Academic Year 2026–2027 UNISA Assignment: TLI4801
Techniques in Trial and Litigation Fully Solved Assignment with
Verified Answers | Court Procedures, Litigation Practice, Trial
Preparation, Legal Advocacy, Civil Procedure and Evidence
Handling
Question 1: Which of the following best describes a trial lawyer's primary duty
when representing a client in South African courts?
A. To secure an acquittal or favourable judgment at all costs
B. To advance the client's case while maintaining fidelity to the court and the
administration of justice
C. To prioritise the lawyer's professional reputation above the client's interests
D. To negotiate settlements regardless of the client's instructions
CORRECT ANSWER: B. To advance the client's case while maintaining fidelity to the
court and the administration of justice
Rationale: A trial lawyer in South Africa owes a dual duty: zealous representation of the
client coupled with an overriding duty to the court and the administration of justice. This
ethical framework, rooted in the Legal Practice Act and common law, prohibits
misleading the court, even if doing so might benefit the client. Options A, C, and D
misstate the lawyer's ethical obligations by either ignoring the duty to the court or
subordinating the client's lawful instructions.
Question 2: In which circumstance may an advocate ethically refuse a brief in a
criminal matter?
A. When the advocate personally disagrees with the accused's version of events
B. When the advocate believes the accused is guilty based on media reports
C. When accepting the brief would create a conflict of interest with an existing client
D. When the advocate considers the charges to be trivial or unworthy of defence
CORRECT ANSWER: C. When accepting the brief would create a conflict of interest
with an existing client
Rationale: An advocate may refuse a brief where a conflict of interest exists, as this
compromises the duty of undivided loyalty to each client. Personal disagreement with a
client's version (A), belief in guilt based on extrajudicial sources (B), or subjective
assessment of charge seriousness (D) are not ethically valid grounds for refusal, as
every accused person has a constitutional right to legal representation.
Question 3: What is the correct procedure when a trial lawyer discovers that their
client intends to testify falsely?
A. Withdraw from the case immediately without explanation to the court
B. Allow the client to testify but refrain from asking questions that elicit the false
evidence
C. Advise the client of the consequences of perjury and, if the client persists, apply to
,withdraw as attorney of record
D. Present the false testimony but disclose its falsity to the court in closing argument
CORRECT ANSWER: C. Advise the client of the consequences of perjury and, if the
client persists, apply to withdraw as attorney of record
Rationale: South African ethical rules prohibit lawyers from knowingly presenting false
evidence. The lawyer must first counsel the client against perjury. If the client insists,
the lawyer must seek to withdraw to avoid complicity in fraud on the court. Option B
risks implied endorsement of false evidence; A and D violate duties of candour and
proper withdrawal procedure.
Question 4: Which statement accurately reflects the duty of a trial lawyer towards
opposing counsel?
A. To exploit procedural technicalities to delay or frustrate the opponent's case
B. To maintain professional courtesy and refrain from personal attacks while vigorously
advancing the client's position
C. To share confidential client information if it might facilitate settlement
D. To avoid all communication with opposing counsel unless ordered by the court
CORRECT ANSWER: B. To maintain professional courtesy and refrain from personal
attacks while vigorously advancing the client's position
Rationale: Professional ethics require lawyers to treat opposing counsel with courtesy
and respect, avoiding ad hominem attacks, while still advocating zealously for their
client. Option A describes unethical obstructionism; C breaches confidentiality; D is
impractical and contrary to the duty to explore settlement where appropriate.
Question 5: When may a trial lawyer properly disclose confidential client
information without consent?
A. When disclosure would likely result in a more favourable outcome for the client
B. When the information reveals the client's intention to commit a future crime or fraud
C. When the opposing party requests the information during discovery
D. When the lawyer believes the information is already publicly known
CORRECT ANSWER: B. When the information reveals the client's intention to
commit a future crime or fraud
Rationale: The duty of confidentiality is not absolute. South African law permits (and in
some cases requires) disclosure to prevent imminent harm, such as a future crime or
fraud. Disclosure for tactical advantage (A), in response to discovery requests without
consent (C), or based on the lawyer's assessment of public knowledge (D) violates the
confidentiality obligation.
Question 6: What is the primary purpose of a legal memorandum prepared during
trial preparation?
,A. To serve as a verbatim script for the lawyer's courtroom arguments
B. To provide a structured analysis of legal issues, authorities, and strategic options for
the legal team
C. To replace the need for oral submissions in court
D. To document billing hours for the client
CORRECT ANSWER: B. To provide a structured analysis of legal issues, authorities,
and strategic options for the legal team
Rationale: A legal memorandum is an internal working document that organises
research, analyses applicable law, evaluates strengths/weaknesses, and outlines
strategy. It is not a courtroom script (A), does not replace oral advocacy (C), and is
unrelated to billing (D). Its value lies in enhancing preparation and team coordination.
Question 7: Which characteristic is LEAST essential for an effective trial lawyer?
A. Mastery of substantive law and procedure
B. Ability to think strategically under pressure
C. Preference for working in isolation without client consultation
D. Skill in communicating complex concepts clearly to diverse audiences
CORRECT ANSWER: C. Preference for working in isolation without client
consultation
Rationale: Effective trial lawyering requires continuous client consultation to obtain
instructions, clarify objectives, and maintain trust. Working in isolation undermines the
attorney-client relationship and risks misalignment with client goals. Options A, B, and
D describe critical competencies for trial advocacy.
Question 8: In the context of recusal, when should a trial lawyer consider advising a
judicial officer to recuse themselves?
A. Whenever the lawyer disagrees with a procedural ruling
B. When there is a reasonable apprehension of bias based on objective facts
C. When the judicial officer has previously ruled against the lawyer in unrelated matters
D. When the client expresses dissatisfaction with the judicial officer's demeanour
CORRECT ANSWER: B. When there is a reasonable apprehension of bias based on
objective facts
Rationale: Recusal applications must be grounded in objective facts that would lead a
reasonable person to apprehend bias, per South African constitutional jurisprudence.
Mere disagreement with rulings (A), prior adverse rulings (C), or client dissatisfaction (D)
do not meet this threshold and risk frivolous applications that may prejudice the client's
case.
Question 9: What is the correct approach when a trial lawyer discovers adverse
legal authority directly on point?
, A. Ignore the authority if the opponent is unlikely to cite it
B. Distinguish the authority on tenuous factual grounds without acknowledging its
relevance
C. Disclose the authority to the court and argue why it should not control the outcome
D. Withdraw from the case to avoid addressing the unfavourable precedent
CORRECT ANSWER: C. Disclose the authority to the court and argue why it should
not control the outcome
Rationale: Lawyers have a duty of candour to the court, which includes disclosing
directly adverse legal authority not disclosed by opposing counsel. Ethical advocacy
permits distinguishing or critiquing the authority, but concealment (A, B) or withdrawal
(D) violates professional obligations and may constitute fraud on the court.
Question 10: Which action constitutes contempt of court by a trial lawyer?
A. Making a vigorous but respectful argument against a judicial ruling
B. Publishing a fair and accurate report of court proceedings
C. Willfully disobeying a lawful court order or disrupting proceedings
D. Requesting an adjournment for legitimate preparation needs
CORRECT ANSWER: C. Willfully disobeying a lawful court order or disrupting
proceedings
Rationale: Contempt of court involves intentional conduct that undermines judicial
authority or obstructs administration of justice, such as disobeying orders or disruptive
behaviour. Respectful advocacy (A), fair reporting (B), and proper adjournment requests
(D) are protected exercises of legal rights and do not constitute contempt.
Question 11: When consulting a client about plea options in a criminal matter, what
is the lawyer's primary ethical obligation?
A. To persuade the client to accept the prosecution's plea offer to expedite resolution
B. To provide candid advice on legal risks and benefits while respecting the client's
ultimate decision
C. To defer entirely to the prosecutor's recommendation as the most objective
assessment
D. To prioritise the lawyer's assessment of public interest over the client's instructions
CORRECT ANSWER: B. To provide candid advice on legal risks and benefits while
respecting the client's ultimate decision
Rationale: The lawyer must provide competent, candid advice to enable informed
decision-making, but the choice to plead guilty or proceed to trial rests with the client.
Options A, C, and D improperly subordinate the client's autonomy to external pressures
or the lawyer's personal views.
Question 12: What is the proper role of a trial lawyer when examining a witness who
is also the lawyer's close relative?
Techniques in Trial and Litigation Fully Solved Assignment with
Verified Answers | Court Procedures, Litigation Practice, Trial
Preparation, Legal Advocacy, Civil Procedure and Evidence
Handling
Question 1: Which of the following best describes a trial lawyer's primary duty
when representing a client in South African courts?
A. To secure an acquittal or favourable judgment at all costs
B. To advance the client's case while maintaining fidelity to the court and the
administration of justice
C. To prioritise the lawyer's professional reputation above the client's interests
D. To negotiate settlements regardless of the client's instructions
CORRECT ANSWER: B. To advance the client's case while maintaining fidelity to the
court and the administration of justice
Rationale: A trial lawyer in South Africa owes a dual duty: zealous representation of the
client coupled with an overriding duty to the court and the administration of justice. This
ethical framework, rooted in the Legal Practice Act and common law, prohibits
misleading the court, even if doing so might benefit the client. Options A, C, and D
misstate the lawyer's ethical obligations by either ignoring the duty to the court or
subordinating the client's lawful instructions.
Question 2: In which circumstance may an advocate ethically refuse a brief in a
criminal matter?
A. When the advocate personally disagrees with the accused's version of events
B. When the advocate believes the accused is guilty based on media reports
C. When accepting the brief would create a conflict of interest with an existing client
D. When the advocate considers the charges to be trivial or unworthy of defence
CORRECT ANSWER: C. When accepting the brief would create a conflict of interest
with an existing client
Rationale: An advocate may refuse a brief where a conflict of interest exists, as this
compromises the duty of undivided loyalty to each client. Personal disagreement with a
client's version (A), belief in guilt based on extrajudicial sources (B), or subjective
assessment of charge seriousness (D) are not ethically valid grounds for refusal, as
every accused person has a constitutional right to legal representation.
Question 3: What is the correct procedure when a trial lawyer discovers that their
client intends to testify falsely?
A. Withdraw from the case immediately without explanation to the court
B. Allow the client to testify but refrain from asking questions that elicit the false
evidence
C. Advise the client of the consequences of perjury and, if the client persists, apply to
,withdraw as attorney of record
D. Present the false testimony but disclose its falsity to the court in closing argument
CORRECT ANSWER: C. Advise the client of the consequences of perjury and, if the
client persists, apply to withdraw as attorney of record
Rationale: South African ethical rules prohibit lawyers from knowingly presenting false
evidence. The lawyer must first counsel the client against perjury. If the client insists,
the lawyer must seek to withdraw to avoid complicity in fraud on the court. Option B
risks implied endorsement of false evidence; A and D violate duties of candour and
proper withdrawal procedure.
Question 4: Which statement accurately reflects the duty of a trial lawyer towards
opposing counsel?
A. To exploit procedural technicalities to delay or frustrate the opponent's case
B. To maintain professional courtesy and refrain from personal attacks while vigorously
advancing the client's position
C. To share confidential client information if it might facilitate settlement
D. To avoid all communication with opposing counsel unless ordered by the court
CORRECT ANSWER: B. To maintain professional courtesy and refrain from personal
attacks while vigorously advancing the client's position
Rationale: Professional ethics require lawyers to treat opposing counsel with courtesy
and respect, avoiding ad hominem attacks, while still advocating zealously for their
client. Option A describes unethical obstructionism; C breaches confidentiality; D is
impractical and contrary to the duty to explore settlement where appropriate.
Question 5: When may a trial lawyer properly disclose confidential client
information without consent?
A. When disclosure would likely result in a more favourable outcome for the client
B. When the information reveals the client's intention to commit a future crime or fraud
C. When the opposing party requests the information during discovery
D. When the lawyer believes the information is already publicly known
CORRECT ANSWER: B. When the information reveals the client's intention to
commit a future crime or fraud
Rationale: The duty of confidentiality is not absolute. South African law permits (and in
some cases requires) disclosure to prevent imminent harm, such as a future crime or
fraud. Disclosure for tactical advantage (A), in response to discovery requests without
consent (C), or based on the lawyer's assessment of public knowledge (D) violates the
confidentiality obligation.
Question 6: What is the primary purpose of a legal memorandum prepared during
trial preparation?
,A. To serve as a verbatim script for the lawyer's courtroom arguments
B. To provide a structured analysis of legal issues, authorities, and strategic options for
the legal team
C. To replace the need for oral submissions in court
D. To document billing hours for the client
CORRECT ANSWER: B. To provide a structured analysis of legal issues, authorities,
and strategic options for the legal team
Rationale: A legal memorandum is an internal working document that organises
research, analyses applicable law, evaluates strengths/weaknesses, and outlines
strategy. It is not a courtroom script (A), does not replace oral advocacy (C), and is
unrelated to billing (D). Its value lies in enhancing preparation and team coordination.
Question 7: Which characteristic is LEAST essential for an effective trial lawyer?
A. Mastery of substantive law and procedure
B. Ability to think strategically under pressure
C. Preference for working in isolation without client consultation
D. Skill in communicating complex concepts clearly to diverse audiences
CORRECT ANSWER: C. Preference for working in isolation without client
consultation
Rationale: Effective trial lawyering requires continuous client consultation to obtain
instructions, clarify objectives, and maintain trust. Working in isolation undermines the
attorney-client relationship and risks misalignment with client goals. Options A, B, and
D describe critical competencies for trial advocacy.
Question 8: In the context of recusal, when should a trial lawyer consider advising a
judicial officer to recuse themselves?
A. Whenever the lawyer disagrees with a procedural ruling
B. When there is a reasonable apprehension of bias based on objective facts
C. When the judicial officer has previously ruled against the lawyer in unrelated matters
D. When the client expresses dissatisfaction with the judicial officer's demeanour
CORRECT ANSWER: B. When there is a reasonable apprehension of bias based on
objective facts
Rationale: Recusal applications must be grounded in objective facts that would lead a
reasonable person to apprehend bias, per South African constitutional jurisprudence.
Mere disagreement with rulings (A), prior adverse rulings (C), or client dissatisfaction (D)
do not meet this threshold and risk frivolous applications that may prejudice the client's
case.
Question 9: What is the correct approach when a trial lawyer discovers adverse
legal authority directly on point?
, A. Ignore the authority if the opponent is unlikely to cite it
B. Distinguish the authority on tenuous factual grounds without acknowledging its
relevance
C. Disclose the authority to the court and argue why it should not control the outcome
D. Withdraw from the case to avoid addressing the unfavourable precedent
CORRECT ANSWER: C. Disclose the authority to the court and argue why it should
not control the outcome
Rationale: Lawyers have a duty of candour to the court, which includes disclosing
directly adverse legal authority not disclosed by opposing counsel. Ethical advocacy
permits distinguishing or critiquing the authority, but concealment (A, B) or withdrawal
(D) violates professional obligations and may constitute fraud on the court.
Question 10: Which action constitutes contempt of court by a trial lawyer?
A. Making a vigorous but respectful argument against a judicial ruling
B. Publishing a fair and accurate report of court proceedings
C. Willfully disobeying a lawful court order or disrupting proceedings
D. Requesting an adjournment for legitimate preparation needs
CORRECT ANSWER: C. Willfully disobeying a lawful court order or disrupting
proceedings
Rationale: Contempt of court involves intentional conduct that undermines judicial
authority or obstructs administration of justice, such as disobeying orders or disruptive
behaviour. Respectful advocacy (A), fair reporting (B), and proper adjournment requests
(D) are protected exercises of legal rights and do not constitute contempt.
Question 11: When consulting a client about plea options in a criminal matter, what
is the lawyer's primary ethical obligation?
A. To persuade the client to accept the prosecution's plea offer to expedite resolution
B. To provide candid advice on legal risks and benefits while respecting the client's
ultimate decision
C. To defer entirely to the prosecutor's recommendation as the most objective
assessment
D. To prioritise the lawyer's assessment of public interest over the client's instructions
CORRECT ANSWER: B. To provide candid advice on legal risks and benefits while
respecting the client's ultimate decision
Rationale: The lawyer must provide competent, candid advice to enable informed
decision-making, but the choice to plead guilty or proceed to trial rests with the client.
Options A, C, and D improperly subordinate the client's autonomy to external pressures
or the lawyer's personal views.
Question 12: What is the proper role of a trial lawyer when examining a witness who
is also the lawyer's close relative?
