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PREPARATORYCOURSELEADINGTOPARTBOFTHE SINGAPOREBAREXAMINATIONS2011

STUDENT HANDBOOK

1. THESINGAPOREINSTITUTEOFLEGALEDUCATION TheSingaporeInstituteofLegalEducation(theInstitute)isastatutorycreature which was established by the recent amendments to the Legal Profession Act (Cap161)(theAct)on3May2011. Inrelationtothepostgraduatelegaleducationandevaluationofthoseseeking admission to the Bar, the Institute has taken over the functions of its predecessor,theBoardofLegalEducation.Someofitsprimaryfunctionsare(i) tomaintainandimprovethestandardsoflegaleducationinSingaporeand,in particular, to review the implementation of initiatives, programmes and curricula relating to legal education in Singapore, including diploma, undergraduate and postgraduate programmes, and continuing professional development [Section 4(1)(a) of the Act] and (ii) to provide for the training, education and examination, by the Institute or by any other body, of qualified persons intending to practise the profession of law in Singapore [Section 4(1)(c)(i)oftheAct].Thoseseekingadmissionasadvocatesandsolicitorsofthe SupremeCourtoftheRepublicofSingaporemustfirstbequalifiedpersonsas definedbytheAct. TheprimaryfocusoftheBarAdmissionsandExaminations(PartB)Office(the Part B Office) of the Institute is the quality of the training and foundational knowledge of legal practice that it gives qualified persons to prepare them for the practise of law in Singapore. Its key role as coordinator of the Preparatory Course leading to Part B of the Singapore Bar Examinations (the Course) ensuresthatitisabletomaintainthatquality. THE PREPARATORY COURSE LEADING TO PART B OF THE SINGAPORE BAR EXAMINATIONS Section13(1)oftheActspecifiesthatnoqualifiedpersonshallbeadmittedasan advocateandsolicitorunlesshe (a) (b) (c) (d) (e) hasattainedtheageof21years; isofgoodcharacter; hassatisfactorilyservedthepracticetrainingperiodapplicabletohim; has attended and satisfactorily completed such courses of instruction as theBoardofDirectorsoftheInstitutemayprescribeundersection10;and has passed such examinations as the Board of Directors of the Institute mayprescribeundersection10.

Section10oftheActinturnempowerstheBoardofDirectorsoftheInstituteto tomakerulesto (i) prescribethecoursesofinstruction,andthesubjectstherein, (ii) to regulate the conduct of a qualified person while attending such a course(includingthroughdisciplinarymeasuresforanymisconduct);and (iii) toprescribetheexaminations,and (iv) toregulatetheconductofaqualifiedpersonduringsuchanexamination (includingthroughdisciplinarymeasuresforanymisconduct); The current legislative framework requires all qualified persons to attend and satisfactorilycompletethePreparatoryCourseleadingtoPartBoftheSingapore Bar Examinations andalso to pass Part B of the Singapore Bar Examinations. A CommitteeappointedfromtheBoardofDirectorsoftheInstitutehasoverview ofthecurriculumoftheCourseandmakesrecommendationsonanychanges. The Course is a fulltime course running for five months. This year, all lectures will be conducted at the Auditorium of the Supreme Court Building, 1 Supreme Court Lane, Singapore 178879. All Advocacy Training, Practice/Drafting classes andTutorialswillbeheldatthecourtroomsoftheSubordinateCourtsBuilding,1 HavelockSquare,Singapore059724.WorkshopsonExploringLawNetandFMS EFSResearchsessionswillbeconductedatthetheLawNetTrainingCentreof the Singapore Academy of Law, situated at level 4 of the Supreme Court Building. Objectives TheCoursehasthefollowingspecificobjectives: (i) toteachandtrainstudentsinprocedurallawandpracticeinSingapore, practicalevidence,andcertainareasofpracticeandthesubstantivelaw relevanttothem; (ii) to train students in the skills of the professional lawyer and to provide opportunitiestopracticetheseskillsundersupervision.

Itwillintroducestudentstotheworkoftheprofessionallawyerinhisoffice,in dealingwithclients,andinthecourts.Emphasiswillbelaidonthetasksthatthe younglawyerwillmeetintheearlyyearsofpractice,andstudentswillbegiven opportunitiestoacquireanddevelopavarietyofpracticalskills.

PRINCIPLESUNDERLYINGTHECOURSE TheCoursehasbeendevelopedbytheBoardasapracticalcoursecoveringthe essential skills an advocate and solicitor must have in the early years of his practice.ThemainprinciplesoftheCourseare: (i) TheCourseaimstobepractical. (ii) Trainingisbasedonparticipation.Thismakesclassesstimulating,butitis vitalthatstudentsarepreparedforthemandthattheypractiseasmuch aspossible. Allpracticaltrainingexercisesareasrealisticaspossible.Mostexercises arebasedonauthenticscenariosandstudentswillgetmostoutofthem iftheytreatthemassuch. The Course will expect students to work as a trainee professional. For example,studentswillbeexpectedtodeveloptimemanagementskillsas wellasclientmanagementskillsandcasemanagementskills. ThecontentoftheCourseisbroadbased,soastocovertheareasthat themajorityofstudentsarelikelytoencounterintheirpracticetraining periodorearlypractice.

(iii)

(iv)

(v)

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COURSEREQUIREMENTS&CODEOFCONDUCT The Course Requirements & Code of Conduct embody the objectives and underlying principles of the Course. The Course requirements clearly set out what students must do to obtain the Institutes certificate for admission as an Advocate & Solicitor. The Code of Conduct sets out how students should or shouldnotbehaveasalawyerintraining. The Course Requirements & Code of Conduct are reproduced on Page 55. Studentsshouldhavereadthemandsignedadeclarationthattheyhaveatthe timeofsubmittingtheirapplicationtoregisterfortheCourse. COURSEANDPRACTICETRAININGPERIOD TheCoursewillcommenceon13July2010. Students may not attend the Course and serve their Practice Training Period concurrently. Unless otherwise provided in the Act, students may not engage in any employment, whetherfulltimeorparttime,without thepriorwritten consent oftheDirector.MoredetailscanbefoundintheCodeofConduct.

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CONTENTSOFCOURSE TheCoursewillbestructuredasfollows: (i) CompulsorySubjects (a) CivilLitigationPractice (b) (c) (d) (e) (f) (g) (ii) ElectiveSubjects CriminalLitigationPractice Corporate&CommercialPractice RealEstatePractice FamilyLawPractice Ethics&ProfessionalResponsibility ProfessionalSkills

There are 6 elective subjects offered in the Course in 2011, which are divided into CategoryAElectivesandCategoryBElectives.Eachstudenthastosuccessfullycomplete 2 elective subjects, one of which must be chosen from each category. The elective subjectsofferedineachcategoryare: CategoryAElectives CategoryBElectives A1AdvancedCorporatePractice A2IntellectualPropertyLawPractice A3TheLawandPracticeofArbitration B1AdmiraltyPractice B2Wills,Probate&Administration B3MediationSkills

NOTE:TheSingaporeInstituteofLegalEducationmayinitsdiscretionamendthe syllabus for the Course or any individual subject as it thinks fit according to the circumstance. (ii) TeachingandExaminations Theaboveexaminablesubjectswillbetaughtthroughlectures,seminars, tutorials, File Management System, assignments and casestudies. A writtenexaminationwillbesetineachofthesevensubjectsattheendof theCourse.StudentswillbeexpectedtodraftinplainEnglish,interalia, agreements, contractual clauses, letters, opinions, court documents and pleadingsandotherdocuments.

AssessmentsforCompulsorySubjects There will be an Assignment and/or Continuous Assessment and /or PracticalAssessment.Theresultsoftheseassessmentswillbeconsidered withtheperformanceinafinalwrittenExaminationinawardingaPass, FailorDistinctiongradetothestudentforthatsubject. AssessmentsforElectiveSubjects CategoryAElectives
ElectiveA1 Assessment: ElectiveA2 Assessment: ElectiveA3 Assessment: AdvancedCorporatePractice

100%FinalWrittenExamination

IntellectualPropertyLawPractice

1writtenassignment30% Finalwrittenexamination70% TheLawandPracticeofArbitration 1writtenassignment20% Finalwrittenexamination80%

CategoryBElectives
ElectiveB1 Assessment: ElectiveB2 Assessment: ElectiveB3 Assessment: AdmiraltyPractice

FinalWrittenExamination100%

Wills,Probate&Administration

1writtenassignment30% Finalwrittenexamination70%

MediationSkills

Practicalassessment:RolePlay70% Writtenassessment30%

Results of Assignments and/or Continuous Assessment and /or Practical Assessment will also be considered with the performance in any final written Examination in awarding a Pass, Fail or Distinction grade to the studentforthatsubject. Studentsmustpasseachsubject.

(iii)

ProfessionalSkills ThroughthesubjectsProfessionalSkills,studentswillpracticeavaietyof thegenericskillscriticalinthepracticeofanyareaoflaw (a) advocacyskills; (b) draftingskills; (c) negotiationskills; (d) mediationadvocacyskills;and (e) clientinterviewingskills. ForDrafting,studentswillberequiredtopreparedraftsandbringthem to the class. Instructors may wish to see each draft at the beginning of each session and go through them point by point or paragraph by paragraph. The Practical Training Exercises are written exercises that appear very much likea brief,thougheachhasinstructionsto students attached, to explainwhattoprepareandhowlongitshouldtake.Theseexercisesare madeavailablewellinadvanceoftheclassestowhichtheyrelate. Thisyear,theLawSocietyofSingaporewillagain conduct theadvocacy training (practical exercise) for the Course. The LawSociety will provide lectures on formulation of case theory, presentation of legal argument (forinterlocutoryapplications,closingsubmissionsandmitigationpleas), examinationinchief and crossexamination. Each student will attend a onedayworkshopinvolvinghandsonpracticeandcoaching,followedby ahalfdayreinforcementworkshop.Studentswillbevideotapedduring performance.Immediatelyafterperformance,theirperformancewillbe reviewedwithinthegroup.Afterthat,thereisanindividualreviewofthe performanceasvideotaped. LecturesonNegotiation,MediationAdcocacyandClientInterviewingthe ensuing practice class will help students to improve their skills in negotiation,decisionmaking,problemsolving,positiveinterviewingskills and equip students with the ability to keep refining those skills in the future. Draftingclasseswillsimilarlybeconductedinaspracticalandrealistica manner as possible, exposing students to the demands of drafting differentdocumentsinvariousareasofpractice.

(iv)

SpecialLectures (a) (b) (c) (d) (e) ProBonoOpportunitesforYoungPractitioners; IntroductiontoEDiscovery; LegalAidBureau; RevenuePractice; LegalTechnology1 ExploringLawNet!inLawNetTrainingCentre: ElectronicFilingSystem(EFS) AdvancedWordFunctions DocumentAssembly/ProcessingTools

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ASSESSMENTSANDASSIGNMENTS FILEMANAGEMENTSYSTEM(FMS) The File Management System (FMS) was introduced in 2003. As part of their training in legal practice, students will be required to conduct a matter by managingafileduringtheCourseapplyingknowledgegainedfromthelectures andtutorials.Thefilewillcoverawiderangeofareasofcivilpracticeandpresent theusuallegalandpracticalproblemsfoundinrealmatters. TheaimofFMSistoenablethestudentstoputtheir learning intopracticeby runningarealisticfileinthearea.Havinghadinstructioninpracticeinthatarea, thestudentisgiveninstructionsandisaskedtohandletheapplication,caseor transactionasitwouldbehandledinpractice. Each student will be assigned to a Mentor, who will monitor the students progress through the Course and to whom the student is directly responsible. TheFMSisanassessablecomponentofCivilProcedure. Assessmentofthefileiscarriedoutinthefollowingways: (a) Allcorrespondencearecheckedandapproved. (b) (c) (d) Majordocumentsarechecked. The student is assessed on his/her preparation and performance and mustachieveasatisfactorystandard. Thefileisassessedattheendtoensurethatthecaseormatterhasbeen managedprofessionally,thoroughlyandwithattentiontodetail,withall

Training will be conducted at the Singapore Academy of Law.

appropriate steps covered within the relevant timeframe and also that thefileiscompleteandthefilingaccurate. CRIMINALPROCEDURECASEMANAGEMENT(CPCM) Criminal Procedure Case Management (CPCM) was introduced in 2004. The emphasis is on ProblemSolving, in order to effectively develop and evaluate strategies for solving a problem or accomplishing an objective presented by a client who has employed the services of a lawyer. A lawyer should be familiar with the skills and concepts involved in problem solving, identifying and diagnosing a problem, generating alternative solutions and strategies, developing a plan of action, implementing the plan and keeping the planning processopentonewinformationandideas. PROFESSIONALRESPONSIBILITY No amount of external regulation of professional practice will serve as an adequate substitute for personal and professional values and standards that lawyers should internalise from their earliest stages of their education and training. Studentsarebestmotivatedandcanacquireunderstandingbyworkingthrough particularfactsituationswhichoccurinthecontextofwhatlawyersdo. Students need to understand the nature of professionalism, the fiduciary obligations of professional lawyers to the Courts, their clients (e.g. conflicts of interest, confidentiality etc), and to third parties, as well as the wider commitmentstovaluessuchastheruleoflaw. Since2005,theBoardintroducedaCaseStudywhichstudentswillberequired to analyze and give their opinion. This forms 30% of the overall grade for ProfessionalResponsibility. FortheProfessionalResponsibilityExamination,SectionAcomprises50Multiple ChoiceQuestions(MCQs)similartotheNewYorkBarExamination2.Ratherthan committomemoryethicalprinciples,itwasdecidedthatitmademoresenseif studentswereabletoapplywhattheyhadlearnttoavarietyofsituations.The answersprovidedareveryclosetoeachother.Studentsarerequiredtochoose thecorrectorbestanswer.

This format is also used in the Bar Vocational Courses conducted by the institutions in the UK, particularly the Inns of Court, School of Law.

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AttendancewillbetakenatthelecturesforProfessionalResponsibility.Please refertotheCodeofConductformoredetails. REAlESTATEPRACTICE Conveyancingisasubjectnotusuallytaughtatuniversities,sostudentsmustbe informedastoboththeoryandpractice. Students will be required to do assignments related to tutorials. These will be assessed. The assignments linked to each tutorial follow the various stages transactionofarealestatepropertythoughtheconveyancingprocess. CORPORATE&COMMERCIALPRACTICE In line with the principles underlying Course, the Board in 2007 introduced a Case Study which will be assessed, forming 30% of the overall grade for Corporate&CommercialPractice. FAMILYLAWPRACTICE&WILLS,PROBATE&ADMINISTRATIONPRACTICE This year, Family Law Practice and Wills, Probate and Administration Practice havebeendistinguishedasseparatesubjectsinordertotogivestudentsgreater andmoreindepthexposuretothepracticalaspectsofbothsubjects. APPLICATION&REGISTRATIONFORTHECOURSE (i) Ther online applications for the 2011 Course (13 July 2011 to 10 December2011)commencedinApril2011. (iii) The fee for the 2011 Course is S$6,420.00 (inclusive 7% GST) for Singapore Citizens, S$7,490.00 (inclusive of 7% GST) for Singapore PermanentResidentsandS$9,095.00(inclusiveof7%GST)forForeigners whoarenotPermanentResidents. (iii) Application were submitted online at the Institutes webpage with the necessarysupportingdocuments LEGALTECHONOLOGY TheSupremeCourtintroducedanelectronicfilingsystem(EFS)forwritactions andchambersapplicationsinMarch1998.Itisnowmandatory. TheSingaporeAcademyofLaw(Academy)hassetupaLawNetTrainingCentre atgreatexpensetotrainalladvocatesandsolicitorsontheuseofEFS.

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Accordingly, the Institute has included EFS as a compulsory practical skill. It consistsofashortintroductorylecture/demoandstudentswillundergotraining inbatches. ExploringLawNet!inLawNetTrainingCentrewillcoverappreciationofLawNet, EFSandstudentswillalsoberequiredtoundertakessearcnedduringtheFMS EFSResearchSessions. LEGALWORKBENCH LawNet introduced the Legal Workbench (LW) in February 1998. The LW is an internetbasedserviceforconductinglegalresearchelectronically. All students will be given access to the LW from 13 July 2011 to 10 December 2011.Passwordswillbedistributedonthedayofregistrationi.e.13July2011. TEA&TALKSESSION The primary purpose of the Tea& TalkSessions is to provide opportunitiesfor studentsspecifically: (i) to meet and get to know Senior Counsels and other experienced advocates and solicitors from law practices other than those in which theyareservingtheirpracticetrainingperiod; (ii) (iii) (iv) tolearnfromthematfirsthandtheirexperiencesattheBar; toexchangeviewswiththeseniorlawyers;and tomaintainthehighstandardsandtraditionsoftheBarinenhancingthe ruleoflawinSingapore.

Informalteaswillbeprecededbyanaddressbyspeciallyselecteddistinguished speakersandpersonalitiesonasubjectofpublicinterestorofparochialinterest to students. The purpose of these talks is to keep students abreast of developments in public and professional affairs as well as to stimulate their interestinthesubjects. Eachstudentmustattend1outof4sessions.Studentswillbeallottedthedays when they are required to attend. The dates and times each session is incorporated into the timetable. Mutual swapping of dates is not allowed. SwappingisonlyallowedwiththepriorwrittenconsentoftheDirector.

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PROBONOENGAGEMENTSWITHCLAS Emphasis has been added to the Course to encourage students to undertake someaspectofprobonowork.ThisalignswiththecallfromtheCourtsformore lawyers to undertake pro bono services in their practice. As such, it is a component of the curriculum of the Course. For this purpose, pro bono attachments with the Criminal Legal Aid Scheme (CLAS) have been arranged. Threestudentspersession(3hourseach)willbeattachedtotheCLASofficeto attendtopublicenquiresunderthesupervisionofitslegallytrainedstaff. Students who have undergone or served a structured pro bono or community engagement (which allowed them to render legal service to the general public without remuneration) will NOT need to undertake the attachment with CLAS. StudentsfromtheLawFacultiesofNUSandSMUhavecommunityserviceorpro bono action modules incorporated into their LL.B programmes and are exempted from this module. Students from foreign approved universities or other programmes may also seek to be exempted from this curriculum requirement if they have undertaken a similar engagement in their undergraduate programme. Applications for exemptions from pro bono attachmentswithCLASmustbemadeinwriting,supportedbyproof,toSenior Director,BarAdmissionsandExaminations(PartB). Thesesessionswillprovideopportunitiesunderproperlegalsupervisionforthe criticalanalysisoflegalprinciplesandskillsandoftheprocessesbywhichthey areapplied,inthecontextofalegalservicewhichendeavourstomeettheneeds ofthecommunity. The programme will also enable students to develop their practical skills and provides training in lawyering skills involving interpersonal relations, such as interviewing, counselling, drafting, negotiations and advocacy. Under the guidanceofvolunteerlawyers,studentswillbemotivatedtolearnandreflecton whattheyaredoing. EXAMINATIONS PartBoftheSingaporeBarExaminationswillbeheldattheendoftheCourse3. Studentswillberequiredtopassineachsubject.Ifnecessary,aSupplementary Examination,eitherinwrittenexaminationorbyvivavocewillbeconductedin JanuaryorFebruary2012.

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Students will be notified of the venue, date and time of the Part B examinations at a later date.

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ADVICETOSTUDENTS (i) Studentsarerecommendedtofamiliarizethemselveswiththefrequently usedtextbooksandreferencebooks,ifpossiblepurchasingtheirownand keepingthemnotedup. (ii) Reference Material folders for each subject containing reading and referencematerials,SpecimenFilesraisingextendedpracticalproblems, will be provided free of charge to registered students. Students should begin reading these material before the Course commences. These are practical materials that serve slightly different purposes for different partsoftheCourse.Insomeareastheyprovidebackgroundreading,and inotherareastheyformthebasisofpracticalclasses. (iii) Syllabus/Reading Lists are uploaded for every subject so that students takingthatsubjectwillknowtheparametersofthesubjectandwhatmay beexaminable. (iv) Statutes.Itisessentialthatstudents(especiallyifreturningfromstudies overseas and if unacquainted with the Singapore Legal system) should quickly familiarize themselves with the parts of Singapore legislation relevanttotheCourse.Alistofprescribedstatuteswillbereleasedby6 July2011viatheStudentPortal.Studentsshouldhaveavailablethemost recent copies of the following statutes and keep them updated as and whenamendedbytheauthoritiesduringtheCourse. (v) Publications.StudentsmaypurchasecopiesofpublicationsfromtheLaw SocietyofSingaporeataspecialstudentprice. (vi) Precedents.Studentsareadvisedtostartbuildinguptheirowncollection of precedents, notes of procedures and similar materials and to keep them properly indexed as they will provide valuable help in the early stagesofpractice. (vii) Periodicals. Students should start reading the professional law journals, such as the Singapore Law Reports, the Singapore Academy of Law JournalsandtheLawGazette,regularly.Thereisawealthofmaterialin such journals about the legal profession and legal practice. If possible, textbooksshouldbenotedupfromthem. (viii) CourtVisits.Studentsshoulduseeveryopportunitytovisitthecourtsin theSubordinateCourtscomplex,theFamilyCourtsandtheHighCourtto listen to cases, and, whenever possible, to discuss them with the practitionersinvolvedinthem.

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(ix)

Students should do their best to work out their own solutions to problems and exercises by research in the library and by reference to standardtextbooksofprecedents. Learning by working over the problem for oneself is often more valuable than being led to or given an answer. It is particularly importantinthepracticalexercisesoncourtskillsthatstudentsshould have prepared their cases to the point that when they attend the practiceclassestheycould,whencalledupon,standupandmaketheir ownpresentationthereandthen.Onlybyhavingthoughtthroughthe casetoaclearawarenessoftheproblemsandthepossibleanswerswill studentsgetthebestvaluefromtheclasses.

(x)

Students should practice drafting letters, pleadings, documents, etc as much as they can. Blind, unintelligent copying from precedents without anunderstandingofthewayinwhichprecedentshavetobeapproached andamendedasnecessarymerelydeprivesthestudentofanopportunity of learning how to do it properly. Students should also note the prohibitionagainstcopyingintheCodeofConduct. A very substantial part of the skills learning and the practice of those skills take place in the context of the Advocacy Classes. Practice papers are made available well in advance of the relevant class. Each practice paper has a sheet of Instructions for Students, which will tell the studentsexactlywhattheyarerequiredtodofortheexercise,andwhich may give them advice and guidance on how to prepare. Always read these instructions carefully before starting the exercise. The following generalprinciplesapplytoallpracticeclasses: (a) ThefocusoneachexerciseisSKILL.Studentsshouldofcourseuse thelawaccuratelybutmanyexerciseswillnotrequireadetailed discussionofspecificlegalissues. The exercises are designed to teach thorough preparation, practiceandexperience,notjustthroughreadingandexperience. Thereisnosinglerightwaytoperformanexercise. Theclassesarecarefullystructuredtohelpstudentsdeveloptheir skillineacharea. Theclassesaredesignedtocoveravarietyofareasandsituations thatthestudentsshouldexperiencebeforetheygointopractice thusthestudentsshouldtrytogetthemosttheycanoutofeach exercise.

(xi)

(b) (c) (d) (e)

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(xii)

Insomeexercisesstudentswillbecalledupontotakepartinroleplaying insimulatedexercisese.g.interviewing,mediation,mocktrialsetc.Some findthisdifficultandembarrassing;manyfinditathoroughlyenjoyable experience.It providesa uniqueopportunity for young lawyers to learn what itfeels like to beon theother side of the lawyers desk. Students willgainmostfromtheseexercisesiftheypreparethoroughlyforthem andputalltheirabilityintothem. Instructorshavebeenaskedtomaketheircommentsonstudentswork andperformanceasconstructiveaspossible.Teachersandstudentsalike willbeparticipatinginalearningsituationandifthestudentislikelytobe nervousorafraidhewillmakeafoolofhimselfetc,itisbetterthatthese difficultiesshouldariseinacontrolledlearningsituationwherenoharm isdoneandstudentsmaylearnhowtocopewiththeproblemandhow to improve their performance. Comments will be friendly and constructive and intended to help. Students should accept such commentsinthatlightandasbeingintheirowninterest.Therecanbe nolossoffaceinlearninginthiswaywiththeproperattitude. DuringtheCourse,studentwillcomeintocontactwithmanymembersof the profession who will willingly place their time, knowledge and experience at the disposal of aspiring members of the Bar. Students should make the best use of the opportunity to learn from them by seeking their advice and discussing problems with them. They should, however, remember that they will obtain assistance most easily from other lawyers and from the members of the judiciary by learning from the outset to approach them with due respect, tact and courtesy at all stages. Learningtobealawyerisnotonlyamatterofknowingthelawandbeing able to apply it to legal problems, but also learning how to deal with factual situations (as much of a young lawyers earlier cases will centre around facts), and being able to deal confidently with the procedures, forms and precedents appropriate to different legal situations. In addition,studentsmustacquireasenseofprofessionalresponsibility,as problems of ethics and etiquette pervade the practice of law. The lawyers duty to the court as well as to his client must be strictly observed,andarestrainedandcourteousresponsetofellowlawyersand opponentsmustbeadoptedasthegeneralrule.

(xiii)

(xiv)

(xv)

(xvi) SMOKING IS STRICTLY PROHIBITED AT THE SUPREME COURT AUDITORIUM, SUBORDINATE COURTS AND FAMILY AND JUVENILE COURT. Students are requested to note that the Supreme Court Auditorium, Subordinate Courts and Family and Juvenile Court are

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includedinTheSmoking(ProhibitionInCertainPlaces)Notification(Cap 310S3(1),1999RevEd). (xvii) SECURITY CLEARANCE at the Family Court, Juvenile Court, Subordinate Courts and Supreme Court is strictly regulated. The following items are prohibited: (a) sharpmetalobjectse.g.pointedhair clip(>3),scissors,nailclipper withblade,knives (b) recordingdevicese.g.camera,tape/voice/videorecorder (c) flammable items e.g. perfumes, sprays, lighter fluid, aerosol with spraynozzle,glassbottles,tools Please note the time allowances to be given for the security clearance especially for a large cohort of students and during lunch time i.e. 1.00 pmto2.00pm. In view of the above, the Supreme Court has designated the right hand sidequeueatthemainentranceforstudents.Signagewillbeplacedand asecuritystaffwillbepositionedatthefrontentrancetoguidestudents andatthesametimetoensureorderliness. Alternatively,studentscanalsomakeuseoftheBasement2Parliament Linkway to access directly to the Auditorium. Students can enter the linkwayviathecarparkstaircasesfromParliamentGreen. 13. PRIZESANDCOURSERESULTS FourprizesareofferedoncompletionoftheCourse: (i) TheAwBoonHawandAwBoonParmemorialprizeforthebeststudent ontheCourse. (ii) (iii) (iv) The Tan Ah Tah book prize for the best student in Professional Responsibility. TheLawSocietyprizeforthebeststudentinAdvocacy. The F.A. Chua book prize for the best student in Criminal Procedure (donatedbytheAttorneyGeneralsChambers).

(v) TheLaiKewChaibookprizeforthebeststudentinCommercialPractice. Theamountofthebookprizesdependsontheamountofinterestearnedonthe capitalsums.TheCourseresultsareusuallyavailableinthemonthofFebruaryor earlier,inthefollowingyear.CourseresultswillbepostedontheInternet.

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MODERNPROFESSIONALLEGALEDUCATION ProfessionalLegalEducationisaimedattwoimportantstagesofdevelopmentof the professional lawyer. The first stage is the stepping stone from academic studyofthelawintotheroughandtumbleofprofessionallife;whilstthesecond stage is continuing legal education after admission to sharpen the skills and knowledgegainedfrompracticalexperience. TheCourseandpracticetrainingperiodarethefirststagethesteppingstone. TheCourseisdesignedtocarrythestudentawayfromtheabstractstudyoflegal principles. Some abstract study is involved, but this time it is directed to the necessaryskillsandtasksofbeingapractisinglawyer. The teaching strategy takes into account students recommendations made to theBoardinpreviousyears.TheBoardwelcomessuggestionsforimprovement from all engaged on the Course; experience with the current programme will naturally have an effect on the later courses. At the end of the Course, a questionnaireisdistributedtoallstudentsfortheircommentsandsuggestions. Singapore As far back as 1955, a report to the University of Malaya by Dato Sir Roland Braddell and Professor R G D Allen (Scheme of Organisation and Courses in SocialStudiesandLaw)whichsubstantiallylaidthefoundationforthepresent Law Schools in Singapore and Malaysia recommended (at p.29) that the local undergraduatedegreebefollowedbyapracticalcourseofsixmonthsduration: ThiscoursewillbecompulsoryforthoseintendingtobecomeAdvocates and Solicitors but will be opened to any other holders of a Bachelor of Laws degree who wish to take it. The present practice of reading in Chambersappearstopresentsomedifficulties; butitwouldbewellifthosetakingthiscoursecouldcombinewithit3to 6 hours a week in the Chambers of an Advocate and Solicitor. There should also be attendance in the Court of Appeal, the High Court, the District Courts and the Magistrates Court in Singapore; and the Bench shouldarrangefacilitiesforthisasfaraspossible. Thecourseisintendedtofitthosewhotakeitforprofessionallifeinthe lawandtosimulatetherequirementsofthatlife.Itwillinclude: (i) Elementarybookkeepingandtrustaccounts: (ii) Etiquette,customsandconventions ofanAdvocateandSolicitor

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inhiscourtandofficepractice; (iii) (iv) (v) (vi) (vii) Advocacywithemphasisuponthenecessityforclearenunciation; ThedraftingofCourtdocuments; ThedraftingofnonCourtdocuments; Therevenuelaw(incometax,customs,deathduties,stampduty (SIC)); Bankruptcylawandpractice;

(viii) Municipallawsandrentrestructions(ifany). Theteachingin(ii),(iii),(iv)and(v)shouldbeasindividualaspossibleand theassistanceofmembersoftheBar,CrownandFederalCounselshould beobtainedsmuchaspossible. For one reason or another, this recommendation was never implemented, although a parttime Postgraduate Practical Course in Law (PLC) was run for manyyears.Twoparttimepilotprogrammeswereconductedin1982and1983 and a fulltime threemonth course in 1984. Those programmes, though still experimental, included student suggestions and recommendations. Further evaluationandchangeswerenodoubtnecessaryastheBoardwasresolvedto improvethestandardofprofessionallegaleducationinSingapore.Theduration of the PLC was extended to four months in 1987. In 1991, there was a major revisiondonetothePLC,toincludemoreskillstraining.From1994thePLCran forfivemonthsandincludedpracticeclassesonnegotiationsandmediation.In 1997, Professional Accounts was removed from the PLC, in view of the amendmentstotheLegalProfessionAct(Act). TherewerefurtherrevampsElectronicFilingSystem(EFS),EduDineandOn theJobTrainingwereintroducedtothePLC.TheFileManagementSystem(FMS) was introduced to the PLC in 2003. In 2004, Problemsolving was extended to Criminal Procedure. In 2005, a Case Study was introduced for Professional ResponsibilityandCommercialPractice.ConveyancingalsohasaSpecimenFile. Legislative changes were made in 2009. Pupillage was replaced by a practice trainingperiodandthePLCunderwentitsfinalrunin2009tobereplacedbythe Coursein2010. BeforeadmissiontopracticeinSingapore,qualifiedpersonsasdefinedunder theAct4,mustservetheprescribedperiodofpracticetrainingperiodandattend suchcoursesofinstructionasmaybeprescribedbytheBoard.TheCourseisthe prescribedinstruction.
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Read with the Legal Profession (Qualified Persons) Rules.

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The Course attempts to tailor some of the more successful practice training techniquestotheneedsoftheSingaporelawyers. OverseasDevelopment England A landmark in the professional legal education in England was the Ormrod Report.ThetrainingprocesswasascendingtotheOrmrodReporttobeplanned onathreestagebasis: (i) Theacademicstage; (ii) Theprofessionalstage,comprising: (a) institutionaltrainingand (b) inhousetraining;and

(iii) Continuingeducationortraining. The academic stage should be taken at a University of its equivalent. The professional stage should consist partly of organised vocational training in an institutional setting and partly of practical experience in a professional setting undersupervision. TheEnglishBarhadofferedthreeandsixmonthsPostFinalPracticalCourses foroverseasstudentsnotgoingintopupillageinEnglandfromtheearly1960s. From 1968 onwards, the Bar Examination and Bar training were being restructured to create the Vocational or Professional Stage after the initial academiceducation.Afteranexperimentalcoursein1969,thefirstfullcourseof this kind attended by all those intending to practise at the English Bar was conductedin1970andtheOrmrodReportineffectapprovedthedirectionthe EnglishBarwastakingtoreformthecontentandnatureoftheExaminationfor Call to the Bar and the new Practical Training in professional skills which had been introduced. The Bar Vocational course was further extensively revised in 1978.Inthatyear,also,theLawSocietyofEnglandandWalesintroduceditsfirst vocationalcourseforsolicitors,witharevisedschemeofeducationandtraining fortheLawSocietysFinalExamination. The implementation of the Ormrod Report was reviewed by the Royal CommissiononLegalServices(in1979).Thisshowedthat: (i) TherewasageneralmovethroughouttheBritishIslestorevisequalifying examinationsforthebranchesoftheprofessionandtoconductpractice
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coursesforoneyearaftertheuniveristyuniversitydegree.Usuallysucha practicecourseisfollowedbyoneyearofpupillage(bar)ortwoyearsof articlesfollowedbyaperiodofrestrictedpractice(solicitors). (ii) (iii) Simulatedexerciseswerethemainvehicleofpracticaltraining. Practice courses relied heavily on the profession for assistance in teachingprofessionalskills.

TheBensonReport(1979) In its review the Benson Report concluded that arrangements for law degrees were generally in keeping with the academic stage envisaged by Ormrod, and sawtherestrictionoftopicscoveredinthegraduateCPEtothesixcoresubjects (ascomparedwithOrmrodsrecommendationforeightsubjects)asreasonable inordertoenable thecourse tobecompletedina year. It recommendedthat mattersbekeptunderreview. On the vocational stage the Benson Report reviewed a range of advantages to commonvocationaleducationpriortospecialisedinservicetraining.Itsawthe existence of separate arrangements as a substantial barrier to common arrangements but went on to recommend simply that on any future occasion whenthepresentsystemsoftrainingarebeingreviewed,theopportunityshould betakentoassimilatethemintoasinglesystemofvocationaltraining. OtherrecommendationsoftheBensonReportincludedsupportfortheteaching ofsocialwelfarelawandcompanylawatoneorbothstagesofeducation,anda range of suggestions for the review and improvement of the Inns dining arrangements. The report recommended numerous system improvements to enhanceinservicetrainingthroughbotharticlesandpupillage.TheCommittees views on articles went beyond the Law Societys developments and an outline alternativemodelwassetout,replacingarticlesbyatwoyearvocationalcourse includingaperiodofplacementworkexperience. The Report suggested that programmes of continuing education should be developedfurtherbybothbranchesoftheprofessionandthattheintroduction ofan obligatorysystem,alreadybeing discussedbytheLawSociety,shouldbe keptunderreview. TheMarreReport(1988) The Marre Report expressed concerns about perceived inadequacies in the academicstageexperienceofstudentsenteringthevocationalstage,referringto theneedforbetterdevelopmentofstudentsintellectualandanalyticalpowers, written and oral communication skills, and abilities in legal research. The

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Committeehadconcludedthattheconceptofcoresubjectsshouldberetained andthatconsiderationbegiventoteachingtrustsandlandlawasacomposite subject. The Committee endorsed the decision already taken by the profession to establish a reconstituted CPE Board providing a common route for nonlaw graduates. Taking into account the rapid growth of the College of Law and the Inns of Court School of Law and wider concerns about the funding of higher education the Committee concluded that the academic stage and vocational stage should not be combined to form a fouryear university or polytechnic course. OnthevocationalstagetheMarreCommitteegavedetailedconsiderationtothe proposalforcommonvocationaltraining,andwhilerecognisingthattherewere argumentsinfavour,themajorityindicatedthatitwasconsideredimprudentto make any positive recommendation without having evidence about a possible scheme and its implications. It was recommended that a joint Legal Education Council (proposed to replace theformer Lord ChancellorsAdvisory Committee on Legal Education) should give the highest priority to investigating the possibilityofacommonsystemofvocationaltraining.Thecommitteeendorsed the revision of the Bars vocational course and recommended that the Law Societyshould considercriticismsof theSolicitorsFinal Courseinitsreviewof arrangementsinprogress. The Marre Report reviewed inservice training confirming that there was no practical alternative to pupillage, or better method of practical training for solicitorsthanarticles.ThemonitoringsystemforarticlesintroducedbytheLaw Society in 1985/6 was seen as effective, and the Bar was encouraged to implementassoonaspossibleacentralsystemsofmonitoringtoinfluencethe contentandqualityofpupillage. TheCourtsandLegalServicesAct1990 The Act followed a Green Paper on The Work and Organisation of the Legal Profession (Cmnd 570) of January 1989, and a White Paper Legal Services: A FrameworkfortheFuture(Cmnd740)ofJuly1989.TheGreenPaperdevoteda chapter and an annex to legal education. In addition to consideration of the growthofspecialisationthePaperraisedquestionsabouttheappropriatenessof tuition at the academic stage reflecting the increasing importance of financial regulationandoftheEuropeanCommunity.Inthecaseofthevocationalstageit was made clear that The Government agrees with the views expressed in the Ormrod,BensonandMarrereportsthattherearestrongargumentsinfavourof acommonsystemofvocationaltrainingtocoverthewholelegalprofession. The1990ActestablishedthepresentLordChancellorsAdvisoryCommitteeon Legal Education and Conduct. The former Advisory Committee has been

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establishedasaresultofrecommendationsbytheOrmrodReport,andhadbeen thesubjectofproposalsforchangebyboththeBensonandMarreReports. In 1989, following a further revision the Vocational Stage could be completed either: (i) by completing the Vocational Course provided by the Council of Legal EducationattheInnsofCourtSchoolofLaw;or (ii) by passing the Bar Examinations. (For those not attending the Inns of CourtSchoolofLaw).

TheVocationalCoursewhichwasintroducedattheInnsofCourtSchoolofLaw inOctober1989forallthosewhointendtopracticeattheBarofEnglandand Walesaimstoprovideapracticaltraininginspecialistskillsrequiredbybarristers andtoensurecompetenceinthoseskills.Thecourseconcentratesparticularlyas thosetasksnotcommonlypreferredbyjuniormembersoftheBarduringtheir secondsixmonthsofpupillageandtheirearlyyearsofpractice,givingstudents as much practice as possible in performing such tasks. Approximately 60% of classcontacttimeinthecourseisdevotedtoskillstraining,withabout40%of class contact time being spent on acquiring substantive legal knowledge. Throughoutthecourse,theneedforpracticalandprofessionalapproachtowork isemphasisedandstudentsarestronglyencouragedtodevelopastrongrespect for the principles of professional conduct. The examinations are now being conductedbytheGeneralCounciloftheBar,England. DevelopmentsattheVocationalStage The New Bar Vocational course was introduced from September 1989. The course was repeatedly oversubscribed with acute pressures on admissions arrangements at the Inns of Court School of Law. The course continued to be developed and refined, while arrangements for students were the subject of specialist consideration in the Barrow Report (1994) to assure equality of opportunity.IntakenumbersattheICSLwereincreasedonanexceptionalbasis tohelpmeetdemandforplaces.In1994theBarcouncilinitiatedconsultationon possiblearrangementstovalidateprovisionofthecourseatcentresinaddition to the ICSL. Subject to all necessary procedures being completed and approval being granted under the statutory framework, the BVC will be validated at universities and private sector providers, including the ICSL, from September 1997. Subjecttoapprovalunderthestatutoryframework,theregulatoryfunctionsof theCouncilofLegalEducationhavebeentransferredtotheGeneralCouncilof the Bar which has established a Department of Education and Training with

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effectfrom1January1996. The Bar has continued to review and develop arrangements for pupillage, the mostrecentproposalsbeingputforwardin1995byaWorkingGroupunderthe chairmanship of The Hon. Mr Justice Hooper. The Bar has also discussed extensivelyschemesofcontinuingeducationandtrainingforbarristers,including inthesecondreportoftheBarCouncilsWorkingpartyonContinuingEducation and Training (under the joint chairmanship of the Hon. Mr Justice Potter and RichardSouthwellQC)proposalsfortheintroductionofaschemeofcompulsory continuingtraining.Schemeproposalshavebeenfurtherdevelopedbuthaveyet tobesubmittedforconsiderationundertheapprovalprocedureslaiddownby Schedule4oftheCourtsandLegalServicesAct1990. In May 1999, the Collyear Report was published. The committee was set up in July1998followingthepublicationoftheGovernmentsproposalsforchangesto rightsofaudienceandrightstoconductlitigation.Itstaskhadbeentoreviewthe qualifications and training requirements for those wishing to practise as barristers. In the course of its work, it also considered other related matters includingcommontraining. An important observation made by the committee was that as the vocational stage of training is directed towards the application of knowledge and skills training, the academic stage is vital for providing a sound basic knowledge of substantive law upon which it can build. The committeefurther recommended that the Bar Vocational Course providers take appropriate action to require studentstodemonstrateknowledge ofkeyareasof substantivelawduringthe course. LegalPracticeCourseforSolicitors5 In May 1990 the Council of the Law Society approved in principle the Training CommitteesreportTrainingTomorrowsSolicitors.Thereportproposedthat theLawSocietysfinalCourseforsolicitorsshouldbereplacedfromSeptember 1993byamorepracticalLegalPracticeCourse.Thecoursewouldbetaughtand assessedbyapprovedinstitutionssubjecttotheSocietyssupervisionexercised through the Legal Practice Course Board. The Board would also be responsible formonitoringthequalityoftheCourse.
5 Recent recommendations have been proposed by the Law Society of England & Wales (see the Times 22nd February 2005). The Law Societys proposal is to scrap the compulsory Legal Practice Course. Scrap the requirement for a law degree or conversion course. Students are to take tailor-made programme of study-unregulated by the Law Society. New qualifying assessments, set by Law Society, are to include work skills and legal knowledge.

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NorthernIreland There is divided legal profession of barristers/advocates and solicitors in other United Kingdom jurisdictions. In Northern Ireland, the Armitage Report (1972) recommended joint training for barristers and solicitors, and following the BromleyReportonProfessionalLegalEducationinNorthernIreland(1985)both branches of the profession threw themselves into a radical new partnership with [an Institute which is part of the Queens University] from 1987 onwards whichhastransformedthefaceofvocationaltraining.TheInstituteofferstwo courses, one for bar students and one for 70 solicitor students. The intending solicitors undertake work experience in solicitors officers from September to January,thenattendthecourseattheInstituteuntilDecemberreturningtotheir officesinvacationperiods,andreturningtotheofficefortheeightmonthspost Institute before being admitted as solicitors. The Bar students do a one week workshadowwiththeirpupilmastersinmidSeptember,thencommencetheir vocational course at the Institute, overlapping for three months with the previous years intake of solicitors, and from January until June with the new intake.TheyarecalledtotheBarinSeptemberandcommencepupilageforone year.Duringthesecondsixmonthsofpupillagetheymayundertakepaidwork. Thisisbestdescribedasjointratherthancommontraining.Eightypercentof thesubjectsaretakentogether,withstudentsattendingthesamelecturesbut notnecessarilythesametutorialsorpracticesessions.Thesubjectstakenjointly are criminal procedure, High Court and County court procedure, tribunals, consumer, family, licensing, criminal injuries, wills, European practice, basic drafting,accounts,revenue,whatworksforusisadaytoday,visibleeffective partnership between provider and teachers and active members of the profession.Thisexperiencesuggesttousthatthereis,indeed,acommoncore of education and training but there are also differences where a divided legal profession exists. The joint training has, in practice, led to a large area of commonalitywithvaluablecrossfertilisationofideasbetweenbarandsolicitor students and among teachers from different branches of the practising profession. Scotland InScotlandsince1980allintendingentrantstobothbranchesoftheprofession mustembarkonaoneyearfulltimepostgraduatecourse,theDiplomainLegal Practice. This consist of conveyancing (including planning), civil procedure and advocacy,criminalprocedureandadvocacy,willandtrusts,finance,taxationand investment,accountancy, professionalresponsibility,andachoice offormation andmanagementofcompaniesorpublicadministration.TheDiplomaistaught almost exclusively by parttime practitioners most of whom are solicitors. It is administeredineachofthefiveuniversities(eachofwhichalsooffersqualifying law degrees) by fulltime academic lawyers who are also solicitors. Following

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upon the Diploma, all those wishing to become solicitors must undertake two years inservice training in an office; intending advocates must do at least 12 monthsinasolicitorsofficefollowedbyninemonthspupillage/devilling,half on civil business and half on criminal business. An intending solicitor does not need to take further examinations, but an entrant to the Faculty of Advocates must pass an additional examination in evidence and procedure and also in professional responsibility. There is a rigorous advocacy training course. After oneyearoftrainingasolicitormayapplyforalimitedpracticecertificatewhich allows the individual to appear in court, but does not permit entering into a partnership or requirements. To be admitted as a solicitor with higher court rightsofaudience,thesolicitormusthaverelevantexperienceofcourtworkfor notlessthanfiveyearsimmediatelypriortotheapplicationandmustundertake training, a sittingin period, and examinations. Despite the existence of a large measure of common training and work experience, the separate needs of advocateshavebeencateredforbyanincreasingamountofspecialisttraining. UnitedStatesofAmerica6 ToobtainalicencetopractiselawintheUnitedStates,alllawschoolgraduates mustapplyforbaradmissionthroughastateboardofbarexaminers.Mostoften thisBoardisanagencyofthehigheststatecourtinthejurisdictionbutinsome instancestheBoardisconnectedmorecloselytothestatesbarassociation.The criteria for eligibility to take the bar examination or otherwise qualify for bar admissionaresetbyeachstate,notbytheAmericanBarAssociationorthelocal professionalassociationofthestate.Usually,therulesforadmissioninthestate are promulgated by the Supreme Court of the state although in a minority of statesthereisalsoastatutoryframework. Foradmissiontothebar,applicantsmustholdalawdegreefromalawschool accredited by the American Bar Association or which otherwise meets the educationalstandards set by the state boardof bar examiners. Theymust also achieveapassingscoreonthebarexaminationforthestate. Most American law schools require students to have completed a four year bachelors degree from an accredited college or university. Indeed, the admission rules in a majority of states specify a period of prelaw education eitherintermsofabachelordegreefromanaccreditedcollegeoruniversityor completion of two years study at college. A significant minority of states, however,donotspecifyanyprelegaleducation.
6 The admission requirements in the United States of America, Australia, Canada, New Zealand and Mainland China have been reproduced from the Consultation Paper on the Legal Education and Training in Hong Kong: Preliminary Review prepared for the Steering Committee by Professor Paul Redmond and Professor Christopher Roper. Reproduced with the kind permission of Professor Christopher Roper.

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Themostcommonformatforthestatebarexaminationisatwodayassessment process. The first day is devoted to the Multistate Bar Examination (MBE). The MBEisdevelopedbyNationalConferenceofBarExaminersandisadministered by participating jurisdictions on the last Wednesday in February and the last Wednesday in July each year. The MBE is an objective six hours examination containing200multiplechoicequestions. Theseconddayoftestingistypicallycomprisedofessaysdrawnfromabroader range of subject matter, many of them specifically devised by individual state boards of bar examiners, although in a number of states nationally developed tests such as the Multistate Essay Examination (MEE) and the Multistate Performance Test (MPT) are used to round out the test. The Multistate Essay Examinationisathreehourexaminationconsistingofsixquestions. The primary distinction between the MEE and the MBE is that the former requires the applicant to demonstrate ability to communicate in writing effectively. Inaddition,mostjurisdictionsrequirethatanapplicantforadmissionpresentan acceptable score on the Multistate Professional Responsibility Examination (MPRE),a50question,twohour,multiplechoiceexamination.Theexamination isseparatelyadministeredthreetimesannually.Therequirementsforaccepting anMPREscorevaryfromjurisdictiontojurisdiction. There is no equivalent of the trainee solicitor contract in the United States. Greateremphasisisgenerallyplacedon practicalskillsdevelopmentinthe law degree. Australia Australia isafederationand thegovernanceofadmissiontopractice occursat the state or territorial, not the federal, level. The result is that there is some diversity although, in fact, the system of legal education is, in most respects, fairlyuniform. Academicstage There are 28 law schools. Almost all school leavers undertake a combined law degree, which is a law degree undertaken in parallel with a second degree in another discipline. The most common second degrees are arts, commerce, economicsorbusiness,althoughdegreescombinedwithmanyotherdisciplines, suchasscienceorcomputertechnology,arealsoundertaken.Thenormallength of a combined degree is five years at the completion of which the student graduateswithtwodegrees.

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Institutionaltraining The next stage, the institutional training stage, differs somewhat in the various Australian jurisdictions. Only in Queensland is there still a completely divided profession.Inallotherslawgraduatesareadmittedaslegalpractitioners,oras barristers&solicitors,andthusundertakecommonvocationaltraining.Inthree states, the bar offers a training programme for new barristers, but this takes placeafteradmissiontopracticeand,ineffect,buildsonthecommonvocational trainingtheyhavealreadyundertaken. The form of vocational training varies between the jurisdictions. Originally articlesofclerkshipweretheonlyformofpracticaltrainingforthosebecoming solicitors.Now,insomestates,articleshavebeenreplacedbyinstitutionbased practicaltrainingcourses(somewhatequivalenttothePCLLinHongKong).Most of these have some work experience or a placement built into them. In two states,VictoriaandQueensland,articlesandinstitutionbasedpracticaltraining are alternative forms of vocational training. In Western Australia and the Northern Territory articles of clerkship are the only form of vocational preparation. Thereisanopennesstovaryingformsofvocationallegaleducation.Perhapsthe most interesting is the law degree7 at the University of Newcastle where practicaltrainingisintegratedintothelawdegree.Studentsundertakepractical trainingandparticipateinalegalclinicoverthelasttwoyearsoftheirfiveyear lawdegree.Duringthefirstthreeyearstheyalsoparticipateinanumberofskills programmes. The practical training courses vary in length. The longest (Queensland) is one academicyearbutsomeareasshortas15weeks(NewSouthWales). Inallstatesandterritoriestherequirementsforvocationaltrainingaresetbythe admitting authority in that jurisdiction, not the professional body/ies. The admitting authorities are established by statute. They set the requirements for admission,andadministerthesystem8. Intraining Articlesofclerkship are theequivalentof thetrainee solicitorcontract.InNew SouthWalesthepracticaltrainingcourse(availablefromanumberofproviders andofvaryinglength,butgenerallyatleast15weeks)isfollowedbya15week periodofpracticalexperienceinalegalenvironment.Althoughthisisthenorm,
7 8 Similar integrated degree are also now found in England For further details, see the Lawyers Admission Handbook, (later edition), Centre for Legal Education.

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some providers have different combinations of institutional training and practicalexperience. WithsuchdiversityofpracticaltraininginAustralia,therearesustainedmovesat themomenttoachievecommonstandards,butallowflexibilitytomeetthemin variousformsofpracticaltrainingcourses,articlesofclerkshipandcombinations of institutional training and practical experience. The move towards the adoption of common standards is being led by the Australasian Professional LegalEducationCouncil(APLEC),whichisthecouncilofpracticaltrainingcourses in Australia, New Zealand and Papua New Guinea, and the Law Admissions Consultative Committee (LACC)9. A new standard is about to be distributed for consultation. Admission The professional bodies do not have direct responsibility for admission. In all jurisdictions there is a law admitting authority, which is normally a statutory body. Its membership comprises judges, representatives of the professional body/ies, usually representatives of the law schools, and in some cases others suchasthegovernmentorthecommunity.Thesebodiesmakerulessettingout the requirements for admission; in particular the requirements at each of the stages. These admitting authorities receive and consider applications for admissionandmakerecommendationsastowhetherapersonisqualified,and fit,tobeadmitted.ThatrecommendationismadetotheSupremeCourtinthe jurisdiction.Thecourtisthebodywhichactuallyadmitsapersontopractice. OnlyinQueenslandisapersonadmittedaseitherabarristerorasolicitor.Inthe other jurisdictions the person is admitted by the court and then goes to the relevantprofessionalbodytoobtainapractisingcertificate.Insomejurisdictions (NewSouthWalesandVictoria)thereisaseparatebar.Inotherjurisdictionsthe profession is merged and the law society issues the only practising certificate available although in these jurisdictions it is possible to practise solely as a barrister. Canada The governing bodies of the legal profession in each of the provinces have varying requirements for admission to the practice of the law. To qualify for admission,thegeneralrequirementisthatstudentsmustcompletealawdegree from a recognised Canadian university, typically a threeyear LLB degree or a threeyear civil law degree if the student is applying for admission in Quebec. Mostlawschoolswillonlyadmitstudentswhoholdabachelorsdegreeorhave
9 LACC is a committee of law admitting authorities and sub-committee of the Council of Chief Justices.

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doneatleastthreeyearsofundergraduatework.Thereisnorequirementasto the field in which that prelaw degree or work is taken. The law degree will typically include treatment of procedure, legal ethics and, not uncommonly, someinterpersonalskillsrequiredforthepracticeoflaw. In the year following graduation from the LLB programme, students must articleinordertofulfilrequirementsforbeingcalledtothebarinaCanadian province. After completing a law degree, the student applies to the provincial law society for enrolment as an articled clerk for a year. Articling requires working in a law office or legal department under the supervision of a lawyer. During the period of articles, the graduate will complete the governing bodys professionallegaltrainingcourseintheprovincewhichistypicallyofaboutten weeksdurationandisconductedbyaninstitutionestablishedbythelawsociety of the province. The professional legal training course focuses on substantive and procedural law, practice methodology, skills training, law office management and accounting, and professional responsibilities. In Canada the institution will have been specially created for the purpose of providing professionallegaltraining.Inthecourseofthattraining,thestudentmustpassa comprehensive set of examinations and skills assessments with a view to ensuring a clearly demonstrated level of proficiency prior to admission. Upon successfulcompletionofthearticlingperiodandtheexaminationprocessofthe society,thestudentappliesformembershipintheprovinciallawsociety. NewZealand Academicstage There are five law schools in New Zealand. There is a prescription in regard to coresubjects,whichissetbytheCouncilofLegalEducation.TheCouncilofLegal Educationisastatutorybodyitisdescribedbelow. Institutionaltraining All law graduates seeking admission to practice undertake a 13 week practical training course, which is offered by the Institute of Professional Legal Studies (IPLS). The courseof theIPLSisofferedinthefivecitieswherethefeedinglaw schoolsaresituated,andinsome,butnotall,casesisofferedontheuniversity campus.However,theIPLSisnotpartoftheuniversities,butisaseparatebody under the control of the Council of Legal Education. The IPLS course is a skills basedcourse.ThoseteachinginitareemployedbytheIPLSandarepeoplewho havepractisedbeforetheirappointment.

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Intraining ThereisnointrainingstageinNewZealand.AftercompletionoftheIPLScourse a person is qualified for admission to practice. However, once in practice, a solicitorcannotpractiseinsolepracticeorasapartnerforthreeyears,butonly asanemployedsolicitor10. Admission Thequalifications,academicandpractical,requiredforadmissiontopracticeare set by the Council of Legal Education. This is a statutory body and has rule makingpower.Itcomprisesrepresentativesfromthejudiciary,theLawSociety, the university law schools and some others. Applications for admission are not processedbyitbutratherbytheHighCourtregistry.TheCourtitselfisthebody whichadmitsapersontopractice. MainlandChina ToqualifyasalawyerinMainlandChina,anapplicantmust 1. obtain a law degree from an institute of higher education, usually requiringfouryearsfulltimestudywhichneednotbeinlaw11;and 2. passthenationalqualifyingexaminationforintendinglawyers. However, to obtain practising rights as a lawyer, it is necessary, in addition, to complete one years traineeship in a law office or firm and be of good character.12 In practice, however, to take the national qualifying examination for intending lawyers, candidates are required either to have at least four years of formal educationinanydisciplineortohavethesameleveloftrainingacquiredthrough other means. This same level requirement (article 7 of the Law on Lawyers, 1996)providesasignificantalternativeroutetothenationalexaminationwhich istherealpointofdifficultyqualifyingforapplicationforapractisingcertificate. Theothermodeofentryistoapplydirectlyuponthebasisofholdingasenior academicpositioninalawteachingorresearchinstitutionorworkinginacourt orprocurateforthreeyearsorinalawfirmforoneyearafterobtaininganLLM
10 11 12 The only exception is those practicing as barrister sole. Apart from the four-year LLB degree, a number of universities are offering a law programme for graduates in another discipline, often called the new Master of Legal Studies AHY Chen, An Introduction to the Legal System of the Peoples Republic of China (1998), p219.

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or PhD in law: see article 7 of the Law on Lawyers. In 1986 the national professionalqualifyingexaminationforintendinglawyerswasprescribed.Under this system examinations are held every two years. Albert Chen writes that 90,000 candidates sat for the 1988 examination and 10% passed and obtained the qualification of lawyer. It is understood that there continues to be a high failurerateinthenationalqualifyingexamination. Therearemorethan300lawschoolsordepartmentsintheMainland,enrolling morethan60,000lawstudents. Asia InAsia,thereisoneyearfulltimepracticecoursesconductedinHongKongand Papua New Guinea. In Hong Kong to enter the legal profession as a trainee solicitor or as pupil barrister, students are required to take the Postgraduate Certificate in Laws (PCCL). Malaysia has a fulltime Special Law Course running for 9 months, and awards a Certificate in Legal Practice upon successful completion. Both Indonesia and Philippines have law centres that run short practicecoursesforparticularpurposes. India India is also restructuring towards an academic degree followed by a professional year. The Bar Council of India recently specified that, as part of a new curriculum for all Indian law schools, a compulsory practical training programmustincludelegalwritinganddrafting. **********

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COURSEREQUIREMENTS 1. Summary 1.1 EverystudentwhoattendsthePreparatoryCourseleadingtoPartBofthe SingaporeBarExaminations(theCourse)isexpectedtoattaininevery aspect of the Course the standard of professional and technical competence and the standard of professional decorum and conduct which the Judges of the Supreme Court, a reasonable employer and a reasonable client would expect of and consider satisfactory in an advocateandsolicitorinthefirstyearofpractice. 1.2 Those two standards are known in this Code respectively as a satisfactory standard of competence and a satisfactory standard of conduct. 1.3 To obtain the Institutes certificate as required under Rules 25(4) and 26(4)oftheLegalProfession(Admission)Rules,everystudentmust: (1) Completetoasatisfactorystandardofcompetenceallinstruction, exercises, assignments and Case Studies set during the Course. This includes the exercises set in tutorials, drafting and practice classes, Advocacy Training Programme and Exploring LawNet! Workshops; (2) Fulfil to a satisfactory standard of competence the requirements of the File Management System (FMS) and the Criminal ProcedureCaseManagement(CPCM).Thisincludesmaintaining aprofessionalattitudeandmeetingalldeadlines; (3) Passthewrittenexaminationsinallsubjectsthathavethisformof assessment;and (4) AttainasatisfactorystandardofconductthroughouttheCoursein accordance with the Code of Conduct issued by the Senior DirectoroftheCoursefromtimetotime. EvaluationandAssessment 2.1 Thematerialsforeachtopicwillsetouttheinstructionstobecomplied with and the exercises, assignments and Case Studies to be completed. Every student is expected to be familiar with all the instructions and to complywiththem.

2.

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2.2

The tutors, facilitators and instructors will evaluate every students standard of competence in the exercises set in tutorials, drafting and practice classes, Advocacy Training Programme, and Workshops on EFS, TechnologyAwarenessandLitigationToolsinthefollowingareas: (1) Adequacyofpreparation; (2) (3) (4) (5) Graspofmainissues; Abilitytoapplyknowledge; Abilitytouseskillstaught;and Meaningfulparticipationinclassdiscussion.

2.5

Anyworkthatissubmittedlateorperformedinbreachofadeadlinemay be penalised. A written explanation for the delay or breach must be submitted to the Deputy Director of the Course within 24 hours of the deadline. If a particular student has failed to attain a satisfactory standard of competence in any task or assignment, the Senior Director may require the student to undertake supplementary or remedial work to offer the student a further opportunity to attain a satisfactory standard of competence.Thissupplementaryorremedialworkmustbecompletedto asatisfactorystandardofcompetencewithinthespecifiedtimelimit. If a student persistently fails to attain a satisfactory standard of competence, the Senior Director may require the student to attend an interviewwiththeSeniorDirectortoascertainthereasonstherefore. If the student is unable to satisfy the Senior Director that he or she is capable of attaining a satisfactory standard of competence, he may be askedtowithdrawfromtheCourse.

2.6

2.7

2.8

**********

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SINGAPOREINSTITUEOFLEGALEDUCATION (asat3MAY2011) MembersoftheBoardofSingaporeInstituteLegalEducation: TheHonourableJusticeVKRAJAH(Chairman) TheHonourableAttorneyGeneralMrSundareshMENON,S.C.(ViceChairman) TheHonourableJusticeAndrewPHANGBoonLeong(ViceChairman) ProfWalterWOON,S.C.(Dean) MrWONGMengMeng,S.C.(ExOfficio) ProfTANChengHan,S.C.(ExOfficio) ProfMichaelFURMSTON(ExOfficio) MsKalaANANDARAJAH(Members) MsMargaretCHEW(Members) MrDavidCHONG,S.C.(Members) MrGeorgeLIM,S.C.(Members) ProfJeffreyPINSLER,S.C.(Members) MrDilhanPillaySANDRASEGARA(Members) MsValerieTHEAN(Members) MsSereneWEEKhengLian(Members) ProfYEOTiongMin(Members)

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MainOffice ExecutiveDirector: MrDavidQuark SeniorExecutive: MsAlexisOng BarAdmissions&Examinations(PartB)Office SeniorDirector: MrPatrickNathan DeputyDirector: MrFerlinJayatissa SeniorExecutive: MsMazlinMistaam Officers: MsJasmineNg(SeniorCorporateSupportOfficer) MsTriciaTan(SeniorCorporateSupportOfficer) MrRawiMawi(OperationsSupportOfficer)

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ACKNOWLEDGEMENTS The Institute wishes to thank the following Singapore bodies or departments for their assistance in the preparation of the course, manuals or exercises and in a variety of waysnotsufficientlyacknowledgedbynamingindividualconsultantsfromthesebodies ordepartments: TheHonourableTheChiefJustice. TheHonourableAttorneyGeneralandhisstaff. TheHighCourtJudges. TheRegistrarandstaffoftheSupremeCourt. TheChiefDistrictJudge,RegistrarandstaffoftheSubordinateCourtsandtheFamily andJuvenileCourt. ThePresident,TheCouncil,ChiefExecutiveOfficerandstaffoftheLawSocietyof Singapore,andtheCriminalLegalAidScheme. TheChiefExecutiveandstaffoftheSingaporeAcademyofLaw. TheDean,ViceDeanandstaff,FacultyofLaw,NationalUniversityofSingapore. TheDean,ViceDeanandstaff,FacultyofLaw,SingaporeManagementUniversity. TheJudicialandLegalOfficers. ThePractisingProfession. ThePrincipalandMrGohKheeSeng(OperationManager1),VictoriaSchool.

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