

registration of a candidate legal practitioner, either indefinitely, or for such

period as the Law Society may determine.

7.9 All Legal Practitioners may register Title Deeds, but only admitted

Conveyancers may fee his/her client.

7.10 A Legal Practitioner only requires theoretical knowledge of basic bookkeeping.

8).Answer the following questions with a yes or no, and then motivate this

answer.

Advise if the following actions / scenarios will be deemed as unethical,

unprofessional or untoward conduct:

8.1 A Legal Practitioner employs a person who has been suspended from

practicing.

8.2 A Legal Practitioner, who holds an exemption certificate, who in the conduct of

his/her practice, holds money on account for his/her client.

8.3 A Legal Practitioner forgetting to reply to an enquiry of his/her client.

8.4 A Legal Practitioner charging a debtor for the costs of the letter of demand.

8.5 A Legal Practitioner does not pay membership fees as he/she is currently not

practicing and is in fact employed at a Financial Institution.

8.6 The Client instructed the Legal Practitioner to immediately issue a warrant of

execution, however, after consideration of the facts, the Legal Practitioner

noted that the debtor does not owe any property and the Legal Practitioner

issues a Section 65 Financial Enquiry Notice.

8.7 A Legal Practitioner acts for A against B and thereafter agrees to act for B

against A in circumstances where a conflict of interest may arise and the

possibility exists that the practitioner uses information obtained from A to his

prejudice.

8.8 A Legal Practitioner, who is also a sworn translator, translates a Last Will and

Testament, submitted by his/her client, which will be used in the client’s

litigation matter.

8.9 A Legal Practitioner does not pay the Advocate when his/her invoice submitted.

8.10 A Legal Practitioner drives without a driving license.

9.1). Mr. X is a Candidate Legal Practitioner.

Mr. X is a Canadian Citizen; however, he has permanent residence in Namibia.

He obtained his LL. B. degree at Oxford University and he now wants to apply to be

admitted as a Legal Practitioner.

You are appointed by Mr. X to attend to his admission.

Kindly advise on the documents which you would attach to the application for

admission.                                                                                                                                                   

9.2) What work is reserved for an Admitted Legal Practitioner?                                                                                                                                 

10).Explain Lewis’ Golden Rule of Ethics.

11). S v Hollenbach 1971 (4) SA 636 (NC). What was this matter about and what did we

learn from it?

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