LJU4802 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 2 JUNE 2025 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LJU4802 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 2 JUNE 2025 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1: THE LEGAL PROFESSION Read the following scenario and answer the questions that follow: Tanya and Calvin are twins living in Polokwane. Tanya has recently completed the LLB degree, whilst Calvin completed a plumbing course at a technical college in Polokwane. Tanya is now a candidate attorney at a top law firm in Polokwane and Calvin has started working as an apprentice at a plumbing business in town. 1.1 Explain whether Tanya should be regarded as a businessperson, like her brother. (5) 1.2 Tanya tells Calvin that she chose law as a career since it will provide her with prestige and wealth. Discuss this statement by Tanya with specific reference to Kronman's criticisms in this regard. (10) [15] QUESTION 2: PHILOSOPHICAL APPROACHES TO ETHICS 2.1 Consider the following statement: 2.2 "The self only makes sense in relation to the community." Identify the philosophical approach that this statement is associated with and name two of its core values. (3) Read the scenario in Question 1 again and answer the following question: After having practised for a while as a candidate attorney, Tanya tells her brother, Calvin, that she has noticed that women approach the practice of law differently from men. Critically discuss this statement by Tanya, with specific reference to the philosophical approach that she is referring to here. (7) [10] QUESTION 3: THE SOUTH AFRICAN LEGAL PROFESSION Read the following scenario and answer the questions that follow: Lindiwe is currently a final-year LLB student. She plans to practise as an attorney specialising in the field of medical malpractice. Her grandmother wants to know what the requirements are to be able to practise as an attorney. Lindiwe tells her grandmother that it is sufficient to have a thorough knowledge of the law and the relevant university qualification to be admitted as a legal practitioner. Lindiwe also tells her grandmother that whatever she does in her personal life, has no bearing on her professional life as a legal practitioner. 3.1 Indicate whether you agree with Lindiwe’s statement on the requirements to be able to practise as an attorney. Motivate your answer with specific reference to the relevant statutory provision that is currently applied by the South African courts. (5) 3.2 Discuss Lindiwe's statement on the distinction to be drawn between the professional and private life of a lawyer, with specific reference to the rationale for the regulation of the personal life of a legal practitioner and the various critical arguments regarding the appropriate form of such regulation. (5) [10] QUESTION 4: ROLE MORALITY 4.1 Consider the following statement and answer the questions that follow: "The concern of moral and legal philosophers about the way in which lawyers approach legal ethics is compounded by a slightly different but related problem known as the 'role-differentiated behaviour' of lawyers." Discuss this statement with specific reference to the following issues: 4.1.1 How the role-differentiated approach is used by morally good legal practitioners to justify their immoral conduct. (3) 4.1.2 The reasons advanced by Markovitz why a morally good legal practitioner would be uncomfortable with the role-differentiated approach. (2) 4.2 Several alternatives to the dominant adversarial approach have been suggested. Discuss the "responsible lawyer" approach, with specific reference to a legal practitioner’s responsibility not to mislead the court. (5) [10] QUESTION 5: EXAMPLES OF SITUATIONS OPEN FOR UNETHICAL CONDUCT Read the following scenario and answer the questions that follow: Sam Moyo is the owner of a large construction company. He has been charged with committing tender fraud in order to secure government contracts. To make matters worse, Sam is also in the midst of a very unpleasant divorce from his wife of twenty years. Sam makes an appointment with Advocate John Seoka for a consultation on the fraud charges that have been brought against him. During the consultation, Sam admits to Advocate Seoka that he indeed committed fraud. He also asks Advocate Seoka's advice on how to permanently erase evidence on his personal computer that will provide proof of the fraud he committed. During the same consultation, it emerges that Advocate Seoka is representing Sam's wife in the divorce matter. 5.1 Discuss the duty of confidentiality between a client and legal practitioner and indicate whether Advocate Seoka will be obliged to disclose the communications between him and Sam to the court. (10) 5.2 Indicate the condition under which Sam may directly approach Advocate Seoka, without the involvement of an attorney. (1) 5.3 Briefly explain the concept "conflict of interests" and indicate whether such a conflict exists in this scenario. (4) [15] Sub-total: [60] NOTE: You will be awarded a mark out of 5 for proper footnote referencing of sources (see paragraph 13 of the Instructions here above). Sub-total: [5] TOTAL: [65]