Checklist - Admission and Enrolment of An Advocate

Checklist: Admission and enrolment of an advocate in conjunction with Rule 3A of the
Uniform Rules of Court
No. Compliance Source of Check

law
PART V Professional Practice (rules 17-20)
17 Application for admission and enrolment as legal
practitioners Rule
[sections 95(1)(k) and (t) read with sections 24(2)(d), 30(1)(a) and
30(b)(iii)]
1 To be admitted to practise and be authorised to be enrolled as an 17
advocate
2 Applicant must apply to a High Court ito section 24(2) of the LPA, and 17.1.1
3 Simultaneously, lodge an application ito sections 30(1)(a) and 17.1.2
30(b)(iii) of the LPA with the LPC:
• through the Provincial Council where the
applicant Choose the
intends to practise, correct
• or in the case of a person who does not intend to practise, option in the
where that person is ordinarily resident, founding
affidavit for
• for the enrolment of his or her name on the Roll of admission
advocates, or on the Roll of non-practising advocates, as the
case may be,
• which application is treated as an application subject to the
condition that the applicant is duly admitted by the High
Court and authorised to be enrolled as a legal practitioner in
terms of section 30 of the Act.
4 Applicant’s affidavit must set out the information included in 17.2.1 to 17.2
17.2.15
5 Jurisdiction of the Court 17.2.1
6 Applicant’s full names, date of birth, identity number and residential 17.2.2
address
7 Confirm SA citizenship or permanent residence & documentary 17.2.3
evidence
8 Confirm requirements for a degree in section 26(1) of the LPA and 17.2.4
documentary evidence
9 Applicant intends to be enrolled and to practise as an advocate 17.2.5
• with; or Choose the
option
• without a fidelity fund certificate; or
• whether the applicant does not intend to practise
10 Applicant’s main office physical address, postal address, telephone 17.2.6
numbers, mobile telephone numbers, fax numbers, email addresses
Choose the
and other electronic communication contact particulars, if any
correct
options
11 Confirm applicant has undergone all the prescribed practical 17.2.10
vocational training required as a candidate legal practitioner, ito
section 26(1)(c) of the LPA
Cross-refer to the affidavit of the applicant’s training supervisor
(mentor)
12 Confirm applicant has passed the competency-based exam or 17.2.11
assessment for candidate legal practitioners, ito section 26(1)(d) of
the LPA
Attach copy of the LPC results
13 Confirm applicant has complied with community service, if 17.2.12
applicable, or submit proof applicant has been exempted from
section 29
community service
Community service is not yet required for admission
14 Statement of the activities of the applicant, if a period of more than 17.2.13
one year has elapsed between completion of the practical vocational
training contract and the date of the application for admission
15 Confirm (and cross-refer to the mentor’s affidavit) that applicant is 17.2.14
a fit and proper person to be admitted, including a statement as to
whether:
16 • applicant has any previous criminal convictions or has any 17.2.14.1
criminal investigations pending
• If so, set out the full relevant details
17 • Has the applicant been subjected to previous disciplinary 17.2.14.2
proceedings by the LPC or any law society (including society Advocates’
of advocates in the context), university or employer, or societies
whether any such disciplinary proceedings are pending are omitted
• If so, set out the full relevant details in error
18 • Has applicant’s estate been sequestrated, provisionally or 17.2.14.3
finally, or whether there is any application for the
sequestration of his or her estate which is pending
• If so, state whether or not he or she has been rehabilitated
19 Confirm that the originals of all attachments to the affidavit will be 17.2.15
made available to the Court on the date of the hearing of the
application
20 Attach a supporting affidavit by the applicant’s training supervisor. 17.5
For the contents of the affidavit, see the Checklist for the training
supervisor below
21 Copies of the documents in 17.6.1 to 17.6.8 must be attached to the 17.6
founding affidavit of the applicant and must be certified as being true
See rules to
copies of the originals by a notary public or by a commissioner of
certify
oaths
22 Identity document 17.6.1
23 If applicant’s surname does not correspond with the name in the 17.6.2
application, or any other documents attached to the application,
attach a marriage certificate or other proof to reflect the reason for
the discrepancy
24 Degree certificate or certificates 17.6.3
25 Written confirmation the applicant registered with a person or entity 17.6.4
accredited by the LPC to supervise the practical vocational training of
pupils
26 Written confirmation from the LPC confirming the PVT contract has 17.6.5
been registered
27 Where applicable, an agreement relating to the cession of the PVT 17.6.6
contract and written LPC confirmation the cession has been
registered
28 For admission as an advocate intending to practise with a Fidelity 17.6.7
Fund certificate, proof the applicant has satisfied the LPC
requirements ito section 85(1)(b) of the LPA re legal practice
management course, and passed the examination required by
attorneys to reflect the applicant has the required knowledge of
accounting for the keeping of accounting records ito section 87 of the
LPA and for compliance with the LPC accounting rules
29 Attendance of the applicant at an LPC approved PVT course (under 17.6.8
the name of the society of advocates)
30 Comply with service at the seat of the High Court [name of Division] Rule 3A
in terms of Rule 3A Admission of Advocates of the Uniform Rules of Uniform
Court Rules
31 The original and two copies of the application must lie for inspection 17.7
with the LPC for a period of not less than one month. The application
must be properly prepared and bound with an index, all pages of the
application must be paginated at the top right-hand corner of every
page, and all attachments must be clearly marked when the
application is served on the Council
32 An application in terms of this Rule 17 must be accompanied by 17.9
proof of payment of the fee payable in terms of Rule 2
Checklist: Affidavit by the training supervisor
No. Compliance Source Check

of law
PART V Professional Practice (rules 17-20)
17 Application for admission and enrolment as legal
practitioners Rule
[sections 95(1)(k) and (t) read with sections 24(2)(d), 30(1)(a) and
30(b)(iii)]
1 Supporting affidavit containing the following information 17.5
2 Confirm supervisor is a practising advocate, or 17.5.1
Accredited by the LPC to act as a training supervisor of pupils, or
Employed by an entity accredited to provide supervisors who are
qualified to act as training supervisors to pupils
3 Confirm the exact dates the applicant served under the supervision of 17.5.2
his or her training supervisor;
4 Confirm in his or her view whether the applicant is a fit and proper 17.5.3
person to be admitted and enrolled as an advocate

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Checklist: Admission and enrolment of an advocate in conjunction with Rule 3A of the

Uniform Rules of Court

No. Compliance Source of Check

No. Compliance Source Check

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