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SCHOOL OF LAW

PROFESSIONAL TRAINING 1

(LAWP3PTH1)

COURSE OUTLINE 2024 Semester 1

COURSE COORDINATOR:

Mr. L Mofokeng

COURSE PRESENTER:

Mr. H. Oosthuizen

PURPOSE AND INTENDED OUTCOMES

The course is intended to provide students with a preliminary insight into the practical abilities
required of a lawyer. The focus is on the skills required for the initial years of practice, with the
exclusion of pleadings and court advocacy which are dealt with in PT2 and civil procedure. These
abilities are broadly divided into written skills (drafting letters and contracts) and oral skills
(consultation and interviewing techniques). In addition, the course also covers critical issues
surrounding professional values and ethics.

The intended learning outcomes are:

• a general understanding of the structure and requirements of the legal profession;
• an understanding of the statutory developments regarding the transformation of the
legal profession;
• knowledge of the basic rules of courtesy and ethics in the legal sphere;
• the ability to communicate the necessity for ethical behavior and professionalism;
• the ability to conduct witness/client interviews and consultations;
• the ability to draft a legal correspondence, with knowledge of some legal
considerations affecting legal such correspondence;
• knowledge of the considerations and laws affecting the drafting of contracts; and
• the ability to draft a range of basic legal contracts.
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LECTURES & PRACTICAL/DRAFTING EXERCISES

The course is taught mainly through lectures. You are expected to read and prepare for each lecture.
Where necessary, lecture materials will be uploaded on the learning platform prior the scheduled
lecture each week.

Drafting exercises will be conducted both during regular class lectures, as well as an assessed
drafting exercise conducted under test conditions.

While it is not expected that the quality of drafting will be of the standard produced by qualified
lawyers, the drafts shall be marked on the basis that they fulfil the requirements for the function
they perform, and contain no major errors. Students are expected to understand the documents
that they are required to draft and produce drafts which reflect their own efforts, rather than place
reliance on precedents. Slavish copying of precedents is unacceptable.

ASSESSMENT AND PERFORMANCE REQUIREMENTS

(a) General

This module is assessed on a continuous assessment basis. There will be NO EXAMINATION

scheduled during the official University examination session.

There are THREE compulsory assessments for this module. They are as follows:

First Assessment: Online Assessment

• Scope: Week 1 to Week 5
• Total Marks: 25
• Format: Online MCQ Quiz
• Date: 20 March 2024
• Time: 17h00

Second Assessment: Online Practical Assessment - Legal Writing

• Scope: Week 6 to Week 8
• Total Marks: 25
• Format: Dafting of documents
• Date: 17 April 2024
• Time: 17h00

Third Assessment: Online Assessment

• Scope: Week 1 to Week 12
• Total Marks: 50
• Format: Combination of MCQ and short answer questions
• Date: 4 May 2024
• Time: 09h00

Aegrotat Assessment (for third assessment only)

• Scope: Same as the main assessment
• Total Marks: 50
• Format: Online assessment
• Date: 18 May 2024
• Time: 11h00
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(b) Aegrotat Assessments

The School of Law is aware and sensitive to the fact that sometimes, for reasons beyond your
control, you may not be able to participate in a scheduled assessment. The aegrotat application
process is designed to assist in this regard. An aegrotat assessment is made available for students
who, for circumstances beyond their control, such as illness, bereavement, or work commitments
(part-time students only), cannot participate in a scheduled test.

Please note that a student who misses the third assessment for legitimate reasons beyond
is/her control, has only one opportunity to write the aegrotat assessment on the date decided
by the Academic Leader (Teaching and Learning). The scope of the aegrotat assessments
will include all work covered in the main test.

This application form for an aegrotat must be accompanied by acceptable documentary proof
of the validity of the reason furnished for missing the main assessment.

The application must be uploaded onto Learn2024. There will be a link/folder clearly marked
“AEGROTAT SUBMISSIONS” in which you are to upload your application. There will be a
deadline for the submission of the application (7 days from the date of the main assessment).
Once the deadline date and time have expired, the system will cease to accept any further
applications. You are responsible for ensuring that you submit your application timeously,
that it has been correctly completed and that all necessary supporting documents have been
attached. Incomplete and/or late applications will not be considered.

To assist students in understanding what “supporting documents” are required, please take
careful note of the following when applying for an aegrotat:
• In the event of an illness: Medical Certificate and/or affidavit (Affidavit can be done at
the Police station/ commissioner of oaths etc.)
• In the event of a death of a family member: Certified copy of death certificate and/or
affidavit.
• In the event of your laptop stolen (online assessment only): Police report with CAS
number and/or affidavit.
• In event of your laptop being damaged/repaired (online assessment only): Receipt as
proof of payment for repairs and/or affidavit.

If your aegrotat application is granted, you will be notified of the nature, date and time of the
aegrotat/make-up assessment. Please note that the format and content of the aegrotat
assessment may not necessarily be the same as one that the student missed. Students who
are granted an aegrotat assessment will not be excused from writing it on the grounds that
they are required to undertake/submit more than one assessment on the same day or
successive days. A student who, for any reason whatsoever (including reasons beyond
his/her control) fails to undertake and/or complete the aegrotat assessment at the scheduled
time or fails to submit the online assessment on time, shall not be entitled to another
aegrotat or a special test, or any further assessment in lieu thereof. It is in your interest to
complete assessments as scheduled. The online assessments and the duration allocated for
the online assessments have been designed to accommodate any delays that may be caused
by load shedding or other unforeseeable causes. Students are expected to complete these
online assessments within 12 hours after they have been released, but a few days allowance
to submit their work online is provided for solely to accommodate issues such as data related
issues, load shedding issues, network issues, etc. For this reason, no extensions will be
granted if you fail to submit your online assessment on time. It is your responsibility to
complete these assessments as soon as they are released – to avoid disappointment.
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A student who believes that his/her aegrotat application has been unfairly refused has a right
of appeal to the School’s Academic Leader: Teaching and Learning, whose decision on the
matter is then final.

(c) Due performance requirements

While there are no DP requirements per se there are attendance and performance requirements
such as drafting exercises in class. Attendance at lectures is compulsory.

COMMUNICATION & CONSULTATION WITH LECTURERS

(a) Course Announcements

All course announcements will be made during lectures and/or via Learn2024. It is your
responsibility to check the notice board on Learn2024 and your email regularly for any
announcements.

(b) Individual Consultation with Lecturer

Last semester, students found it useful to have individual meetings with the Lecturer on zoom.
I will be available for these sessions if requested by any student. Office consultation times are
as follows: Thursdays: 09h35 – 13h05.

(c) Contact details: Please see the contact details of the lecturers and the module administrator
on the last page of this module outline.

PRESCRIBED BOOKS AND READINGS

1. Marnewick, Litigation Skills for South African Lawyers, 2012, LexisNexis
2. Hussain SC, Practical Drafting Skills, 2019, LexisNexis
3. Legal Practice Act 28 of 2014
4. All cases discussed or referred to during lectures
5. All materials uploaded on the PT1 Learn2024 page

Note to students: both of the textbooks are available on the LexisNexis electronic database which
is available to all registered students in the Law School (on campus and via remote access).

RECOMMENDED BOOKS

1. Kok et al Skills Workbook for Law Students, Juta 2nd ed

2. De Klerk et al Clinical Law in SA LexisNexis 2nd ed 2006.
3. J Alexander Client Care Blackstone Press 1993.
4. IM Hoffman Handy Hints on Legal Practice Butterworths 1997.
5. Morris Technique in Litigation Juta 2010.
6. Hutchison et al The Law of Contract in South Africa 3rd ed Oxford 2017.

LECTURE TIMES

Thursday 17h15-18h00
Thursday 18h00-18h45
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TOPICS TO BE COVERED

Part A: Dealing with Clients & Professional Relationships

WEEK 1: General Introduction

• Introduction to Professional Training module.

• Becoming a legal practitioner: ‘Golden’ Rules, Regulations and Processes.
• How to think like lawyers.

WEEK 2-3: Clients and witnesses

• Taking instructions and interviewing techniques.
• Interviewing own client and witnesses.
• Practical Exercises.

Readings:
Marnewick, Litigation Skills for South African Lawyers (relevant sections).

WEEK 4-5: Legal opinions, communication and professional relationships, including

relationships with Counsel
• Advising and Counselling Clients.
• Drafting of Opinions and Memoranda.
• Briefing Counsel.
• Practical Exercises.

Readings:
Marnewick, Litigation Skills for South African Lawyers (relevant sections).

Part B: Legal Writing & Correspondence

WEEK 6: Principles of legal writing; letters and legal correspondence

• General principles, purpose, format and principles of legal writing.
• Letters of demand; mora, limitation of proceedings legislation etc.
• Practical Exercises.

Readings:
Hussain SC, Practical Drafting Skills (1 – 40);
Marnewick, Litigation Skills for South African Lawyers (67 – 76); Kok et al
Skills Workbook for Law Students (53 – 71).

WEEK 7: Considerations affecting legal correspondence

• Acts of insolvency.
• Domicilium citandi et executandi.
• Notices.
• ‘Full and final settlement.’
• Without prejudice communications.
• File maintenance and telephone communications.
• Practical Exercises.
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Readings:
Marnewick, Litigation Skills for South African Lawyers (67 – 76); De Klerk
et al Clinical Law in SA (73 – 82).

Part C: The Legal Profession & Professional Ethics

WEEK 8: The Legal Profession and Practice

• Structure of the legal profession: Legal Practitioners, Candidate Legal Practitioners

and Juristic Entities.
• Courtesy and professional relationships.
• Issues such as locus standi, legal capacity, prescription, and settlement.

WEEK 9: Professional Legal Ethics

• Conflicts of interest.
• Confidentiality.
• Professional conduct and discipline.
• Practical exercises.

Readings:
Legal Practice Act, 2014 available on the Dept of Justice & Correctional Services
website http://www.justice.gov.za/legislation/acts/2014-028.pdf Hoffman (3-180).
Alexander (39-83). De
Klerk et al (7-70). Morris
(4-38).

WEEK 10: Professional Legal Ethics (Continues)

• Code of conduct for all legal practitioners, candidate legal Practitioners and
juristic entities

Readings:
Legal Practice Act, 2014 available on the Dept of Justice & Correctional Services
website http://www.justice.gov.za/legislation/acts/2014-028.pdf

Part D: Drafting of Contracts (Some Considerations)

WEEK 11: Drafting of Contracts

• Written contracts; formalities, instructions, practicalities, legality,

disguised transactions, conditions, requirements of the fiscus etc.
• Drafting; style and structure.
• Commonly used clauses; essentialia, default clauses, enforcement,
specific performance, cancellation, damages.
• General clauses.
• Exercises

Readings:
Hutchison et al The Law of Contract in South Africa (407 – 430).
Examples on Moodle to be uploaded during semester.
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WEEK 12: Drafting Specific Contracts

• Examples of contracts to be uploaded on Learn 2023
• Exercises.

Readings:
Hutchison et al The Law of Contract in South Africa (407 – 430).
Examples on Learn2023 to be uploaded during the semester.

CONSULTATION REQUESTS & CONTACT DETAILS

Please consult the relevant lecturer via e-mail to make an appointment.

Mr Lesala Mofokeng (Module Coordinator)

Dean’s Suite, Howard College Building
Consultation Time: Thursdays: 09h35 – 13h05
E-mail: [email protected]

Mr Herman Oosthuizen (Part-Time Students Only)

Email: [email protected]

Mr Nkosikhona Zulu (Module Administrator)

Suite I, Howard College Building
E-mail: [email protected]

LL Mofokeng
February 2024