LEOS5122 - Legal Office Support Assignment - The Independent Institute Of Education

LEOS5122 – Legal Office Support Assignment – The Independent Institute Of Education

March 12, 2024

Assignment Task

Information and background

(i) Please work consistently on the formative parts and the Portfolio of Evidence (POE) as both the formative assessments (Parts 1 and 2) and summative assessment require independent research.

(ii) Attend lectures and complete the tasks on Learn – this will help you with your preparation of the necessary tasks.

(iii) The prescribed textbook will assist you in terms of what and how you need to draft the required documentation.

(iv) To ensure you meet all the module outcomes, the parts have been structured to cover every relevant Learning Outcome (LO) of each Learning Unit (LU). There are 7 LUs in total and the two tasks and POE cover all of them.

Questions

1. Will an attorney or an advocate take your instructions to institute the divorce proceedings?

2. What legislation governs the legal profession?

3. Assume for the purposes of this question that the reason you wish to divorce your spouse is because you have been advised that you have gender dysphoria and you intend to start the process of transitioning into the opposite gender. The legal practitioner at Smith and Associates refuses to act on your behalf for this reason. Explain, with reference to legislation, whether the legal practitioner is permitted to do this?

4. The legal practitioner explains that, before they proceed with your instruction, you will need to agree in a document on the extent of the practitioner’s mandate. What document is the legal practitioner referring to?

5. Why is this document important?

6. Summarise, with reference to Legislation, what this document must include.

7. Explain which court will have jurisdiction to hear your divorce and why

8. Explain whether your divorce is a civil or criminal matter, and why

9. Explain whether the divorce will proceed by way of action or application, and why.

10. As you are the person instituting the divorce proceedings, what will you be called?

11. After your spouse gives notice of his/her intention to defend the divorce, what is the name of pleading your spouse will file and what is its function?

12. What can your spouse do if you have instituted proceedings in a court that did not have jurisdiction?

13. The firm’s office messenger is given the original process used to institute the divorce proceedings, and two copies as well. Explain the process that must be followed with the original of this document and the two copies.

14. With reference to the above facts, explain the meaning, that is who or what the following, in terms of POPIA, are:

Data subject (2)
Electronic communication (2)
Personal information (2)
Record (2)
Responsible party (2)

15. The legal practitioner contacts you and asks you to come into the firm to discuss a settlement proposed by your spouse’s legal practitioner. When you get to the reception, however, the practitioner’s legal secretary, who has left you waiting in the reception room for 20 minutes, eventually comes to you and says, ‘go to the boardroom,’ and walks away. You are justifiably upset by this behaviour. How could the legal secretary improve her customer relations in this situation?

16. The legal secretary is asked by the legal practitioner to formally apologise for this behaviour. Assume for the purposes of this question that you are the secretary. Draft a letter to the client apologising for the conduct. The letter will be sent via email. A brief but sincere apology will suffice, the focus is more on the format of the letter.

17. After all the relevant discussions relating to the divorce proceedings, the legal practitioner asks you to place the firm ‘in cover’ before she can proceed any further with the matter. You therefore transfer R20 000 to Smith and Associates (Pty) Ltd. Who, or which department, will receipt this money?

18. Into which account must this money be receipted?

19. According to the relevant legislation, how are ‘accounting records’ defined? (NB: You will need to find the relevant legislation. Apply the skills you learnt in LELS5111 to make sense of the legalese).

20. Assume for the purposes of this question, that the following amounts have been incurred in the divorce:

An amount charged by the legal practitioner for a consultation with you, for R3 400.00.
An amount charged by the sheriff for serving certain documents, for R164.50.
Numerous photocopies were made of the pleadings in the file, amounting to R56.00.
An amount of R3 500.00 charged by an advocate who had written an opinion relating to the pension benefits in this divorce.
The amounts of R320.00 for a detailed offer of settlement drafted by the legal practitioner.

21. Explain which of the above amounts are fees and why, and which are disbursements, and why.

22. Discuss smart software solutions in the legal industry environment. Your discussion must include the advantages of, and requirements for, these solutions. Please ensure that your discussion is in academic essay format, paraphrased and properly referenced.

23. Assume for the purposes of this question, that the divorce is argued in court and the court awards ‘costs of suit’ to your spouse. Name and explain on what scale the court has awarded costs to your spouse and list the other potential costs orders that could be made by the court.

24. Assume for the purposes of this question that you have an application before the Durban High Court against your neighbour, Mr Bob Ndlovu. Your legal practitioner advises you that a confirmatory affidavit is necessary from your employer, Mr Gary Naidoo, confirming the contents of your affidavit in so far as they relate to him. Make up facts where necessary. Using the template found in the prescribed textbook on pages and retype and populate the missing parts of the affidavit.

25. The firm where you work, Radebe and Robinson Incorporated, acts for the plaintiff in this matter. Refer to the templates on page 256 to 263 of Womack. Using the following facts, retype and populate the Notice to Discover. Make up the remaining facts where necessary. The following facts are contained in the file and notes made by the legal practitioner (Nathan Radebe) dealing with this matter: An action brought by Shade Cloths (Pty) Ltd, against Bricks and Buildings CC, in the Pietermaritzburg High Court. Shade Cloths (Pty) Ltd is the party preparing the notices. Opposing legal practitioner/firm is Gumbi, Gates and Hemrajh.

26. Sadly during the divorce proceedings, your aunt passes away. You ask your legal practitioner to handle your aunt’s estate, who died leaving a valid will. Summarise the procedures and documents involved in winding up this deceased estate. The duties of the executor do not need to be discussed.

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