Th e Ed u c a t i o n a n d Li c e n s i n g o f At t o r n e y s a n d Ad v o c a t e s in So u t h Af r i c a by Peggy Maisel

his article explores the current organi- permanent constitution was then enacted in 1996 zation of the South African and to replace the interim one that had been negotiated describes the system between the government and the African National and the licensing requirements for both Congress and its allies. Parallel changes to the legal Tattorneys and , as well as those for foreign profession included the integration of university attorneys. Interspersed throughout the article are faculties, the updating of curriculum,5 and the discussions of the system’s strengths and weaknesses, amendment of the Legal Practice Act regarding particularly in light of the transformation required admission to the bar.6 after the end of apartheid, including some of the key

challenges still facing South Africa. For example, the requirement that applicants for admission as advocates and attorneys pass exami- Th e Le g a l Sy s t e m o f So u t h Af r i c a nations in English and Afrikaans was abolished,7 South Africa’s legal system has always been complex and a Legum Baccalaureus (LL.B.) was made the because its foundation includes elements of English universal educational requirement for admission to , Roman-Dutch law, and indigenous either branch of the legal profession.8 In addition, African law.1 Like England, it also has a divided legal practice schools were started in 1994 to increase bar of attorneys and advocates,2 the latter doing all preparation for and access to the legal profession,9 but the most simple work in court and therefore a community service option was instituted as an traditionally becoming .3 Under apartheid, alternative to the two-year apprenticeship require- the legal profession, like all other institutions, was ment that excluded many black law graduates from segregated, which meant there were separate law entering the profession,10 the professional bodies schools for whites and nonwhites, and courthouses that regulate the bar examination and admission had separate entrances, halls, rooms, and counsel were integrated, and many formerly segregated tables for black and white members of the profession legal organizations were merged.11 An additional and the public. Not surprisingly, the bar included reform currently being debated in Parliament would very few members of color despite the fact that do away with the divided bar.12 As a result of these South Africa’s population is about 79% black African, changes, the diversity of the profession has signifi- 9% colored, 3% Indian, and 9% white.4 cantly increased; however, much remains to be done, Formal apartheid ended in 1994 when Nelson and legal educators, attorneys, and advocates must Mandela, who was a , was elected president continue to play key roles in this transformation in the country’s first truly democratic elections. A process.

The Education and Licensing of Attorneys and Advocates in South Africa 15 Le g a l Ed u c a t i o n in So u t h Af r i c a requirement that is normally part of a , and a clinical law experience. Indeed, all Legal education in South Africa has two distinct South African law schools have live client clinics.16 phases functioning in tandem to prepare candidates Therefore, even students who decide not to practice for admission to legal practice. The first, described in law have the opportunity or requirement (whether this section, consists of a four-year LL.B. degree con- the course is optional or required depends on the law ferred by one of the 18 university law faculties. This school) to learn some basics of legal practice before has been the system since 1998, when South African graduating from . At the University of law schools began to offer the KwaZulu-Natal, for instance, a same degree for those planning Th e c o r e c u r r i c u l u m i n c l u d e s clinical experience is required to be either attorneys or advo- a ll t h e c o u r s e s t a u g h t in t h e for all final-year students, who cates.13 The second, described in can choose between represent- the following two sections, con- f i r s t y e a r a t a U.S. l a w s c h o o l . In ing clients and taking a course at sists of some form of post-law- a d d i t i o n , t h e r e a r e b a s i c c o u r s e s the Campus Law Clinic, teach- school apprenticeship, course- w h i c h a r e c o n s i d e r e d e l e c t i v e s ing high school students as part work, and a bar examination in t h e n i t e d t a t e s pl u s a t U S , of the Street Law program, or designed to prepare candidates m o s t l a w s c h o o l s , p r a c t i c a l s k ill s completing a course that teaches and assess their qualifications t r a i n i n g , a m o o t c o u r t r e q u i r e - them how to teach legal skills to for admission as either attor- m e n t t h a t is n o r m a ll y p a r t o f first-year students. neys or advocates. a l e g a l p r a c t i c e c o u r s e , a n d a The LL.B. Curriculum c li n i c a l l a w e x p e r i e n c e . In d e e d , Problem Areas in Legal When the four-year LL.B. a ll So u t h Af r i c a n l a w s c h o o l s Education degree was adopted in 1998, h a v e li v e c li e n t c li n i c s . The historic inequalities in the law school deans agreed students’ educational back- that each school would design grounds caused by apartheid constitute by far the a curriculum based on 26 core courses that would biggest problem in legal education. This is not include the teaching of legal skills, values, and sen- surprising since educational statistics from the last sitivity to diversity in addition to substantive law. 13 years of that era “reflect gross inequalities in In 2002 the four-year undergraduate LL.B. degree per capita spending, pupil-teacher ratios, teacher was registered by the South African Qualification pay scales, school facilities, compulsory education Authority, the national accreditation authority for requirements, school attendance practices, sec- all university education, and exit-level outcomes for ondary school matriculation rates, and university law graduates were specified.14 entrance examinations.”17 As a result of deficiencies The core curriculum includes all the courses in writing and basic numeracy skills, more law stu- taught in the first year at a U.S. law school. In addi- dents from disadvantaged educational backgrounds tion, there are basic courses which are considered experience difficulties during law school and on the electives in the United States15 plus, at most law bar examination and ultimately are unprepared for schools, practical skills training, a moot court legal practice.

16 The Bar Examiner, May 2010 Two factors inhibiting remediation of this prob- 13% of practicing . Only advocates can appear lem are that at most law schools classes other than before the country’s Supreme and Constitutional the clinical and skills classes mentioned earlier are Courts. Their work focuses on research, drafting taught in English or Afrikaans, and they are taught opinions and pleadings, and presenting cases in in a large lecture format.18 The language issue con- court. An cannot solicit a case directly tributes to the poor pass rates because students are from a client. It is the attorney, not the client, who being taught in their second or third language, while approaches the advocate and who instructs the the lecture format makes it difficult to use the peda- advocate regarding the case. gogy necessary to address individual problems, such No specialties exist for advocates in South Africa. as writing deficits. However, after at least 10 years of practice, advocates In response to this ongoing problem, the South of proven experience and skill may be appointed as African Law Deans’ Association has commissioned senior consultus, also known as silks because of the an empirical study to both appraise the state of traditional silk robes they wear. Regional bar asso- legal education in South Africa and suggest solu- ciations make recommendations as to who should be 19 tions. Even before its completion, legal educators appointed as silks to the president of South Africa, have begun developing curricula and pedagogies who makes the appointments. Silks are therefore in an attempt to improve poor student pass rates. considered the leaders of the profession,20 and judges For example, several law schools have replaced the traditionally are chosen from their ranks.21 survey course taught in a large lecture format that formerly comprised the first-year law curriculum Admission Requirements with a skills-oriented class, taught primarily in small To become an advocate, a candidate must meet the sections, that emphasizes the development of writ- following requirements: ing, numeracy, and computer skills. 1. be over 21 years of age and a “fit and proper Despite these changes, law schools will still person,”22 need to do more to remediate the deficiencies of pri- mary and secondary education for many students. 2. be “duly qualified” (defined as having com- 23 Findings of the empirical study currently under way pleted an LL.B. degree), will hopefully lay out a blueprint for change; but suc- 3. be either a South African citizen or a perma- cess can only be accomplished if there is a significant nent resident, and increase in resources to law schools from the govern- ment or from donors and if those resources are used 4. apply to be removed from the roll of attor- creatively and effectively. neys if the applicant has been admitted as an attorney in any jurisdiction.24 Th e Li c e n s i n g o f Ad v o c a t e s a n d t h e The process to become an advocate involves Na t i o n a l Ba r Ex a m i n a t i o n three steps: obtaining an LL.B. degree, completing What Advocates Do one year of pupilage, and passing the National Bar In South Africa’s divided bar, advocates handle most Examination.25 Even though there is no statutory re- litigation, even though they constitute only about quirement to become a member of a ,

The Education and Licensing of Attorneys and Advocates in South Africa 17 the traditional and most recognized route to becom- Application for pupilage generally takes place ing an advocate requires admission to one. This is prior to completion of the LL.B. and includes appli- so because the General Council of the Bar (GCB), a cation for admission as an advocate.33 Pupilage national body, and the 12 regional bar associations26 generally begins on January 15 and runs through the regulate and represent advocates and administer end of December. Pupils perform both general work 27 admission to the profession. and specifically prescribed work under the supervi- sion of their mentors,34 and all of the pupils’ work is As an alternative, the Association of Independent reviewed. In addition, pupils attend a lecture series,35 Advocates of South Africa was formed in 1994 to participate in advocacy training exercises, and per- represent advocates who do not form written exercises.36 Each become members of the “tra- Ea c h p u pil is r e q u i r e d t o m a i n - pupil is required to maintain a ditional” bar.28 Despite their t a i n a d i a r y o f a ll a c t i v i t i e s diary of all activities and work independence, these advocates a n d w o r k p e r f o r m e d , w h e t h e r performed, whether it was per- are still subject to discipline it w a s p e r f o r m e d w i t h a m e n t o r formed with a mentor or with by the High Court, which has o r w i t h o t h e r m e m b e r s o f t h e other members of the bar, and supervisory jurisdiction over he or she is encouraged to main- all legal professionals based b a r , a n d h e o r s h e is e n c o u r a g e d tain a file containing samples of on complaints filed by either t o m a i n t a i n a f il e c o n t a i n i n g documents that the pupil will the GCB or the regional bar s a m pl e s o f d o c u m e n t s t h a t t h e 37 29 use later in practice. Pupils are associations. The latter do not p u pil w ill u s e l a t e r in p r a c t i c e . also entitled to and encouraged have the power to suspend or u pil s a r e a l s o e n t i t l e d t o a n d P to appear in court and must remove advocates from the roll e n c o u r a g e d t o a pp e a r in c o u r t complete a course of practical of advocates, but the admitting a n d m u s t c o m pl e t e a c o u r s e o f exercises based on a workbook bar association can make an p r a c t i c a l e x e r c i s e s b a s e d o n a 38 application to a court, which manual. has the power to do so.30 w o r k b o o k m a n u a l . During the month of July, pupils prepare themselves for the National Bar Professional Training Examination, which is administered in August. If the The training to become an advocate, including a pupil passes the examination, he or she must com- one-year pupilage, is provided by the regional bar plete an Advocacy Training Course in November, associations.31 During this time, pupils are closely and the month of December is used for further men- monitored by mentors, who must have at least five toring and preparation for practice. Once a pupil years of experience as advocates, and supervisors, has passed the National Bar Examination, the pupil who come from the ranks of silks. The supervisors is permitted to appear independently in court and are required to meet with pupils on a bimonthly accept briefs from attorneys, provided that the pupil basis and are charged with ensuring that pupils are is supervised by the mentor and discloses to the properly mentored and that they fulfill all pupilage attorney, the , and the court his or her status requirements.32 as a pupil.

18 The Bar Examiner, May 2010 Failure of the bar examination is considered pupils and those involved in their training.46 Among failure of pupilage. Therefore, if a pupil fails the bar the complaints are that the lectures do not focus on examination, he or she must repeat the entire year of the syllabus and that the participants are unable to pupilage. Pupils are limited to two periods of pupil- ask questions of the lecturer. In response, an experi- age, with a third permitted if special circumstances ment is currently under way to replace lecturers with exist.39 “facilitators” who teach small groups of pupils using practical exercises. Interaction with both the facilita- The National Bar Examination tors and other pupils is encouraged, and feedback is The National Bar Examination, which is held in provided on each pupil’s performance.47 August of each year, consists of six parts: Legal Writing, which is an open-book exam, and Motion There are also many criticisms of the bar exami- Court, Ethics, Criminal Procedure, nation. Chief among these is that, except for the legal for the High Court, and Civil Procedure for the writing section, it tests academic knowledge and Magistrate’s Court, which are all closed-book pupils’ ability to memorize large volumes of rules exams.40 The written exams are graded internally and principles rather than their ability to perform 48 and then moderated by a panel of three judges. as advocates. One consequence of this type of - Based on the results, some applicants may be re- ing is that many candidates who are highly rated by quired to take oral examinations in September in their respective regional bars and who are competent order to give those students who did not do well to begin practice fail the exam, often by just a few 49 on the written examination the opportunity to show points. that they should pass the bar examination.41 The In addition, since failure in just one subject time between the written and oral portions of the area of the bar exam can mean complete failure of examination is used for remedial teaching.42 pupilage, and since pupils are given no credit for If a pupil fails the bar examination but has passed the practical work they perform under their men- any subject with a grade of 65% or better, he or she tors’ supervision or for the training they receive,50 is exempted from retaking that portion of the exam. an examination-only testing system is not seen as a However, he or she will still have to repeat the one- complete or fair way to judge competence. Indeed, year pupilage since, as noted earlier, failing the bar critics argue that it may exclude some candidates 43 examination results in failing pupilage. The overall who are fit to be advocates and admit some who 44 bar exam pass rate in 2007 increased to 89%, with are not.51 Even more consequential is the fact that some regional bars actually obtaining a 100% pass since few pupils have the resources or stamina to 45 rate. However, the main reason for failing pupilage repeat the entire year of pupilage, this failure effec- continues to be failure of the bar examination. tively bars them from the more recognized means of admission to the profession. Problems with the Advocate Licensing System

Although there has been much praise for the work- Two key contributors to the system52 have sug- book portion of the pupilage course, the lecture gested a number of changes to the National Bar series has been the subject of criticism from both Examination and the system of pupilage, including

The Education and Licensing of Attorneys and Advocates in South Africa 19 • giving supplementary examinations in indi- further improvements clearly are needed in order vidual subjects for pupils who fail one or to open the profession to all law graduates. South more of the subjects, Africa is fortunate to have competent experts avail- able to help redesign the system. What is needed • viewing the examination not as a require- now is support and resources from bar and govern- ment for entry to the profession but as a way ment leaders to implement the needed changes. to identify pupils who need further training before being admitted to practice,53 Th e Li c e n s i n g o f At t o r n e y s a n d t h e • weighting each portion of the examination At t o r n e y s ’ Ad m i s s i o n Ex a m i n a t i o n so that failure in a single subject does not What Attorneys Do necessarily result in complete failure of the exam, and Eighty-seven percent of law graduates who are licensed in South Africa become attorneys rather • assigning credits to each portion of pupilage, than advocates.58 Their practice consists of con- to be considered along with the bar exam sulting with clients directly and performing the score in determining competency.54 bulk of everyday legal work59 such as drafting legal Others have suggested even more extensive changes documents, negotiating settlements, preparing cases such as for presentation in court,60 and conducting trials in the lower courts and upon application in the High • making the entire bar examination an open- Court.61 When necessary, they brief advocates book exam;55 for litigation. They are usually general practitioners, • standardizing pass scores (for example, a working in firms or sometimes independently. firm 50% pass score); With advanced study, attorneys may qualify for two specialized licenses: the and the • enhancing supervision and monitoring of pupils and establishing record keeping so Conveyancer, or property attorney. These require that those pupils who need extra assistance the successful completion of examinations regarding can be detected and so that mentors can be the law, practice, functions, duties, and procedures 62 made more accountable;56 and associated with the specialty.

• providing extra attention to pupils coming Admission Requirements from high-risk categories (such as pupils Requirements for admission as an attorney include with no prior legal experience either as attor- 1. being a citizen or permanent resident of neys, legal advisors, or public , South Africa, at least 21 years of age, and a pupils whose first language is not English, “fit and proper person”;63 and pupils who attended a former homeland 2. obtaining an LL.B. from or recognized by a university).57 South African university;64 Despite the fact that there have been major 3. completing either (a) articles of clerkship changes in the professional training of advocates and (a form of apprenticeship) for two years, (b) a in the bar examination since the end of apartheid, four-month practical training course and one

20 The Bar Examiner, May 2010 year of community service65 or articles, or (c) explained later in this section, alternative paths have two years of community service; since been implemented that allow candidates to 4. completing a five-week legal training either reduce or eliminate this requirement. 66 course; and To complete articles, the candidate attorney, or 5. passing the Attorneys’ Admission Examination graduate, finds a practicing attorney with at least administered by the relevant regional law three years of experience to act as a principal, or society. supervisor, to prepare the can-

To be permitted to practice, an didate for the practice of law. To c o m pl e t e a r t i c l e s , t h e attorney must also possess a The candidate attorney and the c a n d i d a t e a t t o r n e y , o r g r a d u a t e , Fidelity Fund Certificate, issued principal sign a contract that f i n d s a p r a c t i c i n g a t t o r n e y w i t h by his or her corresponding contains an exchange of prom- regional law society, the purpose a t l e a s t t h r e e y e a r s o f e x p e r i e n c e ises, including a pledge by the of which is to insure against t o a c t a s a p r i n c i p a l , o r s u p e r v i - candidate attorney to use dili- misuse of client trust funds.67 s o r , t o p r e p a r e t h e c a n d i d a t e f o r gence, honesty, and confidenti- ality, while the principal agrees t h e p r a c t i c e o f l a w . Th e c a n d i - The Law Society of South to provide proper instruction d a t e a t t o r n e y a n d t h e p r i n c ip a l Africa (LSSA) is the national in the areas of legal practice, s i g n a c o n t r a c t t h a t c o n t a i n s representative umbrella body ethics, and understanding. The 68 for attorneys, but regional a n e x c h a n g e o f p r o m i s e s , i n c l u d - candidate attorney is required law societies are the bodies that i n g a pl e d g e b y t h e c a n d i d a t e to keep a diary of the training license, regulate, and discipline a t t o r n e y t o u s e d ili g e n c e , h o n - he or she receives that must be attorneys.69 To carry out these e s t y , a n d c o n f i d e n t i a li t y , w h il e available to both the principal functions, the four regional t h e p r i n c ip a l a g r e e s t o p r o v i d e and the law society in the prov- law societies are empowered to ince where he or she is located. p r o p e r i n s t r u c t i o n in t h e a r e a s investigate cases of unprofes- The law society at least nomi- o f l e g a l p r a c t i c e , e t h i c s , a n d sional, dishonorable, or unwor- nally oversees the process and u n d e r s t a n d i n g . thy conduct on the part of any is the authority that ultimately attorney, notary public, convey- certifies the candidate attorney. ancer, person serving articles or clerkship, or former Finally, the principal agrees to use his or her best 70 candidate attorney. If a law society finds an attor- efforts to assist the candidate attorney in gaining ney guilty of misconduct, it can fine, reprimand, admission, assuming successful completion of the or either temporarily or permanently suspend the period of articles.72 attorney.71 Since it is the candidate attorney’s responsibil-

Professional Training ity to find the law firm or lawyer for articles, the practical effect of this requirement has been to make Articles of Clerkship it more difficult for nonwhite law graduates to Until 1994, one of the requirements for admission as obtain admission as attorneys. Consequently, reforms an attorney was to complete articles of clerkship. As were instituted in 1994 to provide alternatives to

The Education and Licensing of Attorneys and Advocates in South Africa 21 articles that allow for greater access to the profession. members are in clinical teaching methodology and Law graduates can now fulfill the two-year articles how much time they have to devote to students.78 requirement through either a four-month practical training course and one year of articles or commu- Legal Training Course 73 nity service, or two years of community service. The third statutory admission requirement for all Community service is defined as full-time service candidate attorneys, except for those who have com- related to the application of the law at a legal clinic pleted the five-month practical training course, is a 74 or an office of the Legal Aid Board. five-week legal training course.79 The course consists of two modules and is practice oriented, designed to Practical Training Course supplement the training received during articles or community service regarding the knowledge, skills, The practical training course that qualifies the can- and attitude of a competent attorney and to prepare didate attorney for a reduction of time in serving candidates for the Attorneys’ Admission Examination articles was developed by the Legal Education and (although the course is not required prior to sit- Development Division (L.E.A.D.) of the LSSA. (It ting for the Attorneys’ Admission Examination).80 actually runs for five months, although the statute L.E.A.D. has developed a training course that satis- only requires four.75) An added bonus for those who fies the statutory requirement, and it, rather than take the course is that they are exempted from taking the regional law societies, administers the course.81 the five-week legal training course, which is other- The course is offered at 12 different centers located wise one of the requirements for admission.76 throughout South Africa, 11 of which are attached to The five-month course consists of four modules universities. that focus on practical skills required during prac- tice.77 The pedagogy is designed to be more clinical, The Attorneys’ Admission Examination and instructors use simulations and other teach- The fourth requirement, the Attorneys’ Admission ing methodologies designed to prepare lawyers for Examination, though administered by the four re- practice. Students are divided into “firms” that work gional law societies, is prepared by the Examinations together to complete assigned tasks in competition Committee of the LSSA and is therefore a national with other similarly constituted firms in mock litiga- examination.82 To sit for the Attorneys’ Admission tion. Assessments are provided at the end of each Examination, a candidate must have completed at module, with emphasis placed on the learning of least six months of articles, the community service skills. requirement, or the four-month83 practical training course.84 The instructors are often either members of uni- versity law faculties who have practical legal expe- The exam consists of four sections called papers rience, or full-time practicing attorneys. They are and is offered twice a year over a period of two days. paid at a higher rate than are teachers of university Unlike those taking bar exams in the United States, courses, so such instructorships are prized positions. candidates do not have to complete all portions of According to graduates, the quality of the courses the exam in a designated order during a single exam varies depending on how grounded the faculty period; they have the option of completing the four

22 The Bar Examiner, May 2010 papers in any sequence.85 If a candidate fails any of some LL.B. graduates demonstrate a “shocking” the four papers, he or she may take that paper again lack of numeracy, writing, research, and computer at another sitting. skills.89

The Attorneys’ Admission Examination is a L.E.A.D. has informed the law school deans practical test of candidates’ ability to draft legal that they must introduce coursework in the LL.B. documents, pleadings, motions, and affidavits as program that addresses these deficiencies, and has well as their knowledge of legal procedure and eth- introduced business writing and numeracy courses ics.86 Compared to the bar exam in the United States, in the coursework of the legal practice schools. the Attorneys’ Admission Examination can perhaps In addition, L.E.A.D. has recently announced a be viewed as a hybrid between skills development initiative for

the exam given to law school Th e e x a m c o n s i s t s o f f o u r practicing attorneys and LL.B. graduates and the Attorneys’ graduates.90 s e c t i o n s c a ll e d p a p e r s a n d is Examination given in some U.S. o f f e r e d t w i c e a y e a r o v e r a p e r i o d At the professional training jurisdictions to attorneys who o f t w o d a y s . Un li k e t h o s e t a k i n g level, the problem with the tra- have already been admitted in ditional system of articles, as a different jurisdiction. b a r e x a m s in t h e Un i t e d St a t e s , described previously, is the dif- c a n d i d a t e s d o n o t h a v e t o c o m - The four papers cover ficulty experienced by nonwhite pl e t e a ll p o r t i o n s o f t h e e x a m practice and procedure in the candidate attorneys in obtaining in a d e s i g n a t e d o r d e r d u r i n g a High and Magistrates’ Courts; principals to supervise them.91 criminal procedure and motor s i n g l e e x a m p e r i o d ; t h e y h a v e t h e The suggestion has been made vehicle accidents; the practice, o p t i o n o f c o m pl e t i n g t h e f o u r that, because articles are gener- function, and duties of an attor- p a p e r s in a n y s e q u e n c e . ally required for admission, a ney, including administration state institution should adminis- of estates; and attorney’s book- ter them to ensure that there are 87 keeping. A score of 40% or less on a paper is enough positions for all candidates seeking admis- failing. If a candidate scores between 40% and 49% sion.92 In response, the Law Society argues that the on any paper, he or she is required to complete an problem has been addressed by the ability to reduce oral examination on the subject. A score of 50% or the length of articles or substitute other forms of more generally exempts the candidate from an oral training,93 but the fact remains that only white candi- 88 examination. dates have the full array of alternatives available to fulfill this requirement. Problems with the Attorney Licensing System Problems exist at every level of the attorney licensing Also, many candidates completing articles process in South Africa. As has been described ear- complain that their principals do not provide them lier, the current system of legal education is deficient with the required training, such as supervision in in providing the necessary skills training to equip court, or, even worse, that they are never even sent LL.B. students for practice. The Director of Legal to court.94 Some even claim disrespectful treatment Education and Training for the LSSA has stated that by their principals.95 One remedy suggested is that

The Education and Licensing of Attorneys and Advocates in South Africa 23 96 the Law Society monitor the principals, but it Th e Li c e n s i n g a n d Pr a c t i c e o f has argued that this is not cost-effective and that Fo r e i g n At t o r n e y s requiring more of practitioners who serve as principals will reduce the availability of articling Because South Africa has one of the most important positions.97 In addition, the Law Society argues that economies on the continent, a number of interna- the required five-week legal training course for tional law firms and companies have offices in South most candidate attorneys (not required for those Africa. Current rules allow foreign firms to open who follow the alternate path to articles by offices there under home title (the title granted by taking the practical training course) addresses any the attorney’s home jurisdiction). In that capacity, deficiencies in practical training encountered lawyers working for those firms are permitted to during articles. practice home and international law as well as inter- national finance, project management, and arbitra- Critics complain that the five-week legal train- tion.103 Attorneys licensed outside of South Africa ing course suffers from the same deficiencies as the are not, however, permitted to appear in court or five-month practical training course. The lat- practice in conjunction with or enter into fee-sharing ter, which has proved not to be a solution to the arrangements with South African firms. They are problem of inadequate training during articles, is considered to be practicing foreign law and are seen as using teaching methodologies that concen- therefore considered to be legal consultants and not trate too much on substantive law over practice attorneys or advocates; they are also not subject to skills even though its pedagogy is supposed to be discipline by the law societies.104 practice oriented.98 Additionally, some students, especially those with the least amount of practical In order for foreign lawyers to be permitted to experience, argue that they gain little insight into practice in South African courts, they must have legal practice because the competitive nature of completed the same process as South African attor- 105 the course99 creates a situation in which those who neys. They also must have either South African have more experience end up performing most of citizenship or permanent residency and satisfy the 106 the work, providing little practice to those who court that they are “fit and proper persons.” need it most.100 In fact, the director of Practical Legal Limited concessions have been made to ease the Training at the LSSA states that 90% of those tak- process, primarily for South Africa’s neighbors. For ing the course still feel a need for real-life practical example, the education requirement can be satisfied training.101 if a South African university’s law faculty certifies that the degree held by the applicant has a sylla- Finally, critics of the Attorneys’ Admission bus of instruction and a standard of training that is Examination question its relevance, arguing as equivalent or superior to those of the South African in other countries such as the United States that LL.B. degree.107 Additionally, a degree already desig- the exam does not achieve the purpose of test- nated as certified from a limited number of specified ing the ability to practice as an attorney but rather countries is sufficient.108 (Currently, only degrees tests the ability to memorize substantive law and from Swaziland, Zimbabwe, and TBVC states— procedure.102 former homeland states during apartheid—have that

24 The Bar Examiner, May 2010 designation.)109 Finally, some foreign attorneys (cur- direction with the recent expansion of attorneys’ rently those from Zimbabwe and Namibia) are roles to allow practice in the High Courts. exempted from some admission requirements such These trends and others reflect the changes in as articling and examination,110 while full cross- the legal profession brought about by the global- border practicing rights are only currently available ization of legal practice. The added challenge for to attorneys from Lesotho.111 South Africa has been and remains how to reshape the legal profession, including the judiciary, so that it Ch a l l e n g e s f o r t h e Fu t u r e is more reflective of the country’s population. A controversial question currently being debated in Significant improvements have already been made many countries is whether to require a bar examina- in this regard, as described earlier. Nevertheless, if tion. South African legal education follows that of apartheid’s effect on the legal system is to be elimi- other Commonwealth countries with requirements nated, much more needs to be done to improve both for an LL.B. degree followed by postgraduate appren- opportunities for and the quality of legal education ticeship and practical training. But on the question of and practical skills training for people of color. whether to require passage of a bar examination, the Achieving this goal will require further changes to Commonwealth countries differ. Thus, Australia has the statutory framework and regulations of govern- no bar examination.112 In , those who wish ing organizations as well as to law school curricula to be advocates must have passed a bar examination and postgraduate training. prior to pupilage;113 , on the other hand, need only complete a practical training course and two years of training after the LL.B.114 Similarly, solicitors in England and Wales do not have to take an examination,115 while starting this year, prospec- tive must pass three examinations in Civil Litigation, Criminal Litigation, and Ethics.116

Despite other reforms, South Africa continues to require passage of a bar examination for both attor- neys and advocates. Very little change has occurred Ma r g a r e t (Pe g g y ) Ma i s e l , Associate Professor and Founding Director of the Clinical Program at Florida International University even though the exams have been severely criticized, College of Law, was a Fulbright Professor in 1996 at the University especially because they disproportionately exclude of KwaZulu-Natal in Durban, South Africa, where she was later hired as an Associate Professor from 1997 to 2002. With a col- nonwhite candidates from the profession and are league, Lesley Greenbaum, she published two textbooks that revamped the curriculum for first-year students, Introduction to seen as too academically oriented. Law and Legal Skills and Foundations of South African Law, and she has written and spoken widely on South African legal education and access to justice. Another trend in other Commonwealth countries has been to merge the advocate and attorney profes- No t e s sions into a unified bar as exists in the United States. 1. of Appeal of South Africa, History and This change is well under way in the European Background, http://www.justice.gov.za/sca/historysca.htm (last visited Feb. 8, 2010). 117 Union. Such a merger has been proposed in South 2. Advocates are known as barristers in England, while Africa and there has been some movement in that attorneys are called solicitors. Julian Lonbay, The Education,

The Education and Licensing of Attorneys and Advocates in South Africa 25 Licensing, and Training of Lawyers in the European Union, Part I: 14. Lesley Greenbaum, A History of the Racial Disparities in Legal Cross-Border Practice in Member States, 77 The Bar Examiner Education in South Africa, 3 John Marshall L.J. 1:1, at 11 4:6, at 7 (Nov. 2008). (Summer 2009). 3. General Council of the Bar of South Africa, South African 15. As in U.S. law schools, South African law schools require Legal System, http://www.sabar.co.za/legal-system.html (last that students take , Contracts, visited Jan. 6, 2010). (equivalent to our system of ), Civil Procedure, Criminal Procedure, , Evidence, and Property. 4. Statistics South Africa, Mid-Year Population Estimates 2009, Additionally, , Succession, International available at http://www.statssa.gov.za/publications/P0302/ Law, Interpretation of Statutes, and Corporations, or other P03022009.pdf. These racial classifications were formalized forms of business-related law, are required at all law schools. in the Population Registration Act 30 of 1950, amended in Most, but not all, also require African Customary Law, 1959. The term black was and is still used to include Africans, Family Law, and Labor Law. See University of South Africa, persons of mixed race, and persons of Indian (or Asian) Degree of Bachelor of , available at http://brochure.unisa origin. The term coloured was used for people of mixed-race .ac.za/brochure/data/pdf/03492.pdf; Stellenbosch University origins. Faculty of Law, 2010 Calendar, pp. 14–16 and 278–36, 5. See Peggy Maisel, Expanding and Sustaining Clinical Legal available at http://www.sun.ac.za/university/jaarboek/2010/ Education in Developing Countries: What We Can Learn from Regsgeleerdheid2010Eng.pdf; KwaZulu-Natal Faculty of South Africa, 30 Fordham Int’l L.J. 374, at 374 n.3 (2007). Law, Handbook for 2010, pp. 35–38, available at http:// 6. See Attorneys Act 53 of 1979 [hereinafter Attorneys Act], law.ukzn.ac.za/Libraries/Policies/Fac85Handbook2010.sflb available at http://www.justice.gov.za/legislation/acts/1979 .ashx; University of Cape Town, Faculty of Law, 2010 Hand- -053.pdf, and Admission of Advocates Act 74 of 1964, available book, pp. 6–9, available at http://www.uct.ac.za/downloads/ at http://www.doj.gov.za/legislation/acts/1964-074.pdf, both uct.ac.za/apply/handbooks/fac_law_2010.pdf. amended by Admission of Legal Practitioners Amendment 16. Maisel, supra note 5, at 374 n.2. Act 33 of 1995, available at http://www.justice.gov.za/ 17. Alfreda A. Sellers Diamond, Constitutional Comparisons legislation/acts/1995-033.pdf, and Qualification of Legal and Converging Histories: Historical Developments in Equal Practitioners Amendment Act 78 of 1997, available at http:// Educational Opportunity Under the Fourteenth Amendment www.info.gov.za/view/DownloadFileAction?id=86707. of the United States Constitution and the New South African 7. Admission of Legal Practitioners Amendment Act 33 of Constitution, 26 Hastings Const. L.Q. 853, 874–875 (1999). 1995, available at http://www.justice.gov.za/legislation/acts/ It was believed by the apartheid government that “[t]here 1995-033.pdf. is no place for [the African] in the European community 8. Qualification of Legal Practitioners Amendment Act 78 of above the level of certain forms of labour. It is of no avail 1997, available at http://www.info.gov.za/view/DownloadFile for him to receive a training which has as its aim, absorption Action?id=86707. Prior to this, a five-year LL.B. degree was in the European community.” Consequently, the education required for admission as an advocate, while attorneys were for nonwhites was limited in order to maintain blacks as required to obtain a four-year Baccalaureus Procurationis laborers and servants. SouthAfrica.info, Education in South (B.Proc.) degree recognized by the Board for the Recognition Africa, citing H.F. Verwoerd, the architect of the Bantu of Examinations in Law. Education Act of 1953, http://www.southafrica.info/about/ education/education.htm; last visited Feb. 26, 2010. 9. This was instituted through the Attorneys Amendment Act 115 of 1993, available at http://www.info.gov.za/view/ 18. At Stellenbosch University the primary language of DownloadFileAction?id=89907. instruction at the undergraduate LL.B. level is Afrikaans, while graduate courses are taught in English. Faculty of 10. See Attorneys Act,supra note 6, at §§ 2(1A), 2A. Law Yearbook 2010, at 2, available at http://www.sun.ac.za/ 11. See The Law Society of South Africa, History, http://www.lssa university/jaarboek. The University of the Free State teaches .org.za/Index.cfm?fuseaction=home.page&PageID=9593558 in a “parallel system” where all courses are offered in both (last visited Jan. 7, 2010). English and Afrikaans. Language Policy of the University 12. See Legal Practice Bill, First Working Draft, 2009,available at of the Free State § 3.1, available at http://www.ufs.ac.za/ http://www.lssa.org.za/Uploads/files/Legal%20practice%20 documents/ufs_facts/taal/E_Language%20Policy.pdf. Bill%202009%20working%20draft%201A%20%20August 19. Greenbaum, supra note 14, at 17. %202009%20_2_(1).pdf. 20. General Council of the Bar of South Africa, Do You Want to 13. Qualification of Legal Practitioners Amendment Act 78 of Be an Advocate?, http://www.sabar.co.za/legal-career.html 1997, supra note 8, at §§ 1–2. (last visited Jan. 8, 2010).

26 The Bar Examiner, May 2010 21. Sharon Meadows, Implementing the Right to Counsel in Post- disciplined independent advocates who violate this rule, Apartheid South Africa, 29 Geo. Wash. J. Int’l L. & Econ. 453, and such rulings have been upheld by the Supreme Court at 475 (1995). of Appeals and the Constitutional Court. 22. To prove that he or she is fit and proper to be admitted, an 30. Admission of Advocates Act 74 of 1964, supra note 6, at applicant must provide a testimonial from the dean of the § 7(1). An advocate may be suspended or removed from law school, two personal references, and any information, the bar upon a finding that he or she is not a fit and proper including criminal charges, that may reflect on the candidate’s person to practice, or for failure to maintain citizenship or fitness. KwaZulu-Natal Bar, , Application for residency requirements. An advocate may also be subject to Membership, available at http://www.kznbar.co.za/pupillage fines and criminal prosecution for sharing fees with persons .asp (last visited Feb. 6, 2010). other than other advocates. 23. Admission of Advocates Act 74 of 1964, supra note 6, at 31. These bar associations are separate from those regulating § 3(2). This requirement can also be satisfied by studying at attorneys, which are called Law Societies and are discussed a foreign university in a country designated by the Minister in the section on the licensing of attorneys. of Justice and which a South African university has certified 32. KwaZulu-Natal Bar, Pupillage, http://www.kznbar.co.za/ awards a degree of equal or higher standard to one available pupillage.asp (last visited Jan. 8, 2010). from a South African university. § 3(2)(a)(ii). 33. The General Council of the Bar encourages pupils to be admitted prior to passing the National Bar Examination so 24. Id. at § 3(1). that they will be eligible to practice immediately after pass- 25. General Council of the Bar of South Africa, South African ing the examination. However, this can create a situation in Legal System, http://www.sabar.co.za/legal-system.html (last which a pupil fails the examination but is already admitted visited Jan. 6, 2010). as an advocate. Some in this situation choose to practice 26. The regional bar associations are also known as Societies as independent advocates without passing the examina- of Advocates and are located in major cities that house the tion, becoming members of what is termed the “rebel bar.” high courts. See Peggy Maisel, An Alternative Model to United The majority of advocates who take this route to practice States Bar Examinations: The South African Community Service are reported to be black. See Warren Radloff, Pupillage, 12 Experience in Licensing Attorneys, 20 Ga. St. U. L. Rev. 977, Consultus 3, at 2–4 (Sept. 1999); Nthai, supra note 28. 978 (2004). 34. Chris Marnewick SC, Improving Our Pupillage System Step- 27. See General Council of the Bar of South Africa Uniform by-Step, 19 Advocate 3, at 42–46 (Dec. 2006), available at Rules of Professional Conduct, available at http://www.sabar http://www.sabar.co.za/law-journals/list-of-journals.html. .co.za/ethics_rules.pdf. 35. Lectures cover Legal Writing, Motion Court Practice and 28. In 1999, there were approximately 140 independent Procedure, Ethics, Criminal Procedure and Evidence, and advocates. Independent advocates are not recognized as Preparation for and Conduct of Civil Trials in both the legitimate by the profession and can be generally divided High Court and Magistrate’s Court. KwaZulu-Natal Bar, into two categories: “those who were members of constituent Pupillage, supra note 32. Bars, but had left disgruntled about what they regard as the 36. Id. Bars’ apparent conservatism and their continued reliance 37. The Johannesburg Bar, Pupillage at the Johannesburg Bar, on archaic ethical rules” and those “who attempted to enter http://www.johannesburgbar.co.za/pupillage.html (last vis- the advocates’ profession, but could not pass the National ited Apr. 10, 2010). Bar Examination. The disturbing aspect about this [last] 38. Marnewick, supra note 34. group is that the majority of them are blacks.” Seth A. Nthai, 39. Archie Findley SC, National Bar Examination Board, 14 Advocate’s Ethics: A Need for Reform?, 12 Consultus 2, at 27 Advocate 2, at 36–37 (Aug. 2001), available at http://www (June 1999), available at http://www.sabar.co.za/law-journals/ .sabar.co.za/law-journals/2001/august/2001-august-vol014 list-of-journals.html. Additionally, some choose to become -no2-pp36-37.pdf. independent advocates because they cannot afford to spend 40. Marnewick, supra note 34. one year in pupilage without a means of support. See, e.g., 41. National Bar Examination Board, 16 Advocate 1, at 7 (April J. Joel Baloyi, Why I Intend Joining the Independent Bar, De 2003), available at http://www.sabar.co.za/law-journals/list Rebus, Letters, Jan./Feb. 2007. -of-journals.html. 29. As mentioned above, advocates are not permitted to solicit 42. A.J. Dickson, One-Year Pupillage: A Review, 19 Advocate 3:35, clients directly, a limitation that is usually enforced on them at 35 (Dec. 2006), available at http://www.sabar.co.za/law by the disciplinary process of the GCB and the regional -journals/list-of-journals.html. bars. Nonetheless, upon referral by the GCB the courts have 43. Marnewick, supra note 34.

The Education and Licensing of Attorneys and Advocates in South Africa 27 44. This increased from a 64% pass rate in 2005 and 85% in 2006, be deposed by a person of good standing, preferably an and was a result of the following changes implemented in advocate or attorney, who is not related to the applicant the pupilage system between 2004 and 2006: (1) the increase or affiliated with the firm or legal clinic where the appli- in the period of pupilage from six months to one year, (2) cant fulfilled the apprenticeship requirement. KwaZulu- the creation of a pupilage manual in workbook format Natal Law Society, Admission of Attorneys in Terms of through which pupils learn by doing, (3) providing for a Section 15, available at http://www.lawsoc.co.za/default supplementary examination in Legal Writing at the end .asp?id=1586 (last visited Jan. 10, 2010). The act is currently of the year for those who failed, and (4) increasing the being revised, so these requirements may change. See Legal time between the written and oral portions of the exam to Practice Bill, First Working Draft, 2009, supra note 12. provide time for remedial teaching. Dickson supra note 42, 64. Prior to December 31, 2004, a B.Proc. was also sufficient. at 35–42. 65. Community service is defined as full-time service related to 45. Glenn Goosen SC, Pupillage Programme Continues to Flourish, the application of the law at a legal clinic or at an office of 21 Advocate 3, at 16–19 (Dec. 2008), available at http://www the Legal Aid Board. Attorneys Act,supra note 6, at § 1. .sabar.co.za/law-journals/list-of-journals.html. 66. Those who have completed the four-month practical training 46. See e.g. Marnewick, supra note 34. course that qualifies candidates for a reduction of time in 47. Marnewick, supra note 34. serving articles are not required to complete this course. Id. 48. Id. at § 15(1)(b)(ivA). 49. Dickson, supra note 42. 67. See id. at §§ 25–55; Attorneys Fidelity Fund, http://www 50. Marnewick, supra note 34. .fidfund.co.za/pages/fund_cert_text.htm (last visited Jan. 7, 51. Dickson, supra note 42. 2010). The Fund is a statutory body funded by the interest 52. The two contributors are Chris Marnewick, who at the on practitioners’ trust accounts the objective of which is to request of the GCB developed the practical training protect the public against loss as a result of the theft of trust workbook that has been successfully used since 2004, and funds. A.J. Dickson, the first National Pupilage Coordinator. 68. The Law Society of South Africa, supra note 11. 53. Marnewick, supra note 34. 69. Id. The four regional law societies are the Law Society of 54. Id. the Northern Provinces, the Cape Law Society, the KwaZulu 55. Dickson, supra note 42; Marnewick, supra note 34, at 45. Law Society, and the Free State Law Society. 56. Dickson, supra note 42. 70. Attorneys Act, supra note 6, at § 71(1). 57. Id. 71. Id. at § 72(1). 58. Maisel, supra note 26. 72. Maisel, supra note 26. 59. Meadows, supra note 21, at 475. 73. Attorneys Act,supra note 6, at §§ 2(1A), 2A. 60. University of Cape Town, Faculty of Law, Practising Law 74. Id. at § 1. in South Africa, http://www.law.uct.ac.za/generic.php? m=/ 75. L.E.A.D. School for Legal Practice, available at http://www general/practice.php (last visited Jan. 7, 2010). .lssalead.org.za/Uploads/files/LEAD%20SCHOOLS%20 61. Maisel, supra note 26. However, an attorney does not auto- BROCHURE%20low%20res.pdf. There are currently 10 matically have the right to appear before the High Court. legal practice schools in South Africa, all established after The right to practice before the High Court is acquired 1994, that teach this course. These schools are modeled by applying in writing to the Court and submitting proof after similar schools in Commonwealth countries such as that the attorney has obtained an LL.B. or equivalent legal England, Scotland, and Australia. They are often attached qualifications, and certification by the law society of which to universities although they are separately funded through the attorney is a member that he or she has been practicing the law societies and student tuition. A recent innovation has for three years and is in good standing. Right of Appearance been to make distance learning available to those candidates in Courts Act 62 of 1995 § 4, available at http://www.info.gov who cannot attend a school in person. University of South .za/view/DownloadFileAction?id=70982. Africa Annual Report 2006, at 84, available at http://www 62. Attorneys Act,supra note 6, at §§ 4(c), (d); Maisel, supra note .unisa.ac.za/happening/docsWEBANNUALREPORT_2006 26, at 979 (2004). .pdf. 63. Attorneys Act, supra note 6, § 15, as amended in 1995. To 76. Attorneys Act,supra note 6, at § 15(1)(b)(iv). prove that he or she is fit and proper to be admitted, an 77. The modules train candidates in professional conduct; applicant must provide the court with two certificates of constitutional practice; court procedures, including special character, in affidavit form, by persons who have known application to motor vehicle accidents; insolvency and the candidate for at least two years. These persons must matrimonial matters; drafting of contracts, wills, estates,

28 The Bar Examiner, May 2010 and trusts; commercial litigation; and attorney practice 85. The Attorneys’ Admission Examination, Attorneys Admission management, including attorney’s bookkeeping. In addition, Syllabus (2009), available at http://www.lawsoc.co.za/upload/ modules cover aspects of gender law, advocacy, research, files/syllabus_2009_admission.pdf. drafting, numeracy, and computers. Elective subjects are 86. Id. also provided in , labor dispute resolution, 87. Attorneys Act, supra note 6, at §§ 4(a),(b),(c); Attorneys forms of business enterprise, and aspects of customary Admission Syllabus (2009), supra note 85.

law. Numeracy testing is conducted and, if a candidate is 88. Id. deemed deficient, separate numeracy training is compulsory. 89. Law Society AGM’s: Calls for Proper Training of Candidate L.E.A.D. School for Legal Practice, supra note 75. Attorneys, De Rebus, Feature Articles, Jan./Feb. 2009, available 78. Thuli Mhlungu, Educating and Licensing Attorneys in South at http://www.derebus.org.za. Africa, 20 Ga. St. U. L. Rev. 1005 (2004). 90. L.E.A.D. to Roll Out Massive Skills Development Training with 79. Attorneys Act,supra note 6, at § 15(1)(b)(iv). R18 Million Sasseta Grant, De Rebus, LSSA News and Views, 80. Module I, which prepares candidates for Paper 1 of the Nov. 2009, available at http://www.derebus.org.za. Attorneys’ Admission Examination, covers constitutional 91. See notes 73–­74, supra, and accompanying text. practice, high court practice, magistrate’s court practice, 92. N. Malepa, Having to Serve Articles Is Unconstitutional, De criminal court practice, motor vehicle accident claims, and Rebus, Letters, Nov. 2001, available at http://www.derebus aspects of gender law. Module II, which prepares candi- .org.za. dates for Papers 3 and 4 of the examination, covers wills 93. Emil Boshoff, Reply by Chairperson of the Law Society of South and estates, drafting of contracts, matrimonial law, and Africa’s Standing Committee, De Rebus, Letters, Nov. 2001, electives. Module II also covers legal practice skills such available at http://www.derebus.org.za. These include taking as professional conduct, introduction to practice manage- a practical training course and fulfilling community service. ment, legal costs, attorney’s bookkeeping, value-added tax, See discussion, supra notes 73–74 and accompanying text. and numeracy skills. As with the practical training course, 94. As permitted by the Attorneys Act § 8(1)(a); Simhiwe numeracy skills are assessed, and compulsory training is Mtshengu, Law Society Should Monitor Training, De Rebus, required for those who fail the assessment. Letters, March 2002,available at http://www.derebus.org.za. Full-time courses are not offered over a continuous 95. Mtshengu, supra note 94. five-week training session but instead are scheduled so 96. Mtshengu, supra note 94; Tshepang Monare, Law Society that students can complete Module I in time for the August Should Monitor Candidates’ Training, De Rebus, Letters, Nov. examination and Module II in time for the February exami- 2001, available at http://www.derebus.org.za. nation. Although attendance of the entire course is neces- 97. Boshoff,supra note 93. sary to obtain the required certificate of attendance, can- 98. Mhlungu, supra note 78, at 1010. didates may choose to enroll for certain subjects only, and 99. See notes 77–80, supra, and accompanying text for a the cumulative number of courses attended is considered description of the course. when issuing a certificate. Part-time courses are scheduled 100. Mhlungu, supra note 78, at 1010–11. over approximately four months and prepare candidates 101. Nic Stewart, Is the School for Legal Practice Relevant?, De Rebus, to take the entire examination in August. L.E.A.D. Courses Letters, December 1999, available at http://www.derebus for Candidate Attorneys, available at http://www.lssalead.org .org.za. .za/Uploads/files/A4%20COURSES%20BRO%202010%20 102. Chipa Nong, Is the Exam Still Relevant?, De Rebus, Letters, (ENG)_Final.pdf. Sept. 1999, available at http://www.derebus.org.za. 81. In 2008, the law firm Routledge Modise launched an in- 103. The Law Society of England and Wales, How to Practice house legal training school that was accredited to fulfill in South Africa, http://international.lawsociety.org.uk/ip/ the statutory requirement. However, learning outcome africa/566/practice (last visited Jan. 7, 2010). assessment and practice manuals were provided by L.E.A.D. 104. Prospective Candidate Attorneys and Admission as Attor- Firm Launches New School for Candidate Attorneys, De Rebus, neys: Foreign Qualifications, available at http://www.chr.up Oct. 2008, available at http://www.derebus.org.za. .ac.za/academic_pro/llm2/opps/Prospective%20candidate 82. See Law Society of South Africa Annual Report, April %20attorneys.pdf. 2008 to March 2009, p. 36, available at http://www.lssa.org 105. As described earlier, the process is obtaining an LL.B. from .za/Uploads/files/LSSA%20ANNUAL%20REPORT%20 a South African university, completing articles of clerkship April%2008%20to%20March%2009.pdf. or one of the alternatives, passing the Attorneys’ Admission 83. In practice, this is a five-month training course. Examination, and usually completing a legal training course. 84. Attorneys Act,supra note 6, at § 14. See notes 63–66 and 68–71, supra, and accompanying text.

The Education and Licensing of Attorneys and Advocates in South Africa 29 106. The Law Society of South Africa, Qualification of Foreigners as 113. Regulations as to Intrants, 8–9 ( Ed. Attorneys in South Africa,available at http://www.lssa.org.za/ 2006), available at http://www.advocates.org.uk/downloads/ Uploads/files/QUALIFICATION%20OF%20FOREIGNERS becoming_training/regintrants_2009.pdf. .pdf. 114. The , Diploma in Legal Practice, 107. Attorneys Act,supra note 6, at § 2(cA). http://www.lawscot.org.uk/training/Diploma.aspx (last vis- 108. Id. at § 2(aB). ited Mar. 3, 2010); Two Year Vocational Training, http:// 109. The Law Society of South Africa, Qualification of Foreigners www.lawscot.org.uk/training/Training.aspx (last visited as Attorneys in South Africa,supra note 106. Mar. 3, 2010). 110. Attorneys Act,supra note 6, at § 13; The Law Society of South 115. See The Law Society, Junior Lawyers, Qualification Stages, Africa, Qualification of Foreigners as Attorneys in http://juniorlawyers.lawsociety.org.uk/career/solicitors South Africa, supra note 106. (last visited Mar. 3, 2010). 111. Attorneys Act,supra note 6, at § 17; The Law Society of South 116. See , Vocational Stage, http://www.bar Africa, Qualification of Foreigners as Attorneys in standardsboard.org.uk/Educationandtraining/aboutthebvc South Africa, supra note 106. (last visited Mar. 3, 2010). 112. Murray Hawkins, Questions and Answers: Australian Legal 117. See Lonbay, supra note 2. Education and Bar Admissions, 77 The Bar Examiner 1:11, at 11 (Feb. 2008).

30 The Bar Examiner, May 2010