A critical analysis of legal practitioners pursuing “Hopeless Cases” in the South African legal system.
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Date
2024
Authors
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Journal ISSN
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Publisher
University of the Western Cape
Abstract
This research paper investigates the conduct of legal practitioners who appear in matters (act on or defend) in which there are no reasonable prospects of success (hopeless cases). The study focuses on the potential legal and ethical implications for legal practitioners who choose to pursue such cases.
Employing a qualitative research approach, this study will conduct an extensive literature review, which includes a critical analysis of the Constitution of the Republic of South Africa, 1996, relevant books, statutory provisions, journal articles, reports from South African legal commissions, case law, chapters, and the foreign legal framework.
The findings of this study serve as an informative resource, providing insights that enable legal practitioners to make informed choices during the case selection process. This investigation also contributes to the ongoing debate regarding the Labour Court’s condemnation of legal practitioners for bringing hopeless cases before it.
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Keywords
Abuse of legal process, Administration of justice, Ethical and professional standards, Incompetence, Legal profession Code of Conduct
Citation
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