Business law

Question 1

What is a paralegal?

Answer 1

A paralegal is a person who is qualified through education, training, and work experience to perform substantive community service and legal advice that requires sound knowledge of legal concepts but is not exclusively performed by a legal practitioner.

Paralegals cannot assist people in court until they have the relevant qualifications and accreditation.

Question 2

What role do paralegals play in the South African legal process?

Answer 2

Paralegals provide access to justice, represent disadvantaged groups, and assist in legal matters, particularly in rural areas.

They offer primary legal services where traditional legal practitioners may be too expensive.

Question 3

What are the main challenges faced by poor people in the South African legal profession?

Answer 3

• Accessibility
• Complexity
• Expense
• Time-consuming processes

These challenges hinder access to legal services for disadvantaged communities.

Question 4

What is the National Community-Based Paralegal Association (NCBPA)?

Answer 4

The NCBPA was the most important organization providing support for paralegals, representing nine provincial paralegal associations in South Africa.

It has since been repealed and succeeded by NADCAO.

Question 5

What is NADCAO?

Answer 5

The National Alliance for the Development of Community Advice Offices is a non-profit organization committed to the development and sustainability of Community Advice Offices (CAOs) in South Africa.

NADCAO works with approximately 320 CAOs across all nine provinces.

Question 6

What is the purpose of Community Advice Offices (CAOs)?

Answer 6

CAOs provide free basic legal and human rights information, advice, and services to marginalized individuals and educate communities on accessing government services.

They help empower communities to handle their own legal matters.

Question 7

What are the objectives of the National Paralegal Institute (NPI)?

Answer 7

• Ensure paralegals are included in standard setting
• Register as a training institution
• Achieve formal recognition of paralegal work
• Conduct assessments of paralegal needs

The NPI aims to develop policies and improve service delivery in the paralegal sector.

Question 8

What does Section 34 of the Constitution state?

Answer 8

Everyone has the right to have disputes resolved in a fair public hearing and is equal before the law.

This section emphasizes access to justice for all individuals.

Question 9

What are the different kinds of paralegals in South Africa?

Answer 9

• Salaried employees in law firms
• Union office employees
• Community-based paralegals
• Paralegals who own their own businesses

Each type of paralegal serves different functions within their communities.

Question 10

True or False: Paralegals can represent clients in court.

Answer 10

False

Paralegals cannot assist in court until they acquire the necessary qualifications and accreditation.

Question 11

What is the current status of a formal code of conduct for paralegals in South Africa?

Answer 11

There is currently no formal code of conduct for paralegals, although the Law Society of South Africa has established a code of ethics for legal practitioners.

This gap highlights the need for regulation within the paralegal profession.

Question 12

What is the purpose of the code of ethics for legal practitioners?

Answer 12

To maintain high standards of honesty, integrity, and professionalism in legal practice.

It includes principles such as client confidentiality and the duty to uphold the Constitution.

Question 13

Fill in the blank: The paralegal movement in South Africa aims to provide _______ to disadvantaged communities.

Answer 13

access to justice

Question 14

What was the aim of the NCBPA when it was active?

Answer 14

To promote access to justice and advance human rights through the paralegal sector.

The NCBPA focused on developing uniform standards and training for paralegals.

Question 15

When was the code of ethics adopted by the LSSA Council?

Answer 15

March 2006

This code binds all practitioners and juristic entities unless exempted.

Question 16

What happens to practitioners who do not comply with the Code of Ethics?

Answer 16

They may be subjected to disciplinary proceedings.

Question 17

What is the purpose of the Draft Code of Conduct for paralegals?

Answer 17

To act as a guideline for ethical conduct and enhance professionalism.

Question 18

What does the Code of Conduct expect from paralegals?

Answer 18

To comply with ethical standards and maintain professionalism.

Question 19

What is the main aim of the legal profession?

Answer 19

To give legal advice and render legal services to the public.

Question 20

What is ‘uberrimae fides’?

Answer 20

Utmost good faith.

Question 21

List the four categories of client instruction.

Answer 21

• Acceptance of the brief/instruction
• Taking details of the brief/instruction
• Execution of the brief/instruction
• Termination of the brief/instruction

Question 22

What should paralegals do regarding client confidentiality?

Answer 22

Guard all aspects of the client’s brief with great secrecy.

Question 23

True or False: Paralegals can fabricate information to please clients.

Answer 23

False.

Question 24

What are valid reasons for withdrawing from a case?

Answer 24

• Lack of funds from client
• No instructions on a material matter
• Client lied and trust is broken
• Personal illness
• Unethical behaviour anticipated

Question 25

What must paralegals do if they lack experience in a case?

Answer 25

Refer it to a colleague with the client's consent.

Question 26

What is a conflict of interest in the context of paralegals?

Answer 26

Using client information for personal benefit.

Question 27

What should paralegals do if they receive a large gift from a client?

Answer 27

Decline it as unacceptable.

Question 28

List the duties of a paralegal towards their profession.

Answer 28

* Render legal services competently * Strive for fairness, justice, and morality * Strive for improvement of the profession * Be responsible for professional self-development

Question 29

What is expected in terms of conduct towards the other side?

Answer 29

* Honour all undertakings * Avoid personal attacks * Treat the other side with respect * Reply promptly to correspondence

Question 30

Can a paralegal contact an opponent's client without consent?

Answer 30

No.

Question 31

What should paralegals advise clients regarding court proceedings?

Answer 31

To place the whole truth before the Court and attend proceedings on time.

Question 32

What is vicarious liability in relation to paralegals?

Answer 32

The senior person at the office is liable for any wrongful actions by employees.

Question 33

What is a paralegal's duty towards the community?

Answer 33

Instil unqualified confidence in the public's mind.

Question 34

What should paralegals do when they cannot explain implications to a third party?

Answer 34

Advise the third party to consult their own legal representative.

Question 35

What does the Legal Practice Bill establish?

Answer 35

A single regulatory body for all lawyers under the South African Legal Practice Council (SALPC).

Question 36

What is the role of the National Forum on the Legal Profession?

Answer 36

To put systems and procedures in place for the full implementation of the legislation.

Question 37

What is the significance of the Legal Practice Act for paralegals?

Answer 37

It aims to give statutory recognition to paralegals.