Legal Profession Study Unit 4 Quiz
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Questions and Answers

What is one of the main functions of a notary?

  • Witnessing signatures (correct)
  • Drafting legal complaints
  • Conducting trials
  • Serving as a judge

    • Which of the following best describes the role of office personnel in legal firms?

  • They draft legal documents independently.
  • They provide administrative support. (correct)
  • They are responsible for issuing court summons.
  • They can represent clients in court.

    • What additional qualification is often beneficial for legal advisors in commercial companies?

  • M.B.A in Finance
  • B.Com degree (correct)
  • PhD in Law
  • B.A in Sociology

    • Who appoints the presiding officers in the High Court?

    <p>The President on recommendation</p> Signup and view all the answers

    What type of work do state legal advisors typically perform?

    <p>Legal research and drafting legislation</p> Signup and view all the answers

    Which title is correctly associated with magistrates appointed in the judicial system?

    <p>Your Worship</p> Signup and view all the answers

    What is the primary role of state attorneys?

    <p>Performing legal duties for state departments</p> Signup and view all the answers

    What administrative function does the Registrar of the High Court perform?

    <p>Managing the administration of the High Court</p> Signup and view all the answers

    What is one of the aims of the Legal Practice Act 28 of 2014?

    <p>To restructure the legal profession for better access to justice.</p> Signup and view all the answers

    Which profession is primarily the first point of contact for individuals seeking legal advice?

    <p>Attorney</p> Signup and view all the answers

    Who is responsible for most High Court appearances?

    <p>Advocates</p> Signup and view all the answers

    What recent development allows attorneys to appear in higher courts?

    <p>The right of appearance granted to attorneys.</p> Signup and view all the answers

    Which of the following is NOT typically considered a traditional career in the legal system?

    <p>Paralegal</p> Signup and view all the answers

    In the context of legal advice, what role does the attorney play?

    <p>They handle consultation and initial documentation for clients.</p> Signup and view all the answers

    What aspect does Study Unit 8 cover related to the legal profession?

    <p>Ethical questions in the practice of law.</p> Signup and view all the answers

    Which of these roles is a function of an attorney?

    <p>Consulting with clients and obtaining necessary documents.</p> Signup and view all the answers

    What should attorneys and advocates focus on during arguments with opponents?

    <p>Attacking the content of the opponent's argument</p> Signup and view all the answers

    What is expected regarding the conduct of attorneys in court?

    <p>Attorneys must ensure their conduct and dress show respect for the dignity of the court</p> Signup and view all the answers

    What is one of the requirements to be admitted as an advocate?

    <p>Completion of an LL.B degree</p> Signup and view all the answers

    Which of the following is not an ethical obligation of a legal practitioner towards their client?

    <p>Fabricating information if it helps the case</p> Signup and view all the answers

    Who can practice as a conveyancer?

    <p>An attorney who passes a special conveyancing examination</p> Signup and view all the answers

    What does the fidelity fund certificate allow an advocate to do?

    <p>Take clients directly without an attorney intermediary</p> Signup and view all the answers

    What fundamental difference exists between law and ethics?

    <p>Law results in punishment while ethics involves conduct guidelines</p> Signup and view all the answers

    What action should a legal practitioner take if a client contradicts a previous statement in court?

    <p>Request the court's permission to withdraw from the case</p> Signup and view all the answers

    What is the role of a conveyancer?

    <p>To prepare documents for transferring ownership of land</p> Signup and view all the answers

    Which entity is responsible for registering title deeds in South Africa?

    <p>The Registrar of Deeds</p> Signup and view all the answers

    What is the minimum number of hours required for structured coursework for admission as an advocate?

    <p>400 hours</p> Signup and view all the answers

    What type of training must a candidate complete for a minimum of 12 months?

    <p>Practical vocational training under a practicing advocate</p> Signup and view all the answers

    Which of the following documents identifies a piece of land and its owner?

    <p>Title Deed</p> Signup and view all the answers

    What is the main purpose of pro deo legal representation?

    <p>To offer free legal representation for indigent accused in serious criminal trials</p> Signup and view all the answers

    Which statement accurately describes the Legal Aid Board?

    <p>It is a statutory body providing legal aid to indigent persons</p> Signup and view all the answers

    What distinguishes pro amico legal representation from other forms of legal aid?

    <p>It involves providing services to a friend or acquaintance for free</p> Signup and view all the answers

    What is a key characteristic of law clinics in universities?

    <p>They offer legal services while providing students with practical legal education</p> Signup and view all the answers

    Which individuals typically qualify for legal aid at law clinics?

    <p>Indigent individuals, including specific vulnerable groups</p> Signup and view all the answers

    What role do public defenders play in the legal system?

    <p>They provide free legal representation for indigent persons in criminal trials</p> Signup and view all the answers

    Who typically staff the advice bureaus?

    <p>Paralegals who have legal knowledge but no LLB</p> Signup and view all the answers

    What must occur for the state to provide legal representation at state expense?

    <p>Substantial injustice must be demonstrable</p> Signup and view all the answers

    Study Notes

    Introduction

    • The Legal Practice Act 28 of 2014 aims to restructure the legal profession and enhance access to justice.
    • Many graduates mistakenly believe that being an attorney is the only career option in law; there are various other roles within the legal system.
    • Commonly recognized professions in law include attorneys and advocates, but roles like conveyancers also play crucial roles.

    Attorney

    • Attorneys serve as general practitioners and are typically the first contact for legal advice.
    • They conduct initial client consultations and gather pertinent information.
    • Most represent clients in Magistrates' Courts, while High Court appearances are generally handled by advocates.
    • Attorneys now have the right of appearance in higher courts due to changes in the Legal Practice Act.
    • Advocates are categorized as either normal or those who hold a fidelity fund certificate, which allows direct client access.

    Admission as an Advocate

    • Requirements for admission include:
      • An LL.B degree.
      • 12 months of Practical Vocational Training under an advocate or at an approved institution.
      • Completion of at least 400 hours of structured coursework.
      • Successful bar examination.

    Conveyancer

    • Conveyancers specialize in transferring ownership and real rights in land and must pass a Special Conveyancing Examination.
    • Title deeds identify property ownership and must be registered at the Deeds Office for legal transfer.
    • Legal education continues in Property Law and Conveyancing electives.

    Notary

    • Notaries hold additional qualifications, enabling them to draft specialized documents and witness signatures for contracts.

    Office Personnel

    • Support roles like secretaries benefit from having a legal qualification to assist in legal practice.
    • Legal advisors with an LL.B degree often work in commercial sectors and may find that a B.Com degree is advantageous.

    Professions in the Public Sector

    Prosecutor

    • The Director of Public Prosecutions oversees criminal proceedings, delegating responsibilities to public prosecutors and state advocates.

    Presiding Officer

    • Judges appointed by the President are referred to as "My Lord" or "My Lady" in the High Court, and as “Justice” in the Supreme Court of Appeal and Constitutional Court.

    State Attorney

    • These attorneys handle legal matters for state departments, similar to private attorneys.
    • Engage in specialized legal work, including legislative research and drafting new laws.

    Registrar of the High Court

    • Responsible for administrative tasks in the High Court, such as filing documentation and issuing legal documents.

    Clerk of the Court

    • Performs similar functions as a Registrar in the Magistrates' Court.
    • Section 35 of the Constitution mandates legal representation at state expense to prevent substantial injustice.
    • Pro Deo: Free legal representation provided by the state in serious criminal cases for indigent defendants.
    • Pro Amico: Free legal services provided by an attorney or advocate on behalf of a friend.
    • Legal Aid Board: A statutory body offering legal aid to indigent individuals.
    • Law Clinics: University-affiliated clinics provide legal services to low-income individuals while educating law students.
    • Advice Bureau: Non-governmental organizations staffed by paralegals offering free legal advice, especially in rural regions.
    • Public Defender: State-employed attorneys providing free legal representation in criminal trials.

    Ethical Questions

    • Ethical conduct for legal practitioners is crucial in their interactions and responsibilities.

    Interaction with Colleagues

    • Attorneys and advocates must maintain respect and focus critiques on arguments, avoiding personal attacks.

    Court Etiquette

    • Legal practitioners should dress appropriately and conduct themselves with dignity in court, with potential disciplinary actions for misconduct.

    Interaction with Clients

    • Legal representatives must prioritize their clients' interests, while also truthfully assisting the court.
    • Contradictory statements by clients may lead practitioners to withdraw from the case.

    Broad Understanding

    • Law comprises enforceable rules within society, while ethics guide expected standards of behavior, reflecting individual and community morals.

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    Quiz Team

    Description

    Test your knowledge on traditional and public sector careers in the legal profession, as well as various forms of legal aid. This quiz will also cover the basics of ethics related to law, alongside key extracts from the Legal Practice Act 28 of 2014. Suitable for students studying Kleyn & Viljoen Chapter 14.

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