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One of the requirements of becoming a member of the Society of Advocates is that a period of pupillage is served. In 2004, the General Council of the Bar introduced a new pupillage system, the essential feature of which is that pupillage has been extended to a period of one year during which pupils are closely monitored by mentors and supervisors. The reasons for extending pupillage to one year were two-fold. Firstly, it was recognised that pupillage training could be described as barely adequate and that steps had to be taken to improve the success rate of pupils who write the Nat ional Bar Examination. Secondly, the Legal Practice Bill envisages a “4 + 1” formula, that is four years of an LLB degree and one year's practical experience thereafter. The General Council of the Bar anticipated that it would take time to formulate and implement a new pupillage system based on practical training extending to a period of one year and therefore decided to implement the new pupillage system immediately rather than await enactment of the Legal Practice Bill. Pupillage commences on the 15 th January of each year. For the period of 15 January to 31 August, pupils undergo monitoring, attend instruction courses, participate in practical advocacy training exercises and perform written exercises contained in a training manual. The pupils prepare themselves for the Nat ional Bar Examination during August and undergo written and oral examinations in September. For those who have passed the examinations, an advanced Advocacy Training course is presented in November. December is utilised for further mentoring and preparing for practice. Pupillage is closely monitored and supervised by pupil mentors, pupil supervisors, a pupillage co-ordinator and pupillage instructors. Pupillage mentors are members who have practised for no less than 5 years and are chosen to meet the specific needs of each pupil who is assessed during an interview with members of the Pupillage Committee. Pupil supervisors are Silks who are required to meet with pupils on a bi-monthly basis. The function of the Pupillage Supervisor is to ensure that pupils are properly mentored and that they fulfil all pupillage requirements, both practical and theoretical. Pupillage Instructors are senior members who present lectures in Legal Writing, Motion Court Practice and Procedure, Ethics, Criminal Procedure and Evidence and Preparation for and Conduct of Civil Trials in both the High Court and Magistrate's Court. An important feature of the new pupillage system is that pupils are entitled and encouraged to appear in Court with their mentors and other members of the Bar approved by the pupil's mentor. After the first six months of pupillage and provided the pupil has passed the Nat ional Bar Examination, the pupil may appear independently of the pupil Mentor but only subject to supervision by the Mentor. The following conditions apply when a pupil accepts a brief. Firstly, the pupil remains subject to the overall supervision and direction of the pupil mentor. Secondly, the presiding judge or officer must be informed beforehand of the fact that a pupil is appearing before him or her. Thirdly, the pupil must, when placing himself or herself on record, state clearly his or her status as a pupil. Fourthly, a pupil who accepts a brief must ensure that the instructing attorney is aware that he or she is a pupil. The Bar Council is aware and sensitive to the financial implications of the new pupillage system on pupils. Pupils may take up part-time or casual employment provided that the employment activities are restricted to evenings and weekends. The Bar Council, however, retains the right to require individuals to limit or terminate part-time activities in the event of these interfering with Pupillage. Any person who wishes to undergo pupillage must apply to do so by 30 September of each year by completeing the Application Form and submitting the form to: Interviews with aspirant pupils will be conducted during October and November. Although the period for pupillage for qualified legal practitioners is the same as for pupils who have not yet qualified, provision is made for partial exemption on the following basis. No-one may in any way be exempted from any of the requirements of pupillage if he or she has not practised as a legal practitioner for at least four years. A legal practitioner who has practised for such a period may apply for complete or partial exemption from the requirements of pupillage, subject thereto that no-one may be exempted from the requirement of having to sit and pass the Nat ional Bar Examination and no-one may be exempted from the requirement of having to satisfactorily undergo Advanced Advocacy Training. |
