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LJU4802
Assignment 2
Semester 1
2024
(580545)- DUE
15 April 2024
Questions With Well Analyzed Answers

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[Date]
LJU4802 Assignment 2 Semester 1 2024 (580545)- DUE 15
April 2024

QUESTION 1
Which one of the following does NOT refer to legal ethics in a narrow sense?
a. ethical standards of professional conduct.
b. the relationship between law and ethics.
c. the professional conduct of legal professionals.
d. none of the above.
The correct answer is b. the relationship between law and ethics.
Here's why:
• Ethical standards of professional conduct (a): This is a core aspect of legal
ethics in a narrow sense. It defines what lawyers should and shouldn't do in
their professional lives.
• The professional conduct of legal professionals (c): This is directly related to
legal ethics, outlining expected behaviors.
• The relationship between law and ethics (b): This falls under legal ethics in a
broader sense. It explores the big-picture questions of how the law interacts
with moral principles.
While all the options touch on legal ethics, option (b) focuses on a broader concept
that encompasses legal ethics but isn't exclusive to it.
So the answer is: b. the relationship between law and ethics.

Question 2
The relationship between law and ethics. In which case did the court hold that
character screening prevented the right to freely choose one’s profession from being
abused by criminally minded legal professionals?
a. Kaplan v Incorporated Law Society, Transvaal (2) SA 762 (TPD) 1981.
b. Prokureursorde van Transvaal v Kleynhans 1995 (1) SA 839 (T).
c. Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T).
d. Roseman v General Council of the Bar South Africa 2004 (1) SA 568 (SCA). Law
Society of the Transvaal v Machaka 1998 (4) SA 413 (T).
c. Law Society of the Transvaal v Machaka 1998 (4) SA 413 (T).
This case involved the argument that character screening for legal professionals
violated the right to freely choose a profession. The court, however, rejected this
argument and held that character screening was necessary to prevent the right from

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being abused by those who might be unfit for the legal profession due to criminal
inclinations.
The other cases listed do touch on legal ethics but not specifically on the point of
character screening and the right to choose a profession.

QUESTION 3
Which of the following statements can best be associated with Virtue ethics?
a. A case can be made that women bring with them a different approach to the
practice of the law and, therefore, to ethics.
b. The only thing that is relevant in determining whether or not an action is right or
wrong is the purpose which the action is intended to achieve.
c. Universal morality has come to an end.
d. A life in the law is valuable not because of money or status but because of the
unique type of person or character it allows the lawyer to become.
The statement that best aligns with Virtue Ethics is:
d. A life in the law is valuable not because of money or status but because of the
unique type of person or character it allows the lawyer to become.
Here's why:
• Virtue ethics focuses on developing good character traits (virtues) like
honesty, courage, and compassion. These traits become ingrained dispositions
that guide one's actions.
• Statement (d) emphasizes the importance of the lawyer's character development
through the practice of law, not external rewards like money or status.
• Option (a) touches on social ethics but doesn't directly connect to developing
virtuous character.
• Option (b) reflects a form of consequentialism, where the outcome determines
the act's morality. Virtue ethics is less outcome-oriented.
• Option (c) is a broader philosophical statement and doesn't necessarily align
with the focus on character development in virtue ethics.
Therefore, statement (d) best captures the essence of Virtue Ethics in the context of
legal practice.

QUESTION 4
A life in the law is valuable not because of money or status but because of the unique
type of person or character it allows the lawyer to become. The duty of confidentiality
applies even if the client admits to having committed a crime.
a. True
b. False
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The answer is b. False.
The duty of confidentiality for lawyers is important, but it has exceptions. One
exception is the crime-fraud exception. This exception allows a lawyer to disclose
information if the client is using the lawyer's services to commit a crime or fraud, or
to cover up a crime or fraud that has already been committed.
So, if a client admits to a crime, the lawyer may not be able to keep that information
confidential, especially if it involves future criminal activity

QUESTION 5
True The principle of privileged information does not apply where the client
contemplates committing a crime.
a. True
b. False
The answer is a. True.
The principle of privileged information, also known as attorney-client privilege,
protects communications between a client and their lawyer. However, there are
exceptions to this privilege, and one of them is the crime-fraud exception.
This exception states that the privilege does not apply if the client is using the lawyer's
services to commit a crime or fraud, or to cover up a crime or fraud that has already
been committed.
So, if a client contemplates committing a crime and seeks legal advice to facilitate that
crime, the information they share with their lawyer wouldn't be protected by attorney-
client privilege.

QUESTION 6
True When lawyers expect more of themselves and their colleagues than merely
abiding by professional rules out of fear of punishment, they act in accordance with
Kant’s
a. hypothetical imperative
b. consequentialism
c. categorical imperative
d. virtue ethics
The answer is c. categorical imperative.
Here's why:
• Categorical imperative: This is a core principle in Kant's deontological ethics.
It states that we should act according to rules that we would want to be
universal laws. In the context of law, this translates to lawyers holding
themselves and others to a higher standard, not just following the rules out of
fear of getting caught.
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 • Hypothetical imperative (a): This refers to acting in a certain way to achieve
a specific goal. While lawyers may have goals for their careers, the categorical
imperative focuses on the underlying principle behind actions, not the desired
outcome.
• Consequentialism (b): This theory focuses on the consequences of actions to
determine their morality. While some consequences might be considered in
legal ethics, Kant's categorical imperative emphasizes the inherent rightness or
wrongness of actions based on universal principles.
• Virtue ethics (d): This theory emphasizes developing good character traits.
While relevant to legal ethics, it doesn't directly address the concept of lawyers
holding themselves to a higher standard as encapsulated in the categorical
imperative.
So, when lawyers go beyond the minimum requirements and strive for a higher ethical
standard, they are acting in accordance with the spirit of Kant's categorical imperative.

QUESTION 7
categorical imperative Advocates practicing without Fidelity Fund Certificates are
briefed by an attorney.
a. True
b. False
The answer is b. False.
Advocates practicing without Fidelity Fund Certificates cannot be briefed directly by
an attorney.
Here's why:
• Fidelity Fund Certificates: These certificates provide financial protection to
clients in case of misappropriation of funds by the advocate.
• Advocates without Fidelity Fund Certificates: They are not authorized to
handle client money directly.
• Role of Attorneys: Attorneys, who do have Fidelity Fund Certificates, act as
intermediaries between clients and advocates without certificates. The attorney
would receive the client's funds, handle any financial transactions, and then
brief the advocate on the case.
So, while advocates without certificates can participate in legal matters, they require
an attorney to handle the financial aspects due to the lack of a Fidelity Fund
Certificate.

QUESTION 8
Which one of the following is NOT a characteristic of the adversarial system?
a. There are two parties that face each other.
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b. The judge is an impartial referee.
c. Legal practitioners attempt to determine the true version of the facts.
d. The judge applies the law objectively to the facts.
The characteristic that is NOT part of the adversarial system is:
c. Legal practitioners attempt to determine the true version of the facts.
Here's why:
• Two opposing parties (a): This is a fundamental element of the adversarial
system. Each party presents their own arguments and evidence.
• Impartial judge (b): The judge is supposed to be neutral and unbiased,
weighing the evidence presented by both sides.
• Objective application of law (d): The judge interprets and applies the law to
the facts presented, regardless of personal beliefs.
• Determining the truth (c): While ideally the truth emerges through the
adversarial process, it's not the primary objective. The system focuses on each
side presenting their best case, not necessarily finding absolute truth.
In the adversarial system, lawyers advocate for their clients, not necessarily for the
truth. The judge then analyzes the presentations from both sides to reach a decision
based on the law and the evidence presented.

QUESTION 9
Legal practitioners attempt to determine the true version of the facts, The Legal
Practice Council
a. only regulates the affairs of admitted attorneys.
b. only regulates the affairs of admitted advocates.
c. regulates the affairs of all legal practitioners.
d. does not regulate the affairs of candidate legal practitioners. regulate the affairs of
all legal practitioners.
The answer is c. regulates the affairs of all legal practitioners.
The Legal Practice Council (LPC), as you previously learned, is responsible for
overseeing the conduct of all legal professionals in South Africa. This includes:
• Admitted attorneys
• Admitted advocates
• Candidate legal practitioners: These are individuals who are undergoing the
process of qualifying as lawyers.
The LPC plays a crucial role in ensuring that all legal practitioners adhere to
professional standards and maintain the integrity of the legal profession. Their
regulations encompass all stages of a legal career, from qualification to ongoing
practice.

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QUESTIONS 10
In Natal Law Society v Maqubela 1986 (3) SA 51 (N) the court
a. considered the political-offence exception in the Krause and Mandela cases.
b. held that the political offence committed disqualified Maqubela from practicing as
an attorney.
c. held that the inherent character of the offence was not morally reprehensible.
d. found Maqubela to be a fi t and proper person to practice law.
The answer is b. held that the political offence committed disqualified Maqubela
from practicing as an attorney.
This aligns with the outcome of the Natal Law Society v Maqubela case. Here's the
reasoning:
• Option (a) is true, the court did consider the political offense exception, but
ultimately rejected it.
• Option (c) contradicts the court's decision. The character of the offense might
have been viewed differently based on political perspectives, but the court
found it to be a disqualifying factor.
• Option (d) is the opposite of the court's ruling. Maqubela's political actions led
to his disqualification.
Therefore, based on the court's decision, option (b) is the most accurate answer.

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