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Articles of Clerkship 20100 Announcement 26 July 2010
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The Legal Practice Board (Board) will cease operating the Articles Training Program (ATP) effective 31 December 2010.
The Admissions and Registrations Committee of the Board has approved the Leo Cussen Institute to provide the practical legal training (PLT) component of articles of clerkship in Western Australia.
Accordingly law graduates will continue to have the option of completing either an approved PLT course or twelve months articles of clerkship (including the PLT provided by the Leo Cussen Institute) to be eligible for admission in Western Australia.
The Leo Cussen Institute will offer the PLT programme for articled clerks in Western Australia from 2011. The training will be offered on-site in Western Australia. Detailed information about the 2011 courses will be published on their website (www.leocussen.vic.edu.au) in due course.
In the meantime, persons intending to register articles of clerkship in the near future should direct any queries to the Board’s Admissions & Registrations Coordinator, Deb MacDonald.
All currently registered articled clerks should be enrolled to complete the Board’s ATP on or before 31 December 2010. There are still some places available in the Board’s ATP courses, however, it is anticipated that the majority of articled clerks who register articles between now and the end of the year will complete articles training with the Leo Cussen Institute in the first half of 2011.
Please direct any queries to Deb MacDonald on 6211 3600 or via email dmacdonald@lpbwa.com
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Articles Training Programme Announcement 13 May 2010
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This correspondence is to advise all Western Australian legal practitioners that effective from the 31 December 2010 the Legal Practice Board (Board) will cease to operate the Articles Training Program (ATP).
The ATP is the primary means by which the Board is satisfied that articled clerks have met the PLT competencies for entry level lawyers as set out in the Uniform Admission Rules. Currently, Western Australiais the only Australian jurisdiction that continues to offer articles of clerkship as a means of obtaining admission as an Australian lawyer.
The Board, after detailed consideration and consultation with the profession, in 2006 recommended the introduction of an alternative route to admission by the completion of a practical legal training course in WA. It was recognised at that time that the future of articles of clerkship as a means of gaining admission was in doubt.
Whilst articles of clerkship in themselves will not be abolished, unless and until a provider is prepared to offer a course to replace the ATP, the practical effect of the Board’s decision is that from 1 January 2011 articles of clerkship will for all intents and purposes cease to be a means to obtain admission as an Australian lawyer in Western Australia.
Those persons who are currently registered as articled clerks and their principals should take immediate action to ensure the clerk registers for and completes the ATP course prior to 31 December 2010. The Board cannot guarantee that another provider will offer a course equivalent to the ATP such as to enable current or future articled clerks to meet the PLT pre-admission requirements.
The Board’s decision was not taken lightly and was based on the following facts:
- the Board’s core functions are regulatory in nature; should the Board continue to operate the ATP, the budget deficit for 2010/2011 is $604,452, compared to a projected surplus of $38,555 for 2009/2010, and an actual surplus of $67,727 for 2008/2009;
- the conduct of the ATP is an educational function which the Board was obliged to undertake as no other provider was prepared to offer such a course in Western Australia;
in 2009 an alternative route to qualifying for admission as a legal practitioner was introduced by completion of course work known as Practical Legal Training (PLT);
- since 2009 the number of law graduates seeking admission by completion of articles of clerkship has reduced dramatically;
- whereas the ATP had reached the stage where it was largely self funding, with the significant reduction in the number of law graduates seeking admission by completion of articles of clerkship, the ATP is no longer self funding, requiring the Board to heavily subsidise its operational costs;
- the profession cannot be asked to subsidise the operations of the ATP for a minority of law graduates when another route to admission is available;
- the Board does not have the resources to continue to subsidise the costs of operating the ATP.
The financial implications of the drastic cut in ATP registrations and the resulting reduction in income is not a sustainable situation for the LPB. In those circumstances it would be financially irresponsible for the LPB to continue to operate the ATP.
Registered articled clerks who wish to fulfil their PLT pre-admission requirements through attendance at the ATP, will need to register for one of the ATP core courses to be conducted this year and to complete the same by 31 December 2010. The basic Accounting, Property Law Practice and Commercial Law Practice courses will also be discontinued on 31 December 2010.
Clerks have been separately advised that to register for ATP courses they should access the information provided on the Board’s website at www.lpbwa.org.au.
Clerks may choose to take an alternative route to complete their PLT pre-admission requirements by completing the WA College of Law PLT Course or another PLT course that meets the PLT requirements for admission in another Australian state or territory.
The Board is investigating whether other PLT providers may be interested in offering courses for articled clerks to enable them to meet the PLT pre admission requirements. However, clerks have been advised that they should not delay in making the necessary arrangements to complete their PLT requirements prior to 31 December 2010 on the basis that another provider may offer courses for articled clerks.
If practitioners are considering taking on a new articled clerk during this year they will need to consider the manner in which that clerk will satisfy their PLT pre-admission requirements in the absence of the ATP.
If you wish to discuss any issues arising from this advice, please contact either myself on 0412 439 149 or the ATP Course Director, Deborah Miltonon (08) 9272 9144.
Yours sincerely,
Anna Liscia
Chairperson
Legal Practice Board