Methods of lecturing:
In person contact
Methods of assessment: Practical assessments to test the delegate’s acquired skill
A delegate intending to enrol for the Advanced Drafting Course must have at a minimum have complied with the following requirements:
➢ Must have completed structured coursework for advocates or attorneys successfully (certified); or
➢ Must have completed articles (with a registered contract at the LPC) as an attorney or pupillage as an advocate (with a registered mentor contract at the LPC); or
➢ At Legally Law’s discretion.
The candidate must show at the completion of the course that he/she can:
➢ obtain the facts and documents required to proceed with a matter when receiving a mandate or brief.
➢ analyse the information obtained to enable him/her to place the facts and documents in sequence.
➢ contextualise the matter in law.
➢ find the applicable law.
➢ be able to apply the law to the facts of the case; and
➢ work out the cause of action or defence.
The candidate is provided with a study guide and pleadings packs that contains information to prepare for the course.
The candidates will be divided into groups and will be required to draft process documents that will be argued in the moot court. Only the moot court will be assessed for competency of the candidate.
Urgent applications are an essential part of litigation and will be presented by the candidates in moot court.
With the use of case studies, candidates must draft the following:
➢ be able to write down the material facts of the case.
➢ be able to recognise the material elements of the cause of action or defence.
➢ be able to use this to prepare a rough draft of particulars of claim.
➢ draft particulars of claim with reference to the Uniform Rules of Court and practice directives.
➢ draft particulars of claim with reference to the peculiar facts of the case.
➢ draft particulars of claim without reference to precedents.
➢ be able to draft a plea with reference to the Uniform Rules of Court and practice directives.
➢ be able to draft a version setting out a defence to plaintiff's claim (pleas, special pleas, exceptions etc).
➢ Candidates will be introduced to drafting statements of claim and statements of defence.
Candidates must learn the following skills:
➢ to assess the facts and the law to decide whether a matter may be dealt with in an application rather than an action. When is a dispute of fact not capable of being adjudicated on the papers?
➢ to draft notices of motion, including long and short form notices as well as two-part notices of motion. A notice of motion in search and seizure applications (Anton Piller Order).
➢ to draft a founding affidavit. This includes the recommended layout in the Uniform Rules and practice directives. Candidates must learn how to set out the cause of action and the supporting evidence and be able to provide justification for the order sought.
➢ to draft an answering affidavit. The most effective layout must be explained including how to set out a version that will answer an applicant's case.
➢ to draft a replying affidavit. It must be short and only drafted if strictly necessary.
➢ to know when to draft a supplementary affidavit. What the requirements are when drafting a supplementary affidavit - permission from court etc.
➢ to know how to use annexures. Avoid bulky documents and ones not strictly necessary to support the deponent's case.
➢ Candidates must know how to apply the Plascon-Evans test.
Candidates are given examples of Heads of Arguments (HOA) prior to the commencement of the course.
Candidates must be familiar with the layout and method of drafting the different types of heads of argument e.g.
➢ concise heads
➢ comprehensive heads
➢ main heads of argument (SCA)
➢ written argument (CC)
The following are included in this module:
➢ The typical layout of heads of argument.
➢ The method to be used in applications.
➢ The method to be used in trials.
➢ The method to be used in Appeals and Reviews.
➢ Candidates must know how to draft chronologIically.
➢ Documents to be filed with heads of argument.
Candidates are given examples of opinions prior to the commencement of the course.
Candidates will receive a lecture on the following pertaining to opinions:
➢ Purpose of an opinion.
➢ Contents of an opinion.
➢ Structure of an opinion.
➢ Understand the question.
➢ The need to understand the question and provide recommendations.
➢ How to justify your position with reference to the facts and the law.
Candidates must submit their opinions for evaluation. Legally Law uses external legal professionals to evaluate the candidates to determine their competency levels in this discipline.