Professional work ethics Flashcards
(22 cards)
the firm employs an experienced bookkeeper who recommends a new computer system of which you have no knowledge. What are your responsibilities ?
he must research and satisfy himself that he understands the system and that it complies with the rules and regulations of the Legal Practice Act
From who may an advocate except a brief ?
only from an attorney.
exceptions are:
justice centers;
attorneys from other countries;
state attorneys; and
the attorneys general.
in which form must advocate briefs be given ?
in writing or via email.
only on urgency may an oral brief be excepted.
where should consultation with counsel take place?
in the chambers of the counsel.
may counsel appear in court without the presence of the instructing attorney or candidate attorney?
no, only in special circumstances.
will it be in order to agree with counsel in advance on a fee for the latter’s appearance in court?
it is both in order and advisable
to whom shall counsel send their invoice for payment of their fees?
to the instructing attorney.
what are the requirements to be admitted as an attorney ?
1) must be a South African citizen.
2) be a fit an proper person.
3) have an LLB degree.
4) has complied with the requirements set out in the regulations.
5) completed their PVT contract (articles).
6) attended and finished law school.
7) finished all the admission examinations.
Name five duties and obligations of an attorney according to Lewis.
1) be honest and fair;
2) be true and faithful to the state.
3) apply and uphold the law.
4) deliver the best service to your client.
5) uphold the integrity and dignity of the legal profession.
6) not to overcharge clients.
7) be courteous to clients and deponents.
define:
fit and proper to be an attorney
a person who displays the characteristics of honesty, integrity and reliability.
what is an attorney’s lien ?
it is the right of an attorney to retain certain documents in his possession until he has been properly compensated for the work done.
what documents are subject to an attorney’s lien ?
1) all documents prepared in terms of the mandate signed by their client.
2) copies of letters written by the attorney or on behalf of his client.
3) documents of the client which the attorney read and perused when conducting his work.
what documents are NOT subject to an attorney’s lien ?
1) replies by third parties to letter written by an attorney or documents sent by third parties.
2) documents received by client that does not form part of the mandate.
3) when the account has been settled the documents must be handed over to the client.
when can an attorney administer an oath or affirmation in which they have a personal interest ?
1) for purposes of registration of a transaction in the deeds office.
2) required to be submitted to the minister of justice.
3) taken by a commissioner of oaths who is not an attorney and whose only interest therein arises out of his employment and in the course of his duty.
what words must be uttered when administering an “oath” ?
” i swear that the contents of this declaration are true, so help me god”.
what word must be uttered when administering an “affirmation” ?
” i truly confirm that the contents of this declaration are true”.
how should a Commissioner of Oaths administer the oath to a deponent making an affidavit before him/her ?
1) the commissioner must satisfy himself with the identity of the deponent.
2) the deponent must either swear to or affirm the affidavit.
3) he must ask the deponent:
if he understands the content of the affidavit;
if he has an objection to taking an oath;
whether he considers the oath binding on his conscience.
4) the deponent must say the oath or affirmation.
5) the deponent must the sign the affidavit in front of the commissioner.
6) the commissioner must then sign below the deponent and include the date, the place, his full names and his designation.
What is conflict of interest ?
anything which is likely to affect you judgment adversely in advising or representing your client.
describe how contingency fee agreements work.
“no win, no fees.”
attorney is permitted an increased fee if the matter is successful.
they can charge a higher normal fee, but no more than 100% the normal rate.
or no more than 25% of the monies earned due to the litigation.
May an attorney consult with his own client in a civil case whilst the client is being cross examined?
No, because an attorney can assist his client on how to answer his questions or rectify evidence already given.
may an attorney defend an accused person who admits that he is guilty of an offense charged ?
yes, an attorney may defend a person who he knows is guilty. the onus is on the state to prove guilt. the attorney may not give evidence that he knows is untrue or mislead the court.
