Ethics

Question 1

what’s the public perception of lawyers?

Answer 1

they are:
Ø Greedy
Ø Unethical
Ø Dishonest

Question 2

what are the values of claims of theft within the different legal field?
(How much was claimed to have been stolen within the different legal fields)?

Answer 2

v Conveyancing = R312 million
v Road Accident Fund = R92 million
v Estates = R47 million
v Commercial = R46 million

Question 3

Role of the Legal Practioners Fidelity Fund in the case of unethical behavior

Answer 3

v Section 55
Ø The Fund is liable to reimburse persons who suffer pecuniary loss:
§ As a result of theft of any money or other property
given in trust to a trust account practice
§ In the course of the practice of the attorney or an
advocate

Question 4

2 demands of morals

Answer 4

v Determine the right course of action (The Right Thing to Do)
v Do the right thin

Question 5

What are the consequences of not being moral?

Answer 5

v You will become unethical by cutting corners or by stretching the truth (white lies).
v The little things are what will cause you to become unethical:
Ø Adding 15 minutes to a time sheet
Ø A white lie to extend a deadline

Question 6

Describe how unethical behavior can impact the separation between your professional and personal life

Answer 6

After a few years, you will not even notice that you are lying, cheating and stealing every day that you practice law.

Your entire frame of reference will change. Instead of reflecting the notions of right and wrong according to which you conduct your personal life, your decisions will reflect the set of values by which you conduct your professional life – a set of values that embodies, not what is right or wrong, but what is profitable, what you can get away with

Question 7

Case study illustrating impact of dishonest behaviour

Answer 7

You take R20 000-00 from your trust account on Friday
afternoon. You spend the weekend gambling at Sun City and you
win R50 000-00. On Monday morning you deposit R20 000-00
back into your trust account. Is this dishonest?

Answer:
1) Yes.
2) Regardless of the fact that you make a profit, you were not entitled to use the money in that manner.
3) Dishonest conduct/wrongful conduct is not dependent on the outcome but on the kind of action taken.
4) You essentially stole the money, therefore, it is dishonest and wrongful

Question 8

What’s the purpose of professional ethics?

Answer 8

Professional Ethics serves a dual function in providing for:
v Assisting the client; and
v Promote Justice in Society

Question 9

Regulators of professional ethics?

Answer 9

1) It concerns rules of conduct
2) Principles of professional ethics
3) Norms by which to judge a fit and proper person

Question 10

List the rules of professional conduct

Answer 10

v The Rules of Conduct includes:
Ø Legal Practice Act No 28 of 2014
Ø Regulations
Ø Rules of the LPC
Ø Code of Conduct
Ø Court decisions
Ø Common law
Ø SA Textbooks
Ø Foreign influences
Ø Public interest

Question 11

List the 6 requirements that determine what a profession is

Answer 11

Ø An intellectual basis
Ø A private practice
Ø An advisory function
Ø A tradition of service
Ø Representative body
Ø A code of conduct

Question 12

How do you determine a fit and proper person?
NB!

Answer 12

The profession of an attorney is an honourable profession and as such demands that lawyers act:
v With complete honesty
v Reliability
v Integrity from its members

Question 13

Fit and proper persons test

Answer 13

Personal qualities such as:
Ø Integrity
Ø Objectivity
Ø Dignity
Ø Power of judgment
Ø Knowledge and Technical Skill
Ø Capacity for hard work
Ø Respect for the legal order
Ø A sense of equity or fairness

Question 14

Fit and proper person beyond the qualities set by the test

Answer 14

Ø Uphold the law

§ Prince v President, Cape Law Society

The person wanted to join the
bar but in his culture, consumption of marijuana
was a practice. The court ruled that weed should
be decriminalised but that the Bar as a private
institution could require its members not to
smoke weed.

Ø Do not assist your client to break the law

Ø Dishonesty is not required

Ø Personal life
§ Law Society v Kelynhans

Question 15

Case study applying the fit and proper test.

Answer 15

v Remember that the focus is honour.
v Examples:

Ø Attorney X is found guilty on a fraud charge?
§ Definitely not fit and proper. It speaks directly to his career as a lawyer.

Ø Attorney X is found guilty on an assault charge?
§ May still be fit and proper.
§ It does not speak directly to whether he is an
honourable lawyer.
§ In specific circumstances (was drunk when assaulting the person) then it may still result in him being deemed unfit and improper

Question 16

Lewis’ Golden Rule

Answer 16

A practioner must avoid all conduct which, if known, could
damage his reputation as an honourable lawyer and honourable citizen.

Question 17

Johannesburg Society of Advocates v Edeling
(supporting Lewis’ Golden Rule)

Answer 17

Ø Facts:
* Advocate - re-admission and re-enrolment –
determine whether applicant a fit and proper person to be admitted as an advocate - applicant was struck off the roll for serious dishonesty -
needing to show genuine, complete and permanent reformation.
Ø Held:
§ Mr. Edeling was not readmitted because he
consistently downplayed the seriousness of his
misconduct and did not appear to have shown a
genuine, complete and permanent reformation.