Study unit 2: Pre-litigation phase: Advising and counselling clients

Prescribed reading:
Read chapter 2 of Marnewick (prescribed textbook).
According to Marnewick: “Advising and counselling are complementary, but
different, skills. The lawyer acts as an objective investigator during the advice
stage but takes on the role of a personal advisor during the counselling stage…
Advising and counselling are also part of litigation. Indeed, advising and
counselling continue through every stage of the litigation process…”

Chapter 2 of Marnewick addresses both advising and counselling. His advice covers
oral advice, written advice, advice by memorandum and written opinions. Read this
chapter and pay particular attention to the section dealing with advice in the form of
written opinion.

Unit Outcomes:
After completion of study unit 2, you should be able to:
 advise and counsel clients
 write letters of advice, memoranda and opinions
Activity:
a. Use Mrs Smith’s statement provided in Appendix 1 of Marnewick as your
instructions and write a letter to the client in which you explain what her
options are with regard to the policy ceded to her.
b. Write a formal opinion answering the following questions: do the proceeds of
a life insurance policy on the deceased’s life fall into the deceased estate
when the policy has been ceded? If not, what steps should Mrs Smith take in
order to receive payment of these proceeds?
Discuss your answers on myUnisa under Forum 4 (discussion 3).