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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Schedules

Third Schedule

(First Part) Form of Articles of Clerkship

 

THIRD SCHEDULE

 

(FIRST PART) FORM OF ARTICLES OF CLERKSHIP

 

 

ARTICLES OF CLERKSHIP made and entered into at ________________________________________on this ___________ day of __________________________________________________ 20________, by and between ____________________________________________________________________________an attorney of the [•] Provincial Division of the High Court of South Africa (hereinafter referred to as the principal) and ______________________________________born on ____________(hereinafter referred to as the candidate attorney) in terms of which:

 

1. the candidate attorney binds himself or herself and undertakes:
1.1 to serve the principal diligently, honestly, properly and confidentially in his or her profession as an attorney in the [●] Province for ___________ consecutive years from the date hereof;
1.2 to execute, at all times, all lawful instructions given to him or her by the principal or any partners of the principal or any person placed in authority over the candidate attorney by the principal or any partners of the principal;
1.3 not to absent himself or herself from his or her employment by the principal without the principal's prior consent;
1.4 not to engage in any business whatsoever other than that of the candidate attorney without the written consent of the principal and the Council of (INSERT THE NAME OF THE LAW SOCIETY)                                                                  

 

2. the principal undertakes that:
2.1 he or she will use his or her efforts to teach and instruct the candidate attorney in the practice and profession of an attorney;
2.2 provided that the candidate attorney has served his or her period of articles properly and is in the principal's opinion a fit and proper person for admission, the principal will use his or her best efforts to procure the admission of the candidate attorney as an attorney of the [●] Provincial Division of the High Court of South Africa;

 

3. should the principal discontinue his or her practice in the [●] Province he or she shall not thereafter be bound by these articles but shall, if requested by the candidate attorney, cede these articles to an attorney practising in the said province;

 

4. should the clerk:
4.1 not serve the period of articles properly in terms of these articles;
4.2 commit a breach of any of these articles; or
4.3 be guilty of any misconduct, then the principal will be entitled to cancel these articles, and dismiss the candidate attorney from his or her employment.

 

In witness whereof the parties have hereunto set their hands at _______________________ on the day, month and year aforementioned, in the presence of the undersigned witnesses.

 

As witnesses

 

1.





Principal

 

2.





Candidate Attorney



 

 



*Parent or guardian



*Where the candidate attorney is a minor