‘radeon of Leg! Excnence LAW DEVEVELOPMENT CENTRE DEPARTMENT OF POST GRADUATE LEGAL STUDIES AND LEGAL AID POST GRADUATE BAR COURSE AY 2023/2024 COURSEWORK TEST PROFESSIONAL CONDUCT AND ETHICS Date: Thursday 21" December, 2023 Time: 9:00 am — 11:00 am GENERAL INSTRUCTIONS: . Answer ANY TWO questions, ALL questions carry equal marks, « ; . The examination shall be markéd out of 100 marks (50 marks for each question). This will be converted to a mark out of 30 — contributing 30% to the subject final mark. . This Is a closed book examination. . You SHOULD NOT USE NOR HAVE IN YOUR POSSESSION within the examination room or its vicinity, any publication, photocopies and typescripts of lecture notes or similar material; or typescripts of “model answers", worked out examples or answers to previous years’ examinations, case summaries or their photocopies respectively or any reference materials of any kind. . You SHOULD NOT CONSULT OR EXCHANGE WRITTEN NOTES with any other person within the examination room or its vicinity. . Clarity of expression, definitions and appropriate use of relevant referencesicitations attracts extra marks. All required court documents or similar material must be written in the answer booklet . Do not use red or green ink at all to undertine authorities or for any other purpose. . Do not use any of your names in the preparation of documents found necessary in answering the questions or for any purpose in the examination. Create fictitious/made up names for this purpose. 10.You should not use nor have in your possession during the examination or within the vicinity of the examination room, any mobile phone, smart watch, computer or other electronic device for storing or retrieving information or accessing the Internet, 11.Do not write your name anywhere on the answer booklet. Only use the Index lumber provided. Writing your name in exam booklet is an examination malpractice. 12.Your answers should be clear, concise and written in a legible handwriting. pa ao oo onQUESTION 4 (50 Marks): ONANA and MAGWAYA are partners in TEAM VIEWER Legal Chambers. ONANA did represent a one BISSAKA in a legal suit for recovery of Ug. Shs, 50,000,000/= for the supply of an assortment of sports equipment to BIHOGO. SPORTS CENTRE (BSC). Upon delivery of the requisite consignment, efforts to demand for payment were fruitless, hence the said suit. Later on, for fear of the impending wrath of the execution process, the Directors of BSC, hurriedly and successfully mobilized and effected full payment of the decretal sum and all attendant costs/awards by bank transfer in favour of TEAM VIEWER Legal Chambers. One month after, BISSAKA is yet to receive his dues. (a) BISSAKA has now approached you for advice and help as to enable him fully recover whatever is due to him. Nevertheless, he confides in you that he has had a bitter experience with “the court system” and would not wish to go back there. (b) Would the course of action be any different if ONANA was operating a sole Proprietorship or “a one man chambers” whereupon he has about 20 clients whose cases / matters are on-going and he faces a possible sanction of being suspended from legal practice? QUESTION 2 (50 Marks): BRIGHT SALIBA has recently completed his Bar Course studies (AY 2021/2022) at LDC and he awaits the release of results. He is currently working at ODOKOMIT & Co. Advocates where he spent his clerkship period, SALIBA got in touch with a one SAKA a local contractor based in BARAPWO, Lira whose services had been unlawfully terminated by BARAPWO. TECHNICAL INSTITUTE before completion of the classroom block which he had been Contracted to construct. He is seeking special damages amounting to Ug. Shs. 40.000.000/= in outstanding balance on account of “a bounced cheque” issued in that regard by BARAPWO TECHNICAL INSTITUTE. SALIBA hurriedly prepared the requisite pleadings and filed them with the Grade 1 Magistrate's Court of Lira. To his dismay, PO was successfully raised at the hearing thereof citing among others, the fact that other than the plaint, the pleadings were too plain/bare and did not disclose a cause of action. SAKA is grossly disappointed and has sought your explanation as to (i) what went wrong and (i) what you can do to help him out of his current legal challenges. 2UESTION 3 (50 Marks): KYAKWERA is an enterprising business lady operating several business ventures under the name and style of KYAMUGORANI INVESTMENTS Co. Ltd. Last month as she was attending a kuhinglra/introduction ceremony in BIHARWE, she was introduced to a one NKONI RUGAJU, a prominent lawyer in Mbarara. KYAKWERA went on to disclose to RUGAJU her legal concerns, seeking advice and help. In turn, RUGAJU expressed willingness to avail the requisite assistance. On his return home, RUGAJU shared with his wife; KEBIRUNGI whatever had transpired between himself and KYAKWERA. The following day he did equally share with his partner at the chambers, Counsel KAFUPI. a) Comment on the propriety of the aforementioned scenario. b) Assuming that RUGAJU and KYAKWERA having concretised their professional relationship are now desirous of terminating it, how would you advise either party to do so. CHIEF EXAMINER LDC