| 21. | Competency-based examinations or assessments |
[section 95(1)(n) read with section 26(1)(d), (2) and (3)]
| 21.1 | A person wishing to qualify to be admitted and enrolled as a legal practitioner will be required to have passed a competency based assessment in terms of this rule 21, read with any rule made by the Council or the National Forum concerning levels of competence required for the admission and enrolment of legal practitioners. |
| 21.2 | The assessment of a person wishing to be admitted and enrolled as an attorney shall comprise assessment at least in relation to— |
| 21.2.1 | the practice and procedure in the High Court and in courts established under the Magistrates' Courts Act, 32 of 1944; |
| 21.2.2 | the practice and procedure relating to the winding up and distribution of the estates of deceased persons; |
| 21.2.3 | the practice, functions and duties of an attorney, including the ethical duties of an attorney; |
| 21.2.4 | a knowledge of accounting necessary for the keeping of accounting records referred to in section 87 of the Act, and compliance with accounting rules published by the Council from time to time. |
| 21.3 | A person wishing to qualify to be admitted and enrolled as an attorney who, before the date referred to in section 120(4) of the Act, had passed all parts of the practical examinations provided for in section 14 of the Attorneys Act, 1979 (Act no. 53 of 1979) will be deemed to have complied with rule 21.1. |
| 21.4 | A person wishing to qualify to be admitted and enrolled as an attorney who, before the date referred to in section 120(4) of the Act, had passed one or more parts of the practical examinations provided for in section 14 of the Attorneys Act, 1979 (Act no. 53 of 1979) but at that date had not yet passed all parts of those examinations, shall have the right to be examined or assessed on those parts which he or she had not yet passed, and upon successfully completing those parts of the said examinations which he or she had not passed at that date, he or she will be deemed to have complied with rule 20.1; provided, however, that if the candidate concerned has not passed the parts of the said examination which he or she had not successfully completed prior to the date referred to in section 120(4) of the Act within a period of three years from that date, then he or she shall no longer have the right to be examined or assessed on any part of those examinations. |
| 21.5 | The assessment of a person wishing to be admitted and enrolled as an advocate shall comprise assessment at least in relation to— |
| 21.5.1 | the practice and procedure in the High Court and in courts established under the Magistrates' Courts Act, 32 of 1944; |
| 21.5.2 | the practice, functions and duties of an advocate, including the ethical duties of an advocate; |
| 21.5.3 | in the case of an advocate intending to practise as a legal practitioner conducting a trust account practice, a knowledge of accounting necessary for the keeping of accounting records referred to in section 87 of the Act, and compliance with accounting rules published by the Council from time to time. |
| 21.6 | A person wishing to qualify to be admitted and enrolled as an advocate who, before the date referred to in section 120(4) of the Act, has passed all parts of the examinations conducted by the General Council of the Bar or any other society of advocates contemplated in section 112(1)(a)(ii) of the Act will be deemed to have complied with rule 21.1. |
| 21.7 | A person wishing to qualify to be admitted and enrolled as an advocate who, before the date referred to in section 120(4) of the Act, had passed one or more parts of the examinations referred to in rule 21.6 but at that date had not yet passed all parts of those examinations, shall have the right to be examined or assessed on those parts which he or she had not yet passed and, upon successfully completing those parts of the said examinations which he or she had not passed at that date, he or she will be deemed to have complied with rule 21.1; provided, however, that if the pupil concerned had not passed the parts of the said examination which he or she had not successfully completed prior to the date referred to in section 120(4) of the Act within a period of three years from that date, then he or she shall no longer have the right to be examined or assessed on any part of those examinations |
provided that a person wishing to be qualified to be admitted and enrolled as an advocate who, before the date referred to in 120(4) of the Act, has passed one or more parts of a training course approved by the General Council of the Bar or any other society of advocates, as contemplated in section 112(1)(a)(ii) of the Act, but at that date had not yet passed all parts of those examinations, shall have the right to be examined or assessed on those parts which he or she had not yet passed and, upon successfully completing those parts of the said examinations which he or she had not passed at that date, he or she will be deemed to have complied with this rule 21.4; provided further, however, that if the pupil concerned had not passed the parts of the said examination which he or she had not successfully completed prior to the date referred to in section 120(4) of the Act within a period of three years from that date, then he or she shall no longer have the right to be examined or assessed on any part of those examinations.
| 21.8 | The assessment of persons wishing to be admitted and enrolled as a notary shall comprise assessment in relation to the practice, functions and duties of a notary. |
| 21.9 | The assessment of persons wishing to be admitted and enrolled as a conveyancer shall comprise assessment in relation to the practice, functions and duties of a conveyancer. |
| 21.10 | The areas of knowledge required of persons wishing to be admitted and enrolled as attorneys or as advocates, as the case may be, in terms of this rule, and the standards of proficiency required of such persons, shall be determined by the Council from time to time and shall be published by the Council for the information of legal practitioners and candidate legal practitioners. |
| 21.11 | An assessment referred to in rules 21.2 and 21.5 shall not be conducted in respect of any person unless that person— |
| 21.11.1 | has complied with the provisions of the Act in regard to practical vocational training; |
| 21.11.2 | is undergoing practical vocational training and has so undergone for a continuous period of not less than six months; or |
| 21.11.3 | only in the case of a person wishing to be admitted and enrolled as an attorney, has completed, to the satisfaction of Council, a programme of structured coursework referred to in regulation 6(1)(b) of the regulations made under section 109(1)(a) of the Act. |
[Part VI Rule 21.11 substituted by the South African Legal Practice Council, Notice No. 2231, GG49833, dated 8 December 2023]
| 21.12 | Study leave for candidate legal practitioners for competency-based examinations. |
| 21.12.1 | Subject to rule 21.12.3, a candidate legal practitioner may, with the consent of his or her principal and/or supervisor, take a minimum of two (2) days of study leave per competency-based examination, which will encompass the day before the examination (unless the day falls on a weekend or a public holiday) and the day of the examination. A candidate legal practitioner will be entitled to a maximum of twelve (12) days of study leave in any one year of the practical vocational training for the purpose of writing the competency-based examinations. |
| 21.12.2 | In the case of candidate attorneys the study leave day(s) will be deducted from the days of absence from office as contemplated in rule 22.1.4 of the rules. |
| 21.12.3 | Council may, on the application of a candidate legal practitioner— |
| 21.12.3.1 | where the principal and/or supervisor refuses to grant the candidate legal practitioner study leave; or |
| 21.12.3.2 | where in the case of a candidate attorney, the period of absence, including study leave as provided for above exceeds, or the periods of absence from office in the aggregate exceed, thirty (30) working days in any one year of the practical vocational training contract; |
authorise leave of absence from the office for the period in question, if the Council is satisfied that the principal and the Council received due notice of the application and that there is sufficient cause, as the case may be.
[Part VI Rule 21.12 inserted by the South African Legal Practice Council, Notice No. 2232, GG49833, dated 8 December 2023]
| 22. | Practical vocational training and remuneration for candidate legal practitioners [section 95(1)(o) read with section 27] |
| 22.1.1 | Information to be submitted to the Council before practical vocational training contract is entered into |
Any person intending to serve an attorney under a practical vocational training contract must submit the following to the Council:
| 22.1.1.1 | his or her identity document or other proof to the satisfaction of the Council of his or her date of birth; and |
| 22.1.1.2 | proof to the satisfaction of the Council that he or she is a fit and proper person to serve as a candidate attorney under a practical vocational training contract and has satisfied all the requirements for the degrees referred to in sections 26(1)(a) or (b) of the Act. |
| 22.1.2 | Lodging, examination and registration of practical vocational training contract |
| 22.1.2.1 | A practical vocational training contract shall be substantially in the form set out in Schedule 2 of these rules. |
| 22.1.2.2 | The original of any practical vocational training contract shall, within two months of the date of signature of the contract, be lodged by the principal concerned with the Council. |
| 22.1.2.3 | The Council shall, on payment of the prescribed fee, examine any practical vocational training contract lodged with it and, if it is satisfied that the practical vocational training contract is in order and the Council has no objection to its registration, register the practical vocational training contract, and shall advise the principal and the candidate attorney concerned in writing of such registration. |
| 22.1.2.4 | If a practical vocational training contract is not lodged for registration within two months from the date thereof, any service under any such contract will be deemed to commence on the date of registration. |
[Part VI Rule 22.1.2 substituted by the South African Legal Practice Council, Notice No. 2231, GG49833, dated 8 December 2023
| 22.1.3 | Supervision over candidate attorney |
A candidate attorney shall, during the whole term of service specified in the practical vocational training contract—
| 22.1.3.1 | serve in the office of his or her principal under the direct personal supervision of the principal or under the direct personal supervision of an attorney who is a partner or other admitted attorney in the office of the principal; |
| 22.1.3.2 | in the case of a candidate attorney serving under a practical vocational training contract with the State Attorney or a practising attorney employed by the State Attorney, serve in the office of the State Attorney or in any branch thereof and under the direct personal supervision of the State Attorney or a practising attorney employed by him or her; or |
| 22.1.3.3 | in the case of a candidate attorney serving under a contract of service with a law clinic or Legal Aid South Africa, serve under the direct personal supervision of a legal practitioner who is employed full time at the law clinic or at the office of Legal Aid South Africa. |
| 22.1.4 | Absence of candidate attorneys |
| 22.1.4.1 | Subject to rule 21.1.4.2, a candidate attorney may, with the consent of his or her principal, absent himself or herself from office for a period which does not, or for periods which in the aggregate do not, exceed thirty working days in any one year of the practical vocational contract. |
| 22.1.4.2 | Council may, on the application of a candidate attorney in any case— |
| 22.1.4.2.1 | where the principal refuses to grant the candidate attorney leave of absence from office; or |
| 22.1.4.2.2 | where the period of absence from office exceeds, or the periods of absence from the office in the aggregate exceed, thirty working days in any one year of the practical vocational training contract authorize leave of absence from office for the period in question, if Council is satisfied that the principal and the Council received due notice of the application and that sufficient cause for the absence exists or existed, as the case may be. |
[Part VI Rule 22.1.4.2 substituted by the South African Legal Practice Council, Notice No. 666, G45482, dated 12 November 2021]
| 22.1.4.3 | An order referred to in rule 22.1.4.2 may be granted before, during or after the period of absence. |
| 22.1.4.4 | If any period of absence from office exceeds (or the periods of absence from office in the aggregate exceed) thirty working days in any one year of the practical vocational training contract, the period in excess of thirty working days shall be added to the period for which the candidate attorney is bound to serve under the contract. |
| 22.1.4.5 | Notwithstanding the provisions of rule 22.1.4.1, any period of absence not exceeding six months by a candidate attorney from the office of his or her principal for the purpose of attending a training course approved by the Council shall, if that candidate attorney has completed the course to the satisfaction of the Council, be deemed to have been served under a practical vocational training contract. |
| 22.1.4.6 | Notwithstanding the provisions of rule 22.1.4.1, any period of absence not exceeding twelve months of a candidate attorney from the office of his or her principal for the purposes of service, in terms of a contract with terms and conditions similar to those of his or her practical vocational training contract, under the direct supervision of another attorney who is entitled to engage a candidate attorney shall, provided the Council has approved such service in advance in writing, be deemed to have been served by the candidate attorney concerned under a practical vocational training contract with his or her principal. |
| 22.1.5 | Restriction on pecuniary interests of candidate attorneys |
| 22.1.5.1 | A candidate attorney shall not have any pecuniary interest in the practice and service of an attorney, other than in respect of bona fide remuneration for his or her services as a candidate attorney, and shall not, without the prior written consent of the Council, hold or occupy any office in respect of which he or she receives any form of remuneration, directly or indirectly, or engage in any other business other than that of candidate attorney, where holding that office or engaging in that business is likely to interfere with the proper training of the candidate attorney is within the discretion of the Council. |
[Part VI Rule 22.1.5.1 substituted by the South African Legal Practice Council, Notice No. 2231, GG49833, dated 8 December 2023]
| 22.1.5.2 | If any candidate attorney contravenes the provisions of rule 22.1.5.1 the contract concerned shall be void ab initio and service rendered thereunder shall be ineffective unless the court on good cause shown otherwise directs. |
[Part VI Rule 22.1.5.2 substituted by the South African Legal Practice Council, Notice No. 2231, GG49833, dated 8 December 2023]
| 22.1.6 | Cession of practical vocational training contract |
| 22.1.6.1 | A practical vocational training contract may with the consent of the principal and the candidate attorney concerned be ceded to any other principal willing to accept such cession. |
| 22.1.6.2 | The Council may, in the event of the death, mental illness, insolvency, conviction of a crime, suspension from practice, striking off the roll or discontinuation of practice of the principal under whom the candidate attorney is serving, or the debarring of that principal from engaging or continuing to engage a candidate attorney, or any other cause, direct that the practical vocational training contract concerned be ceded to any other principal willing to accept such cession, and all service completed under the ceded contract shall be effective for purposes of the Act and these rules. |
| 22.1.6.3 | A practical vocational training contract may be ceded under rule 22.1.6.2 notwithstanding the fact that the principal who accepts the cession will, as a result of that acceptance, have more than the maximum allowable number of candidate attorneys in his or her employment. |
| 22.1.6.4 | An agreement whereby a practical vocational training contract is ceded shall, within two months of the date on which the service of the candidate attorney concerned may have terminated with the cedent, or within such further period as a court may on good cause allow, be lodged with the Council by the cessionary together with affidavits— |
| 22.1.6.4.1 | by the cedent stating whether the provisions of the Act and these rules relating to service under the practical vocational training contract have been complied with during the whole term of service during which the candidate attorney concerned was in the service of the cedent, and the date on which the candidate attorney terminated his or her services with the cedent; and |
| 22.1.6.4.2 | by the cessionary stating the date on which the candidate attorney assumed duty with the cessionary. |
| 22.1.6.5 | The Council shall on payment of such fee as may be prescribed— |
| 22.1.6.5.1 | examine the agreement and affidavits referred to in rule 22.1.6.4; and |
| 22.1.6.5.2 | if it is satisfied that the cession is in order and it has no objection thereto, register the cession and shall advise the attorney and the candidate attorney concerned in writing of such registration. |
| 22.1.6.6 | If a practical vocational training contract is ceded in terms of rule 22.1.6.2 the agreement whereby the practical vocational training contract is ceded shall be signed by the legal representative of the attorney concerned or by the chairperson or the executive officer of the Council as cedent, and a certificate of such legal representative, chairperson or executive officer containing the particulars referred to in rule 22.1.6.4 shall serve as a substitute for the affidavit of the cedent referred to in 22.1.6.4.1. |
| 22.1.7 | Termination of practical vocational training contract |
| 22.1.7.1 | If a practical vocational training contract is for any reason cancelled, abandoned or ceded, the principal with whom the candidate attorney is serving at that time must forthwith in writing notify the Council of such cancellation, abandonment or cession. |
| 22.1.7.2 | If a practical vocational training contract has been cancelled or abandoned before it has been completed, the court may in its discretion, on the application of the person who served under such contract, and subject to such conditions as the court may impose, order that for the purposes of the Act and these rules the whole or such part of the period served under such contract as the court deems fit, be added to any period served by that person under a practical vocational training contract or contract of service entered into after the first mentioned contract was cancelled or abandoned, and any period so added shall for purposes of the Act and these rules be deemed to have been served under the last mentioned contract and continuously with any period served thereunder. |
| 22.1.8 | Registration of practical vocational training contract by advocate |
Any person admitted as a legal practitioner and enrolled to practice as an advocate shall not be allowed to register a practical vocational training contract with a candidate attorney in terms of the provisions of these rules unless his or her enrolment as an advocate has been converted to that of an attorney in terms of section 32(1) of the Act.
| 22.1.9 | Irregular service under practical vocational training contract |
If any person has not served regularly as a candidate attorney in terms of the provisions of these rules the court, if satisfied that such irregular service was occasioned by sufficient cause, and that such service is substantially equivalent to regular service, and that the Council has had due notice of the application, may permit such person, on such conditions as it may deem fit, to apply for admission as an attorney as if he or she had served regularly under a practical vocational training contract or a contract of service.
| 22.1.10 | Cancellation or suspension or abandonment of practical vocational training contract |
If a person who has served any period under a practical vocational training contract which was cancelled or suspended or abandoned before its completion, has satisfied all the requirements for the degrees referred to in sections 26(1)(a) or (b) of the Act, the court may, on the application of such person and subject to such conditions as the court may impose, order—
| 22.1.10.1 | that, for the purpose of this rule 22, the whole of the period so served, or such part of that period as the court deems fit be added to any period served by such person after he or she satisfied such requirements or became so entitled under a practical vocational training contract entered into after the first mentioned contract was cancelled or abandoned, and thereafter any period so added shall be deemed to have been served— |
| 22.1.10.1.1 | after that person satisfied such requirements or became so entitled; and |
| 22.1.10.1.2 | under the practical vocational training contract entered into after the first mentioned contract was cancelled or abandoned, and continuously with any period served thereunder. |
| 22.1.10.2 | if the period served by that person under the first mentioned practical vocational training contract is equal to or exceeds the period which that person would, at the time of making the application, be required to serve under a practical vocational training contract, that the period so served be considered as adequate service under a practical vocational training contract for purposes of this rule 22, and thereafter any period served by that person shall be deemed to have been served after and under a practical vocational training contract entered into after he or she satisfied those requirements and became so entitled. |
| 22.2.1 | Information to be submitted to the Council for purposes of registration of pupillage |
Any person intending to register with the Council as a pupil must submit the following to the Council:
| 22.2.1.1 | his or her identity document or other proof to the satisfaction of the Council of his or her date of birth; |
| 22.2.1.2 | proof to the satisfaction of the Council that he or she is a fit and proper person to serve as a pupil under a practical vocational training contract and has satisfied all the requirements for the degrees referred to in sections 26(1)(a) or (b) of the Act. |
| 22.2.2 | Lodging, examination and registration of practical vocational training contract |
| 22.2.2.1 | A practical vocational training contract shall be substantially in the form set out in Schedule 2 of these rules. |
| 22.2.2.2 | The original of any practical vocational training contract shall, within two months of the date of signature of the contract, be lodged by the principal concerned with the Council |
| 22.2.2.3 | The Council shall, on payment of the prescribed fee, examine any practical vocational training contract lodged with it and, if it is satisfied that the practical vocational training contract is in order and the Council has no objection to its registration, register the practical vocational training contract, and shall advise the principal and the candidate attorney concerned in writing of such registration. |
| 22.2.2.4 | If a practical vocational training contract is not lodged for registration within two months from the date thereof, any service under such contract will be deemed to commence from the date of registration. |
[Part VI Rule 22.2.2 substituted by the South African Legal Practice Council, Notice No. 2231, GG49833, dated 8 December 2023]
| 22.2.3 | Supervision over pupil |
The training supervisor shall, during the whole term of service specified in the practical vocational training contract, supervise the training of the pupil to ensure that the pupil is instructed in the practice and profession of an advocate.
| 22.2.4 | Restriction on pecuniary interests of pupil |
| 22.2.4.1 | A pupil shall not have any pecuniary interest in the practice and service of an attorney, or in the practice of an advocate, and shall not, without the prior written consent of the Council, hold or occupy any office in respect of which he or she receives any form of remuneration, directly or indirectly, or engage in any business, where holding that office or engaging in that business is likely to interfere with the proper training of the pupil is within the discretion of the Council. |
| 22.2.4.2 | If a pupil contravenes the provisions of rule 22.2.4.1, the contract concerned shall be void ab initio and ineffective unless the court on good cause shown otherwise directs. |
[Part VI Rule 22.2.4 substituted by the South African Legal Practice Council, Notice No. 2231, GG49833, dated 8 December 2023]
| 22.2.5 | Cession of practical vocational training contract |
The provisions of rule 22.1.6 relating to the cession of practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of the cession of practical vocational training contracts of pupils.
| 22.2.6 | Termination of practical vocational training contract |
The provisions of rule 22.1.7 relating to the termination of practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of the termination of practical vocational training contracts of pupils.
| 22.2.7 | Irregular service under practical vocational training contract |
The provisions of rule 22.1.9 in relating to irregular service under practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of irregular service under practical vocational training contracts of pupils.
| 22.2.8 | Cancellation or suspension or abandonment of practical vocational training contract |
The provisions of rule 22.1.10 relating to the cancellation or suspension or abandonment of practical vocational training contracts of candidate attorneys, with the necessary changes required by the context, apply in respect of the cancellation or abandonment of practical vocational training contracts of pupils.
| 22.3 | Every candidate attorney undergoing practical vocational training in terms of a practical vocational training contract shall be entitled to not less than the minimum remuneration, allowance, or stipend, for his or her service under the practical vocational training contract as set out in Schedule 2A, which remuneration, allowance, or stipend, shall be payable not less frequently than monthly. |
[Part VI Rule 22.3 substituted by the South African Legal Practice Council, Notice No. 2683, GG51050, dated 16 August 2024]
| 22.4 | Every pupil undergoing practical vocational training in terms of a practical vocational training contract shall be entitled to not less than the minimum remuneration, allowance, or stipend as set out in Schedule 3A, which shall be payable by the Council not less frequently than monthly from the moneys raised in terms of Schedule 3B. |
[Part VI Rule 22.4 substituted by the South African Legal Practice Council, Notice No. 2683, GG51050, dated 16 August 2024]
| 23. | Assessment of persons undergoing practical vocational training |
[section 95(1)(p) read with section 28(1)]
| 23.1 | Every assessment shall be conducted by one or more assessors who qualify in terms of rule 25 to conduct assessments. |
| 23.2 | The assessor or assessors who conduct an assessment shall put written questions to the candidate when conducting assessments in respect of the subjects referred to in— |
| 23.2.1 | rules 21.2 and 21.4, which respective assessments may, subject to rule 21.7, be taken separately and may require the candidate to draft such process, accounts and documents to show whether he or she possesses sufficient practical knowledge of such subjects to comply with the provisions of any rule made by the Council or the National Forum concerning levels of competence required for the admission and enrolment of legal practitioners; |
| 23.2.2 | rule 21.5, and may require the candidate to draft such documents to show whether he or she possesses sufficient practical knowledge of such subject to comply with the levels of competence referred to in rule 23.2.1; |
| 23.2.3 | rule 21.6, and may require the candidate to draft such deeds and other documents to show whether he or she possesses sufficient practical knowledge of the requirements of deeds registries and to comply with the levels of competence referred to in rule 23.2.1; |
provided that if the candidate has failed to obtain the prescribed minimum standard in the written questions which are put to him or her as part of the assessment, as determined from time to time by the Council, the assessor or assessors conducting the assessment may put oral questions to the candidate to determine whether or not the candidate possesses sufficient practical knowledge of the subjects concerned.
| 23.3 | The assessment in respect of the subjects referred to in rules 21.5 and 21.6 may only be conducted together with or after the successful completion of the assessment in respect of the subjects referred to in rule 21.2. |
| 23.4 | The assessor or assessors conducting the assessment shall, if in their opinion the candidate has satisfactorily answered the questions put to him or her and has shown that he or she possesses sufficient practical knowledge of the subjects concerned, as required in terms of any rule made by the Council or the National Forum concerning levels of competence required for the admission and enrolment of legal practitioners, issue or cause to be issued to the candidate a certificate of proficiency in such subjects. If the Council engages an institution or organisation to perform the functions set out in rule 24 the certificate of proficiency shall be issued by the institution or organisation, as the case may be. |
| 23.5 | A candidate entering for assessment in respect of any of the subjects referred to in rule 21, or repeating any such assessment, shall pay a fee to the Council or such amount as may be determined by the Council from time to time, in respect of any such assessment, which fee shall be payable at the time that the candidate registers for the assessment. |
| 24. | Levels of competence for admission and enrolment as legal practitioner |
[section 95(1)(q) read with section 28(2)]
Any person wishing to be admitted and enrolled as a legal practitioner must satisfy the Council that he or she has attained the levels of competence contemplated in the Act and the rules regarding the required knowledge, skills and values that will enable him or her—
| 24.1 | to serve the public with diligence and integrity; |
| 24.2 | to apply the provisions and uphold the values enshrined in the Constitution of South Africa; |
| 24.3 | to practise in accordance with the rules of ethics of the relevant branch of the legal profession to which the applicant seeks admission and enrolment; |
| 24.4 | to promote measures and processes that enhance access to justice; |
| 24.5 | to apply relevant laws and procedures to resolve disputes; |
| 24.6 | to advise clients in relation to their rights and the appropriate action to be taken to enforce those rights; |
| 24.7 | to draft all legal documents which are required to be drafted in the normal course of practice in the branch of the profession to which the applicant seeks admission and enrolment; |
| 24.8 | to manage his or her practice in the manner appropriate to the branch of the profession to which the applicant seeks admission and enrolment; |
| 24.9 | in circumstances applicable to the profession to which the applicant seeks admission and enrolment, to apply appropriate principles of accounting relevant to his or her practice; |
| 24.10 | in general to conduct himself or herself in a manner that enhances the repute of the legal profession in terms of independence, integrity, competence and the promotion of justice in South Africa. |
| 25. | Qualifications to conduct assessment of practical vocational training |
[section 95(1)(r) read with section 28(4)]
| 25.1 | The Council shall appoint persons to determine the structure and process of assessment and to arrange, control and conduct assessments for the purpose of assessing whether individuals undergoing practical vocational training have attained an adequate level of competence for admission and enrolment as alegal practitioner, and/or may engage or accredit an appropriate institution or organisation to do so on its behalf. |
| 25.2 | Every person appointed by the Council for the purpose of arranging, controlling and conducting assessments in respect of the subjects referred to in— |
| 25.2.1 | rule 21.2, shall be a person who has been a practising attorney for not less than seven years; |
| 25.2.2 r | ule 21.5, shall be a person who has been a practising advocate for not less than seven years: provided that in the case of a candidate legal practitioner intending to be admitted and enrolled as an advocate conducting a trust account practice, at least one of the persons conducting the assessment must be a person who has been a practising attorney for not less than seven years; |
| 25.2.3 | rule 21.8, shall be a person who has been a practising notary for not less than seven years; and |
| 25.2.4 | rule 21.9, shall be a person who has been a practising conveyancer for not less than seven years. |
| 25.3 | The periods of practice which are required to qualify an attorney, or an advocate, or a notary, or a conveyancer, as the case may be, to conduct assessments may be reduced by the Council in its discretion if in any particular instance the person concerned had other prior experience to qualify him or her to conduct an assessment. |
| 25.4 | Where the Council engages an institution or organisation to conduct the assessment on its behalf, that institution or organisation will be required to ensure that the persons employed by it to arrange, control and conduct assessments shall be individuals with the qualifications referred to in rule 25.2. |
| 26. | Exemption from performing community service |
[section 95(1)(s) read with section 29(3)]
The Council may from time to time publish rules relating to the legal practitioners or candidate legal practitioners or categories of legal practitioners or candidate legal practitioners who shall be exempted from performing community service.
| 27. | Legal practice management course |
[section 95(1)(zL) read with section 85(1)(b)]
| 27.1 | Every legal practitioner who is obliged in terms of section 84(1) of the Act to be in possession of a Fidelity Fund certificate and who is not in possession of a Fidelity Fund certificate must, within a period of one year after the date on which the legal practitioner was required for the first time to be in possession of a Fidelity Fund certificate, or within such further period as the Council may approve in any specific case, complete to the satisfaction of the Council a legal practice management course approved by the Council. |
| 27.2 | The Council may exempt any legal practitioner, fully or partially and on such conditions as the Council may determine, from completing a legal practice management course to the extent that the legal practitioner— |
| 27.2.1 | has a qualification that is similar to or of a higher standard than that attainable on completion of the course in question; or |
| 27.2.2 | has a level of experience that would render the completion of the course in question or any part of such course unnecessary. |
| 27.3 | A legal practice management course referred to in rule 27.1 may be presented through lectures, seminars or any other forms of learning requiring the physical presence of the legal practitioner concerned, or in appropriate circumstances determined by the Council may be presented through an approved distance learning method or digital transmission, telephone or video conference call, audio tape or electronic network. |
| 27.4 | The legal practice management course referred to in rule 27.1 must comprise the following modules: |
| 27.4.1 | module 1: general introduction to management; |
| 27.4.2 | module 2: risk management and insurance; |
| 27.4.3 | module 3: law business finance; |
| 27.4.4 | module 4: systems and technology; |
| 27.4.5 | module 5: practice administration; |
| 27.4.6 | module 6: marketing of legal services; |
| 27.4.7 | module 7: human resources management; |
| 27.4.8 | module 8: strategic management. |
| 27.5 | The legal practice management course referred to in rule 27.1 shall require, in addition to the completion of the modules referred to in rule 27.4, the successful completion of the following assignments: |
| 27.5.1 | law business finance; |
| 27.5.2 | risk management and insurance; |
| 27.6 | The compulsory modules of practice management training and he assignments referred to in rule 27.4 shall be completed to the satisfaction of the Council over a period of no longer than twelve months. |
| 27.7 | Satisfactory completion of any practice management training course presented at the Legal Education and Development Section of the Law Society of South Africa for purposes of the Attorneys Act 53 of 1979, for which an attorney or candidate attorney had registered before the date referred to in section 120(4) of the Act and in respect of which was completed satisfactorily within a period of twelve months after that date will be regarded as compliance with the requirements of rule 27.1. |
