Annexure “O” – RULE 30 Application for conversion of enrolment by attorneys and advocates

[section 95(1)(x) read with section 32(1)(a)]

Any person duly admitted by the High Court and enrolled to practise as a legal practitioner under the Act may, in the manner prescribed by rule 30.1.2, apply to the Council, through the Provincial Council where the legal practitioner intends to practise, to convert his or her enrolment as an attorney to that of an advocate, and vice versa.

An application for conversion in terms of rule 30.1 shall be in writing and shall contain the following information in respect of the applicant:

his or her full names, date of birth, identity number and residential address;

whether or not he or she practises or is about to commence practice;

if he or she does not practise, his or her business address and personal address and telephone numbers, if any;

the physical address of his or her main office and its postal address, and telephone numbers, mobile telephone numbers, fax numbers, email addresses and other electronic communication contact particulars, if any;

whether he or she conducts practice as an attorney or as an advocate and, in the case of an advocate, whether he or she conducts practice –

in the manner contemplated in section 34(2)(a)(i) of the Act; or

in the manner contemplated in section 34(2)(a)(ii) of the Act;

if he or she is employed by any person who does not practise, the nature of his or her employment and the name and business address and postal address and telephone numbers, if any, of his or her employer;

every court in which he or she has been admitted, and a statement that he or she has not been admitted in any other court.

The Council may require that information referred to in rule 30.2 be submitted in a form to be determined by the Council.

The application referred to in rule 30.1 must be signed by the applicant, and must be accompanied by the following:

proof of payment of the prescribed fee;

a certificate signed by the registrar of every High Court to which the applicant applied for admission to practise that no proceedings are pending or are contemplated to strike the name of the applicant off the roll or to suspend the applicant from practice;

Where the applicant is an attorney applying to convert his or her enrolment to that of an advocate –

a statement indicating whether he or she intends to practise as an advocate and, if so, whether he or she intends to practise with or without a fidelity fund certificate;

proof to the satisfaction of the Council that he or she has the right of appearance in the High Court, the Supreme Court of Appeal and the Constitutional Court in terms of section 25(2) of the Act or in terms of any legislation in force prior to the coming into force of the Act and has undergone such specialised training in advocacy as is required by pupils for admission as advocates, other than training in terms of a contract for the provision of practical vocational training under the supervision of a training supervisor, as provided for in the rules;

such other requirements as the Council may determine.

where the applicant is an advocate applying to convert his or her enrolment to that of an attorney, proof to the satisfaction of the Council –

that the applicant has passed the examination required to be passed by attorneys so as to reflect that the applicant has the required knowledge of accounting for the keeping of accounting records referred to in section 87 of the Act and for compliance with the accounting rules published by the Council from time to time;

that the applicant has attended a legal practice management course as contemplated in section 85(1)(b) of the Act;

that the applicant has been enrolled as an advocate for a period of not less than 12 months, or 3 years in the case of an advocate who has been admitted and enrolled as such without having complied with the requirements of regulation 7 of the regulations under section 109(1)(a) of the Act or without having successfully completed a training course as contemplated in section 112(1)(a)(ii) of the Act ;

such other requirements as the Council may determine.

Where the applicant is an attorney, and the Council is satisfied that the applicant is entitled to convert his or her enrolment to that of an advocate, the Council shall remove the name of the applicant from the roll of attorneys and shall place the name of the applicant on the roll of advocates intending to practice without a fidelity fund certificate, or with a fidelity fund certificate, as the case may be.

Where the applicant is an advocate, and the Council is satisfied that the applicant is entitled to convert his or her enrolment to that of an attorney, the Council shall remove the name of the applicant from the roll of advocates and place the name of the applicant on the roll of attorneys.