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TLI4801
TECHNIQUES IN TRIAL AND LITIGATION
ASSIGNMENT 1 MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 790414
DUE DATE: - 18 MARCH 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
1. You are a recently admitted legal practitioner practising as an advocate in terms of the Legal Practice
Act, 2014. On the afternoon of 16 January 2024, Mrs M is on her way back home in Bryanston, Johannesburg
after collecting her two children from their first day back at school when she is involved in a motor vehicle
accident where her vehicle was hit from behind by Mr. K who had failed to stop at a red traffic light at the
corner of Winnie Mandela Drive and Sloane Street, Bryanston, resulting in the collision. Mrs M vehicle
suffered extensive damage to its electronic safety systems to the value of R80 000,00, amongst other
damages caused and she is extremely distressed in that she does not have insurance and is unable to
afford to pay for the repair costs. Mrs. M approaches you for advice following a referral from a mutual friend
and her (Mrs. M) instructions are for you to institute legal action against Mr. K for his negligent driving that
resulted in the damages to Mrs M’s motor vehicle. Answer the following questions.
QUESTIONS CONTINUE…
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Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a) – (d)) must not exceed 15 pages.
Note: You may make up your own facts to supplement the given facts without
detracting from the core issues.
1. You are a recently admitted legal practitioner practising as an advocate in terms
of the Legal Practice Act, 2014. On the afternoon of 16 January 2024, Mrs M is on
her way back home in Bryanston, Johannesburg after collecting her two children
from their first day back at school when she is involved in a motor vehicle accident
where her vehicle was hit from behind by Mr. K who had failed to stop at a red
traffic light at the corner of Winnie Mandela Drive and Sloane Street, Bryanston,
resulting in the collision. Mrs M vehicle suffered extensive damage to its electronic
safety systems to the value of R80 000,00, amongst other damages caused and she
is extremely distressed in that she does not have insurance and is unable to afford
to pay for the repair costs. Mrs. M approaches you for advice following a referral
from a mutual friend and her (Mrs. M) instructions are for you to institute legal
action against Mr. K for his negligent driving that resulted in the damages to Mrs
M’s motor vehicle. Answer the following questions.
(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Mrs M during the interview. (10)
(b) Discuss the type of summons Mrs M will use to institute her claim or action. (4)
, (c) Discuss the term “facta probanda” and draft that section of the pleading
(referred to in (b) above) that sets out Mrs M’s “facta probanda” only. (10)
(d) Explain the different categories of legal practitioners in practice and indicate as
part of your answer, the rules of the profession in terms of the Legal Practice Act,
2014 that you will be required to comply with before you can be able to assist Mrs.
M directly without an attorney (6)
Total for Assignment 01: [30]
a)
The way we conduct the interview will depend on the purpose of the interview. An
interview with a client seeking advice will be conducted according to certain accepted
protocols and techniques. There are some basic techniques that will be applied in any
interview conducted by a lawyer. Implicit in these techniques are well-thought-out
principles which determine the structure of the interview and the style and content of the
questions. Our hypothetical client is a new client; we have not done any work for her
before.1
So, we need to rely on a general scheme for interviews that will serve us well, not only
for this client, but for other clients as well. Our objectives are to elicit the relevant facts;
clarify the client's objectives; explain the law and procedure to the client; advise the client
on the available options; counsel the client; and take instructions on the future conduct of
the matter.2
1
CG Marnewick Litigation Skills for South African Lawyers, 3rd edition, (2012 LexisNexis) page 7
2
CG Marnewick Litigation Skills for South African Lawyers, 3rd edition, (2012 LexisNexis) page 7
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