Recently, the Legal Profession Qualifying board (LPQB) had issued a statement on the 31st March 2020 that the date of the Certificate in Legal Practice (CLP) is kept in abeyance due to Covid-19. It is best that everyone remains calm and continue your daily routine of studies. It is no surprise that anxiety and frustration are slowly building up to your core. It is statistically known that CLP is regarded as one of the toughest exam to pass. We been asked to share our experience and tips on our preparation for the “Big Giant”. Hopefully this would give you some guidance on how to navigate around the subjects and ease your difficulties.
CLP can be daunting due to the overwhelming and voluminous content one must study. There are nine subjects in total which are Civil Procedure, Criminal Procedure Code, Evidence Law, Contract Law, Tort Law, Ethics, Bankruptcy and Winding Up, Probate and Land Law compressed into five papers which are General Paper, Civil Procedure Paper, Criminal Procedure Code, Evidence Paper and Professional Practice Paper.
Criminal Procedure Code
Criminal Procedure Code is not as voluminous as compared to the other papers. In the past, there were limited questions for each chapters as to how the examiner is able to question you. However, with the addition of the compulsory question as of 2018, the way questions were being asked may not be as direct as before. Notwithstanding, it isn’t as if the law itself has undergone tremendous changes. The core of the content required for you to answer each one of the questions are still the same. What is required is the ability to understand the principles wholeheartedly and not to regurgitate whatever you have memorised directly in the exam.
General Paper (Contract & Tort)
General Paper is one of the easiest paper, but deadly if one misinterprets the question. Most of the time, Contract & Tort questions encompass the same pattern with slight variation to them. Contract questions would always relate to a breach of contract with variations such as frustration, mistake, subject to contract or admitting Oral Evidence under section 92 of the Evidence Act 1950.
Tort Question on the other hand is normally straightforward, encompassing either personal injury, dependency claim or estate claim questions.
What is often forgotten is the importance of mastering the skill of drafting the statement of claims. In both Contract and Tort questions, statement of claims would take up 40% of the paper, which comes down to 20% for each of them. Statement of Claim is relatively easy to score and marks will be awarded for each correct format used in drafting your Statement of Claim. Completing them in the correct format will safely guarantee you a 20-30 marks, which then only require you to collect another 10 marks to pass.
The main setback of this paper is time management. There are many issues to be discussed and analysed. Therefore, it is important to manage your time well. Each question is about an hour and a half. If you have exceeded the time for a question, it is best to move on to the next. For example, in a 15 marks question, the first 10 marks would be relatively easier to score as compared to the last 5 marks. Do not spend too much time pondering on a 5 mark question. Do not forget your main purpose is to pass the exam.
Evidence
Evidence is a very bulky and tedious subject, requiring you to memorise an insane amount of cases and understanding the application of each and every provision under the Evidence Act 1950. Recently, the format had changed with the addition of a compulsory question. Unlike Civil or Criminal Procedure which are fairly straightforward, there are a lot of controversial issues and discussions surrounding Evidence paper. There is no particular answer to certain questions and it can be graded solely based on your argument of the issue. However, ignoring the fact of how unfair that sounds, let’s take a step back and remember that we as future lawyers are not always presented with an answer. We have to face all adversities to fight for what we think it is right and just in the name of justice. That’s what the examiner expects from you, being able to present your argument and relying on relevant authorities.
Civil Procedure
Civil Procedure, is one of the “toughest subject” as claimed by some. There are about 36 chapters to study and understand within 9 months. Recently, there has been an additional compulsory question. One piece of advice is to study Civil Procedure as a whole and not in isolation. Each chapters are connected to one another. It would be simpler to understand for those who have interned in a law firm as they were able to experience it directly and not just in theory. Fret not if you have not. It is important to understand the purpose and the distinction between each and every application under Civil Procedure. Doing past year questions would reinforce your memory and give you an understanding of how and why the applications are being made. The more you do, the more you realised that there is a certain pattern that the examiner has set the paper. It is impossible to be able to spot each and every sub-questions. The questions can be tricky at times, requiring you to always remember the fundamental principles, such as limitation period, locus standi or even res judicata. Despite the daunting amount of chapters as in Civil Procedure, it isn’t difficult to understand as the topics themselves are very straightforward. It is not recommended to skip any chapters. Even if you do, take the time to understand all the applications or process that would be available and open to the Plaintiff or Defendant to be perfectly ready to react to all sorts of tricky questions in the exam. Worst case scenario, you can always rely on the Rules of Court 2012 to save your day.
Professional Practice
The toughest and notorious paper of all. Normally Professional Paper would be towards your 2nd or last paper. You would eventually be burned out by the previous papers and on the verge of giving up. I implore you all to just endure. Professional Practice consists of 4 subjects (Ethics, Bankruptcy and Winding Up, Land Law, Probate). You must answer at least 2 Ethics question out of 4 questions and 3 elective questions out of 5 questions (3 land law, 1 probate, 1 Bankruptcy and Winding Up). It is emphasised and advisable not to do 3 land law questions and disregard Bankruptcy and Probate question as this is suicidal. Among the 3 land law questions, 1 would be easy, while the other 2 would be insanely difficult to answer. It is better to study all the 3 subjects to spread your risk. Although I have known some who passed by only doing 3 land law questions, a large percentage of people had failed for opting the latter.
Majority of students would opt to prepare either Probate or Bankruptcy in addition to Land Law. This in itself isn’t a bad idea, as it would act as a backup subject. Conspicuously, we would take the easy way out. However as explained earlier, there are usually 2 difficult land law questions. By not preparing for the other subject, you are in fact taking a risk. I would not deny that a lot of students passed CLP without preparing all 3 of the subjects. However, this is a calculated risk that you must take. Most of the time, people would choose this method due to the shortness of time in preparation for exam. Therefore, we highly emphasise the importance of starting your preparation at earlier times.
Please do not underestimate this paper as this paper has a high failing rate.
Tips
1.) Aiming to pass on a first attempt requires an immense focus, hardwork and dedication. The first step is to start your revision as early as possible. Discipline and manage your time well in preparing the chapters you would want to answer. It helps to set a deadline on each subjects that you have to finish studying.
2.) The most crucial thing is for students to attempt on Past Year Questions (PYQ). By doing PYQ, you would understand how questions are being drafted and posed to you. The more questions you attempt, the more you realised that each question has a certain pattern of how is being asked.
3.) Create your own notes on topics which you feel it’s difficult to memorise or it may be too bulky.
4.) If there are any uncertainties or issues in relation to a subject you might not understand, please tend to it as soon as possible.
5.) Start memorising your cases 3 months before the exam itself. You should at least have about 300-400 cases, including landmark cases at the bottom of your fingertips when exam approaches.
6.) When you are moving on to the next subject, you tend to forget what you have studied previously. Usage of flip cards or small notes may be useful in refreshing or triggering my memory.
7.) Make sure to update yourselves with the current position of the law. LPQB tends to set their questions based on recent development of the law.
8.) Please get sufficient sleep. I know it is platitude to say, but the examination would span across 2 weeks. Doing one paper is enough to completely drain you for the day. Remember this is a marathon, not a sprint.
9.) Calm down and take deep breaths when entering the exam hall. It’s normal to forget cases under immense exam pressure. If you cannot remember the full citation, it’s fine to just state the first name of the case. Always signpost your cases and provisions by underlining it.
10.) Finally, please do not feel discourage if you did badly for your previous paper. It would cause a chain reaction affecting your other papers. Know that you have done your utmost best and move on to the next.
With that said, we wish you guys all the best in your CLP. If you ever feel helpless or lost, please do not hesitate to contact your lectures or seniors. Remember that we are all but mere mortals. We understand the agony you are going through as we were once in the same position as all of you. Trust in the process. Have faith in yourselves and keep pressing forward.
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