Assignment Task:
Task:
Anne, a single practitioner, has been in general practice for two years under the name of Anne Smith Attorneys Inc. Sibongile, a very successful and wealthy businesswoman, meets with Anne and asks for legal advice on a complex property dispute which involves a property development company called Capital City (Pty) Ltd. Sibongile also mentions to Anne that she made a profit of R100 million in 2020. She is aware of her tax liabilities towards the South African Revenue Services (SARS), but is not willing to pay tax on her hard-earned income. Her mandate to Anne is to use any possible means to avoid her tax liability towards SARS. Anne listens closely to Sibongile and takes instructions on these matters. Anne then asks for a R30 000-00 deposit to accept the mandate, which Sibongile pays. On the same day, Anne uses R20 000-00 of the deposit to pay for her child’s school fees. The following week Sibongile consults with Mary about an investment of R2 million. Anne invests the money in an Isle of Man offshore account and receives R50 000-00 commission from the bank. Over the course of the next six months, Anne neither writes nor initiates a call to Sibongile regarding the status of her property dispute. During this time, Sibongile calls Anne eight times. Anne never takes Sibongile’s phone calls but does return four of them, telling Sibongile each time that she has been “busy researching the problem.” After the last phone call from Sibongile, Anne actually does begin researching the question of property law controlling Sibongile’s case. Anne becomes very discouraged when she realizes that she does not understand the issues. Anne then contacts Bob, an attorney who practices under the name of Bob Adams Attorneys Inc and who specializes in property law and asks him to assist her in Sibongile’s matter. Bob and Anne have been romantically involved for three years. Bob’s uncle is the managing director of Capital City (Pty) Ltd. Bob agrees to assist, with the understanding that Sibongile will pay his fees. Anne consents to Bob’s fee. Sibongile lodges a complained at the Legal Practice Council and you are instructed by the Legal Practice Council to provide them with a legal opinion on whether Anne violated any standards of professional ethics.
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