Organization : Law Society Of South Africa
Examination : Attorney’s Admission Examination
Announcement : Syllabus
Website : http://www.lssa.org.za/
Download Syllabus : https://www.southafricain.com/uploads/7117-ATTORNEYSADMISSION.pdf
ISSA Attorney’s Admission Examination Syllabus
1. Introduction :
1.1 In terms of s14 of the Attorneys Act 53 of 1979, examinations are conducted in respect of :
** s 14 (1) (a) of the Act: High court, magistrates court, criminal procedure and motor vehicle accidents.
Related : IFE Level 4 Certificate Examination : www.southafricain.com/7108.html
** s 14 (1) (b) of the Act: Practical attorney’s bookkeeping.
** s 14 (1) (c) of the Act: The practice, functions and duties of an attorney including administration of estates.
1.2 At present the examination is conducted as follows :
First paper :
** High court, Magistrates court, Motor vehicle accidents, and Criminal procedure. This paper is set as a three hour paper and counts 100 marks.
Second paper :
** Administration of estates. This paper is set as a one and a half hour paper but two hours are allowed for completing it to allow candidates to read the questions carefully before answering them. This paper counts 100 marks.
Third paper :
** General attorney’s practice. This paper is set as a one and a half hour paper but two hours are allowed for completing it to allow candidates to read the questions carefully before answering them. The paper counts 100 marks.
Fourth paper :
** Attorney’s bookkeeping. This paper is set as a one and a half hour paper but two hours are allowed for completing it. The paper counts 100 marks.
1.3 A candidate may complete the four papers of the examination in any sequence. Ideally the papers should be completed simultaneously (see rule 3(2) in the Government Gazette of 8/1/88).
1.4 In general terms, candidates are tested in the written paper on their ability to draft and record matters related to the fields of practice set out above. It is obvious that they cannot be tested without also testing their ability to apply the relevant substantive law. The written test is fundamental to the success or failure of the candidate.
** Candidates who have to present themselves for oral examinations will be tested on their verbal presentation of legal knowledge. Special attention is given to the practical application of the particular fields of law, and to candidates’ knowledge and insight into the ethical standards applicable to an attorney’s practice.
** The examinations are conducted with a view to establishing whether candidates meet these standards. Examination questions may be set with more than one object in view. In a single question, candidates may be tested on their knowledge of the rules and practice in the courts in whose jurisdiction they are examined and, simultaneously, they may be tested on their ability to examine and analyse facts placed before them, to apply the substantive law to the facts and to draft documents logically and coherently based on the facts that are relevant.
1.5 Similarly, a question may test the ability of the candidates to find the applicable law by using facilities such as encyclopaedias, textbooks, journals, indices and the like (whether by electronic means or hard copies), and to reduce such material into an effective letter, opinion or argument before a court or other tribunal. Candidates are also expected to have reasonable practical knowledge of proper procedures to be applied in a well-run office
Paper 1 :
High court :
** The practical application of the High Court Act and rules.
** The ability to draft notices of motion, affidavits and causes of action for a summons, and other notices and documents in respect of which no prescribed forms exist; draft instructions to counsel on pleadings; conduct all types of proceedings in the high court and write letters and opinions.
Magistrates court :
** The practical application of the Magistrates Court Act and rules.
** The ability to draft applications, affidavits, summons, pleadings and other notices and documents except where prescribed forms exist; conduct all types of proceedings in the magistrates court and write letters and opinions.
Motor vehicle accidents :
** Candidates should know all aspects of the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 (as amended), as well as The Road Accident Fund Act 56 of 1996 the regulations promulgated in terms of this Act, s well as the case law, concerning the rights of injured persons and dependants and the procedure relating to the formulation, computation and institution of claims against the Fund.
** As candidates are aware, significant changes to the relevant legislation are pending but are not yet effective. Candidates must ensure that they are aware of the changes as and when they come into operation, questions relating thereto may be included in examination papers.
** Aspects regarding the role of the prosecutor, investigation of crime and the various methods to secure the accused’s attendance in court.
** The procedure relating to a criminal trial, including applications for bail, the procuring of evidence and a general working knowledge of the Criminal Procedure Act with emphasis on ss 3, 6, 20, 23, 24, 26, 27, 30, 34, 35, 37,39, 40, 49, 50, 54, 55, 56, 57, 59, 60, 62, 65, 66, 73, 103, 112, 113, 114, 115, 123, 124, 150, 195, 196, 201,217, 220 and 297.
3.2 Paper 2: Estates
** A general working knowledge of the Administration of Estates Act and its regulations including the drafting of estate accounts, drafting and execution of wills, including testamentary trusts, the application of the law of testate and intestate succession, a knowledge of the principles of estate duty and capital gains tax relating to deceased estates and a rudimentary knowledge of estate planning.
3.3 Paper 3: General attorney’s practice
** Professional ethics figure very prominently in this section. This term means all the rules of professional conduct appertaining to an attorney in his professional life – as an officer of court, in his relationship with his client, colleagues (including those at the Bar) and his staff – also extra-professionally while he remains in the profession.
Paper 4: Attorney’s bookkeeping
** This entails a test in respect of the practical skills necessary for the keeping of attorney’s books of account.
** Candidates must show a thorough knowledge of the concept of trust money and of the essential requirements of the modern double entry bookkeeping system as applied to attorney’s bookkeeping, the functions of the various books of account and must have sufficient practical knowledge of the supervision of bookkeeping to enable them to maintain the books of account required in an attorney’s office.
** They must be able to apply accepted measures, controls and ethical standards to bookkeeping and financial matters. Questions on VAT are included in this paper.
Please note :
** No bookkeeping paper will be provided in the answer books. Candidates must draw the necessary columns for the various books of account required. Pocket calculators may be brought along and utilised for this paper.