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Becoming an Accredited Specialist
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 2008 Program
 Eligibility
 Program Timetable
 Assessment requirements
 Assessment - Performance Standards
 Methods of Assessment
 Assessment Results




2008 Program

The areas of practice offered in 2008 are:

  • Advocacy
  • Commercial Litigation
  • Personal Injury Law

NSW practitioners interested in gaining accreditation in Immigration Law can still do so in 2008 by contacting and applying to the Law Institute of Victoria, please visit www.liv.asn.au.

2008 Guide to Application and Assessment.

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Eligibility

What are the eligibility criteria?

Practitioners who apply need to satisfy the following criteria:

  1. Hold a current practising certificate; and
  2. Have practised for five years on a full-time basis, or equivalent; and
  3. For the three years prior to application, demonstrate a substantial involvement in the area and,
  4. Time devoted to this area of practice in each year of the past three year period is not less than 25% of normal full-time practice; and
  5. Be a solicitor member of the Law Society of New South Wales or be a full member of an equivalent state or territory body in Australia.

Please note: When calculating years in practice, 'years' run from the date of commencement of practice to 30 June in the year of application.

Time spent must not be less than 25% of normal full-time practice or its equivalent. It is possible for a practitioner who is not working full time but is involved in the specialty area for the equivalent of 25% of normal full-time practice to be eligible for accreditation.

For applicants seeking accreditation in mediation, 'substantial involvement' shall be not less than 10 mediations or 30 hours of mediation as a mediator using the Law Society mediation model

The intake for the 2008 program has now closed. Thank you to all those who have applied.

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Program Timetable

What’s happening When
Information Night for potential candidates 15 April
Applications for Specialist Accreditation close 30 April
Australian Advocacy Institute Workshop – mandatory for all Advocacy candidates (www.advocacy.com.au) 30 May to 1 June
Mock files for Commercial Litigation and Personal Injury distributed to candidates 4 June
Written outline for Advocacy distributed 13 June
Mock files for Commercial Litigation and Personal Injury due 25 June
Examinations & interviews for Advocacy, Commercial Litigation and Personal Injury 26/27 July
Written outline for Advocacy due 2 August
Mock court for Advocacy held 2 August
Results released to candidates by 6 October
Reassessment and/or appeal applications close 14 days from result notification
Reassessment and/or appeal results released by end November
Graduation Reception early December

For enquiries related to the 2008 Program contact:
Anita Khosla
Email: specialists@lawsocnsw.asn.au
Phone: (02) 9926 0305

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Assessment requirements

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Assessment - Performance Standards

What is the expected performance standard?

The standard to be applied in the Specialist Accreditation Scheme is to be the standard of the "specially competent practitioner", being a practitioner who can demonstrate the core skills and practical capabilities in the selected area of the law, as assessed against the spectrum of capability of all practitioners in that area of the law. This standard is to be distinguished from the idea that the Scheme requires the highest technical legal knowledge across all aspects of the selected area of law.

Further information on specific performance standards for each area of practice offered can be found in the Assessment requirements for that area of practice.

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Methods of Assessment

What are the methods of assessment?

Methods of assessment in each practice area generally include:

  • An open/closed book written exam.
  • A take home mock file or take home assignment; and
  • A peer or a simulated interview.

The general character of each assessment component is described below:

Assessment types Description
Open/closed book written exam A written examination between two to three hours in length. Candidates are permitted to bring into the examination any books, notes, legal services or other texts. Examination generally requires answers to several questions focusing on the application of legal knowledge. The exception to this is for Personal Injury. Personal Injury candidates will be given a list of 80 questions in advance, of which a random selection of 20 questions will be used for the written exam. A few non-disclosed practical questions are also included in the exam. As a result, the written exam for Personal Injury is closed book.
Mock file Mock files require candidates to undertake tasks required in practice. Candidates are required to return the work within a period of time which may include three weekends. In some specialty areas candidates are given a choice of elective sub-specialties for the mock file.
Simulated interview An assessment requiring the candidates to interview a person acting the part of a client. The interview is recorded and the assessment made from the recording.
Peer interview These interviews are conducted by a panel of assessors with expertise in the relevant area of practice (usually two), asking questions regarding legal practice and/or the candidate's mock file, if appropriate. The interview is recorded.

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Assessment Results

What happens following my final assessment?

Candidates will receive notification of their results in early October (approximately 10 weeks after their final assessment). Candidates will be notified in writing. No results will be communicated over the phone.

Candidates will be provided with overall comments regardless of whether they have passed or failed to gain accreditation.

What are the marks awarded?

Only one of two marks, pass and fail, will be awarded. Candidates must pass every form of assessment to be eligible for accreditation. In relation to assessments, the decision of the Board is final.

What are my options if I do not pass an assessment?

Candidates have two options available to them if they do not successfully pass an assessment. These could generally be characterised as merit and process reviews.

1.

Reassessment:
This is essentially a merit review. Candidates who fail one form of assessment are able to apply for Reassessment. However, Reassessment is not available if there has been a failure in more than one form of assessment.

The Reassessment is carried out by an assessor who has not previously assessed the candidate. The re-assessor reviews the original assessment and states whether he or she agrees with it. Referees may be contacted as part of this process.

A non-refundable fee of $150 applies to an application for Reassessment.

Candidates will be sent written advice of the result once the reassessment is completed, and no comments will be provided to the candidate.

2.

Appeal:
This is a process review option in that candidates have the opportunity to submit a request for an Appeal once they have received their result notification where they believe that their performance or result has been affected by alleged procedural unfairness in the way the assessment process is alleged to have occurred.

Appeals will consider whether procedures were applied differently and adversely in the case of the candidate.

If it is established that there was a matter of procedural unfairness, it may not re-open or change the original assessment but may:

  • Order a fresh assessment or
  • Refer the assessment to the Board for further consideration

Candidates will be sent written advice once a determination has been made.

Requests for Reassessment and/or Appeal must be made in writing setting out the grounds upon which the request is made. Requests must be received by the Specialist Accreditation Department within 14 days of result notification.

What are my options if I do not successfully gain accreditation following a reassessment or appeal?

Unsuccessful candidates will need to reapply the next time the area of law is offered.

The unsuccessful candidate will have to re-sit all assessments afresh. No single form of assessment can be taken into the next assessment period.

What happens once I have successfully completed my assessments?

Candidates who successfully complete their assessments are eligible to be granted accreditation, on payment of the first accreditation fee of $176, (which is 50% of the normal reaccreditation fee).

The Specialist Accreditation Department hosts an annual event to acknowledge the newly accredited specialists and a certificate of accreditation is awarded.

Newly appointed specialists can use the Specialist Accreditation logo and a post nominal for advertising and promotional purposes.

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Related Areas
Specialist Accreditation
Law Society of NSW
170 Phillip Street
Sydney NSW 2000
DX 362 Sydney

Phone
(02) 9926 0305

Facsimile
(02) 9926 0166

Staff

Anita Khosla, Business Manager

Michelle Dodd, Program Co-ordinator

Mathew Zikpi, Administrative Assistant (part-time)

specialists@lawsocnsw.asn.au
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