Section 5A: Pupillage

5A. Pupillage (1) (a) The Council shall, after consultation with the Bar Council, the Mauritius Law Society Council or the Chamber of Notaries, as the case may be, for the purpose of determining whether a law practitioner is able to provide the required amenities and training to be a pupil master, draw up and keep under review a list of law practitioners of not less than 15 years’ standing, from each of the 3 branches of the profession, who may be pupil masters. (b) The Council may— (i) proprio motu remove a person’s name; or (ii) at a pupil master’s request, remove his name, from the list. (2) Subject to subsections (4), (5) and (6), pupillage shall, for the purposes of sections 4 and 21 (4), consist— (a) in the case of a prospective barrister— (i) who qualified in Mauritius, of attachment to— (A) the chambers of a barrister for 9 months; or L8 – 5 [Issue 4] Law Practitioners Act (B) the chambers of a barrister for 3 months and a barrister in a law firm for 6 months, and the office of an attorney for 3 months; or (ii) who qualified as such in England and Wales, Australia, New Zealand, Canada or France— (A) of attachment for a period of not less than 12 months to the chambers of a barrister of not less than 15 years’ standing in the State in which he qualified; or (B) of attachment for an aggregate period of not less than 9 months to the chambers of one or more barrister of not less than 15 years’ standing in Mauritius, England and Wales, Australia, New Zealand, Canada or France, and of attachment for a consecutive period of not less than 3 months to the office of an attorney in Mauritius; (b) in the case of a prospective attorney, of articleship in, or attachment to, the office of an attorney in Mauritius, or to an attorney in a law firm in Mauritius, for 12 months; and (c) in the case of a prospective notary, of articleship in, or attachment to, the office of a notary in Mauritius for 24 months, under the supervision of a pupil master designated by the Council with the consent of the pupil master and the pupil, where pupillage is undergone in Mauritius, and a pupil master proposed by the pupil and approved by the Council, where pupillage is undergone outside Mauritius. (3) The duties of a pupil master shall be to— (a) ensure that the applicant is in attendance for such aggregate number of hours per week as may be determined by the Council; (b) provide him with the necessary assistance and guidance in the completion of his preparation before he is able to practise; (c) in the case of a prospective barrister or attorney, make him familiar with proceedings in Court; (d) give the applicant the necessary and appropriate opportunity to interact with clients; and (e) provide the Council with a comprehensive report, in such form and manner as the Council may require, on the applicant’s performance during pupillage. (4) A period of permanent employment of a prospective barrister or attorney as a Legal Assistant, or in such other office as may be prescribed, in the Attorney-General’s Office or the Office of the Director of Public Prosecutions, or in the Judicial Department as a Court Officer, shall be deemed to be pupillage, for the period determined under subsection (2) or part of it, as the case may be. [Issue 4] L8 – 6 Revised Laws of Mauritius (5) Where the Council is satisfied that there are no facilities available for pupillage in the case of an applicant, it may authorise him to undergo such other form of training as it may specify, inst bed, in the Attorney-General’s Office or the Office of the Director of Public Prosecutions, or in the Judicial Department as a Court Officer, shall be deemed to be pupillage, for the period determined under subsection (2) or part of it, as the case may be. [Issue 4] L8 – 6 Revised Laws of Mauritius (5) Where the Council is satisfied that there are no facilities available for pupillage in the case of an applicant, it may authorise him to undergo such other form of training as it may specify, instead of pupillage. (6) (a) Every prospective barrister who holds a professional qualification and who undergoes pupillage in Mauritius shall, during his period of pupillage, follow, to the satisfaction of the Council, a course of training conducted by the Institute in such subjects as may, in the Council’s opinion, be necessary to enable him to practise in Mauritius. (b) Where a prospective barrister who holds a professional qualification undergoes pupillage in England and Wales, Australia, New Zealand, Canada or France, the course of training referred to in paragraph (a) shall be followed before he takes the oath of office to be admitted to practise law in Mauritius. (c) A person referred to in paragraph (a) or (b) shall not be required to sit for any examination. [S. 5A inserted by s. 6 of Act 30 of 2011 w.e.f. 3 September 2012.]