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The "Need to Knows" about becoming an Attorney
12 October 2022,
Melody Sithole
361
What is the starting point of becoming an admitted attorney in South Africa?
LLB LAW DEGREE
The starting point is to obtain a LLB degree at an accredited university. There are three options that you can choose from namely:
1.
BA Law Degree plus a LLB Law Degree
2.
BCom Law Degree plus a LLB Law Degree
3.
LLB Law Degree
According to the Qualification of Legal Practitioners Amendment Act of 1997, a LLB Law degree is a requirement to practice law in South Africa.
ARTICLES OF CLERKSHIP AND PRACTICAL VOCATIONAL TRAINING
Once you have completed your degree, you MUST do your articles of clerkship. This means that you will work at a law firm, serving as a candidate attorney under the guidance and supervision of a practicing attorney (principal). A candidate attorney has these options to choose from namely:
Option 1:
Completing their articles of clerkship in two years while attending a Compulsory Practical Vocational Training for Candidate Legal Practitioners.
Option 2:
Attending a Practical Vocational Training School for Legal Practice (this is a 4-month attendance course). LLB law graduates who successfully complete the course qualify for one year’s credit for their articles of clerkship.
PRACTICAL VOCATIONAL TRAINING CONTRACT
Once you commence with your articles it is of utmost importance that the practical vocational training contract and supporting documentation be lodged with the Provincial Office of the Legal Practice Council within 2 months from the date of the contract to ensure compliance with Rule 22.1.2 of the Rules promulgated in terms of the Legal Practice Act, No. 28 of 2014.
ATTORNEYS’ ADMISSION EXAM
The attorneys’ admission exam can be written in either March or August. In total there are four papers to be written, namely:
Paper 1:
The practice and procedure in the High Court and in courts established under the Magistrates’ Court Act, 1944, motor vehicle accident claims, criminal procedure.
Paper 2:
The practice and procedure relating to the winding up and distribution of estates of deceased persons.
Paper 3:
The practice, functions and duties of an attorney, including the ethical duties of an attorney
Paper 4:
Attorneys’ bookkeeping.
Once you have concluded your articles of clerkship, completed the practical vocational training and passed your attorneys’ admission exams you are entitled to bring an application to court to be admitted as an attorney, this is the final step of becoming an attorney in South Africa.
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