Chamber of Advocates Regulations (Arrangements for Examinations on the Laws of the State

Chamber of Advocates Regulations (Arrangements for Examinations
on the Laws of the State of Israel, Professional Ethics Applying to
Foreign Advocates and Practical Subject), 5723 - 1962

Revised and Unabridged Version

Table of Contents

Chamber of Advocates Regulations (Arrangements for Examinations
on the Laws of the State of Israel, Professional Ethics Applying to
Foreign Advocates and Practical Subject), 5723 – 1962*

By the authority vested in me by sections 110, 26(2) and 39 of the Chamber of Advocates Law, 5721 – 1061, I hereby enact the following Regulations:
Chapter 1: The Chamber's examinations on the laws of the State of Israel
Dates of examinations on the laws of the State of Israel

1

1. (a) The Chamber's examinations on the laws of the State of Israel (hereinafter the examinations) shall be held under the Chamber's auspices at least twice a year and on such dates as shall be determined.
   

Regulations 5749 - 1989
(b) A notice regarding the examination dates, their venue and the languages in which
they shall be held shall be announced in the Official Gazette.
Proof of eligibility to sit the examination

1. A person wishing to take the examinations shall attach to his application under section 4 of the Chamber of Advocates Rules (Knowledge of the Hebrew Language, and Fees for Examinations in Hebrew, the Laws of the State of Israel and Professional Ethics Applying to Foreign Lawyers and Practical Subjects), 5722-1962, documents which prove that he satisfied the conditions stipulated in section 25(2) or (3) of the Law.
   

Written or oral examination

1. (a) The examinations shall be in writing, although the Chamber may in special circumstances permit an examinee, at his request, to take all or some of the examinations in a verbal format.
   (b) The written examination shall be of 3 hours duration.
   (c) The examinations shall be in Hebrew, although the Chamber may permit an examinee or a category of examinees, to answer the questions in a foreign language, provided that they pay the cost of translating their answers into Hebrew as the Chamber shall determine.
   Regulations 5749 - 1989
   (d) The Chamber may decide to hold examinations on a given date or in a certain place in a foreign language.
   Regulations 5749 - 1989
   (e) A person who has proved that he has adequate knowledge of the Hebrew language, as he must do in order to be registered as a traineeunder section 2 of the Chamber of Advocates Rules (Knowledge of the Hebrew Language, and Fees for Examinations in Hebrew, the Laws of the State of Israel and Professional Ethics Applying to Foreign Lawyers and Practical Subjects), 5722-1962, may not be examined in a foreign language.
   

The subjects of the examinations
Regulations 5759 - 1998

1. (a) The examinations shall be based on the following subjects:
   (1) Laws of obligations, employment law and social insurance;
   (2) Property law;
   (3) Family and succession law;
   (4) Criminal law and criminal procedure;
   (5) Commercial law "A" (corporations);
   (6) Commercial law "B" (bankruptcy, liquidation, bills of exchange, taxes and other commercial subjects);
   (7) Civil procedure and professional ethics;
   (8) Constitutional and administrative law.
   (b) The laws on which the candidates shall be examined in each subject shall be the versions of those listed in the Schedule which were in force 30 days before the examination, unless they had been repealed before then.
   

Each examination to cover at least two subjects

1. (a) A candidate may be examined on all the subjects listed in section 4 in one sitting, or divide them between several sittings, provided that as long as he has not been examined on more than one subject, each such sitting shall include at least two subjects.
   (b) Notwithstanding the provisions of subsection (a), the Chamber permit a candidate to be examined at a sitting on one subject only, should it consider it appropriate to do so having regard to the candidate's military service.
   

Exemption
Regulations 5725 - 1965

1. (a) The Chamber may exempt a candidate who holds a law degree from a foreign institution from being examined on a particular subject, if it determines that the laws on that subject which were covered by an examination which he passed as set by that institution are similar to those in Israel.
   Regulations 5729 - 1969
   (b) The Chamber may, in its discretion exempt a person who satisfies the requirements of section 25(3) of the Law from being examined on a certain subject, if it determines that the laws in the country in which that person held one of the positions referred to in that section, are similar to the laws of Israel.
   Regulations 5729 - 1969
   (c) The Chamber may, in its discretion, exempt from being examined on a certain subject a person who satisfies the conditions stated in section 103A of the Law.
   

Examiners and supervisors

1. (a) The Chamber shall appoint examiners and supervisors in relation to the examinations generally or examinations being held on a particular date or in a particular subject and may pay them such remuneration for their services as it shall determine.
   (b) Examinees must comply with the examination supervisor's instructions.
   

Practice regarding examination answers

1. (a) Each examinee shall be allocated a number which he shall write on his answer book together with the examination subject; an examinee shall not record his name on the answer book.
   (b) Where an examinee uses several answer books, he shall record the details described in subsection (a) and a serial number on each of them before attaching the additional answer books to the first answer book.
   (c) An examinee shall write his answers on one side of the page.
   (d) An examinee shall not detach pages from the examination booklet.
   

Use of books

1. (a) The Chamber may permit examinees to use a book during the examination which contains the wording of the relevant enactments.
   (b) Should permission have been given as aforesaid, the examinee shall not use any other book, list or other writing, including a commentary, remark or other recorded material apart from the text of the statute itself.
   

Discipline

1. Where he has grounds for assuming that during the examination an examinee has in his possession a book, list or writing which is prohibited under section 9, is assisting or disturbing another examinee or is not complying with his instructions, the supervisor may stophis examination and remove him from the exam room.
   

Penalty for breach of discipline

1. (a) Regardless of whether his examination was stopped and he was removed from the exam room or whether he was allowed to continue with his examination, the
   Chamber may prohibit an examinee who breached discipline as stated in section 10 from taking an examination on another date, whether in relation to the same subject only or in relation to other subjects, and whether generally or for a specific period of time, and may likewise disqualify any examination which he has already taken.
   (b) The Chamber shall not take a decision under subsection (a) until after the examinee has been given an opportunity to voice his arguments before it or a Committee which shall be appointed for this purpose.
   

The examination results

1. (a) The marks which an examinee shall receive for his examination shall be determined by the examiner in his discretion and expressed as a percentage which shall not exceed 100.
   (b) Where verbal examinations were held by a team of two examiners who cannot agree on the marks to be given, the opinion of the examiner who gave the higher mark shall be followed.
   (c) The Chamber shall inform the examinee of his results after receiving them from the examiner.
   

Position of a person who failed the examination

1. (a) A person who received a grade of less than 61 percent in a subject on which he was examined shall be considered as having failed to pass the examination in that subject.
   (b) An examinee who failed to reach the pass mark in a given subject may retake the examination in that subject on one of the dates determined under section 1.
   (c) Where the examinee received more than 45%, the Chamber may at his request allow him to retake the examination at an earlier date than that stipulated in section 1.
   

Confirmation of the examination results

1. An examinee who passed the examination in all the subjects specified in section 4 or those for which he did not receive an exemption, shall be entitled to a letter from the Chamber confirming this.
   

Chapter 1A: Professional ethics examination for foreign advocates
Regulations 5772 - 2012

Dates of foreign advocates' professional ethics examination
Regulations 5772 - 2012
14A. (a) The foreign advocates' professional ethics examination under section 98F(a)(3) of
the Law (hereinafter in this chapter: the professional ethics examination) shall be held
under the Chamber's auspices at least twice a year, at such dates as shall be decided
upon.
(b) The date, time and venue of the professional ethics examination shall be
announced in the Official Gazette.

Written examination
Regulations 5772 - 2012
14B. The professional ethics examination shall be a written test, although the Chamber may
permit an examinee to be examined verbally in exceptional circumstances.
The examination subjects

Regulations 5772 - 2012
14C. (a) The examination shall be on the following laws:
(1) The Chamber of Advocates Law, 5721 - 1961: sections 53, 54-60, 61, 62,
75, 81-88, section 98B (c) the opening paragraph and paragraphs (2) and(4),
98C, 98E, 98I-98K;
(2) Sections 48 and 52 of the Evidence Ordinance [New Version], 5731-1971;
(3) Sections 235A-235D of the Income Tax Ordinance and section 143 of the
Value Added Tax Law, 5736-1975;
(4) The Chamber of Advocates Rules (Professional Ethics), 5746-1986;
(5) The Chamber of Advocates Rules (Advertising), 5761-2001;
(6) The Chamber of Advocates Rules (Other Business), 5763-2003;
(7) The Chamber of Advocates Rules (Directors in Public Companies), 5749-
1988.
(b) The laws on which the candidates shall be examined as stated in subsection (a)
shall be the versions of the said enactments which were in force 30 days before the
examination, unless they had been repealed before then.
Application of provisions
Regulations 5772-2012

14D. Sections 7-14 shall equally apply, mutatis mutandis, to the professional ethics
examination.
Chapter 2: The Chamber's practical subjects examination
Date of the examinations
Regulations (No.2)5746-1985
Regulations (No.2) 5755-1995
Regulations 5756-1996

1. The Chamber's practical subjects examinations shall be held twice a year, on such dates as the Chamber shall decide upon.
   

Special examination date

Regulations 5756-1996

15A. Notwithstanding the provisions of section 15, the Minister of Justice, in consultation
with the Chamber of Advocates National Council, may for special reasons that shall
be recorded in his decision, set an additional date for the practical subjects
examinations.
Additional dates for the oral examination
Regulations 5758-1997
15B. The Chamber shall determine two dates each year on which the oral examinations
shall take place; these dates shall be in addition to those determined under section 15.
The application to be examined

1. (a) The application to sit the Chamber's practical subjects examinations (hereinafter: the apprenticeship examinations) under section 4 of the Chamber of Advocates Rules (Knowledge of the Hebrew Language, and Fees for Examinations in Hebrew, the Laws of the State of Israel and Professional Ethics Applying to Foreign Lawyers and Practical Subjects), 5722-1962, shall be submitted at least 15 days before the date of the examination.
   (b) Documents shall be attached to the application which prove the applicant's right to sit the apprenticeship examinations; a letter from the Chamber confirming that the candidate had completed the period of his apprenticeship shall constitute conclusive evidence in this regard.
   

ExaminingCommittees

1. The ExaminingCommittees referred to in section 40 of the Lawshall be assembled by the Chamber to carry out a general function or for a specific examination.
   

The examination subjects

Regulations 5755-1994

Regulations 5758-1997

1. The candidate shall be examined on several of the following subjects:
   (1) Basic Laws;|
   (2) Jurisdiction of the courts, including religious courts and the labor courts;
   Regulations 5763-2003
   (3) Criminal procedure including powers of investigation and enforcement and civil
   procedure including arbitrations;
   (4) Law of evidence, with an emphasis on the practical aspect;
   (5) Execution Office, bankruptcy and receivership procedures;
   (6) Procedures for registration of land and interests in land and the principles of
   taxation pertaining thereto;
   (7) Registration of corporations, corporate documents, liquidation procedures,
   registration and cancellation of charges;
   (8) Drafting of contracts and legal documents;
   (9) Legislative and common law changes and developments in the areas covered by
   these Regulations;
   (10) Professional ethics, the Chamber of Advocates Law, 5721-1961, and the Rules
   enacted pursuant thereto;
   (11) General knowledge of the rules of interpretation.
   

Format of the examination
Regulations 5758-1997
18A. The practical subjects examination shall comprise of a written examination and an
oral examination; only an examinee who has successfully passed the written
examination may take the oral examination .
The written examination
Regulations 5758-1997
18B. (a) The written examination shall generally take the form of a multiple choice test
prepared by the Examining Committee (hereinafter: the questionnaire) in which
the examinee shall circle one of a number of possibilities given to him, as the
correct answer.
(b) The Examining Committee shall decide the subjects or combination of
subjects to be included in the questionnaire from amongst those specified in section
18; the questionnaire shall be divided into parts, in each of which all the questions
pertaining to a subject or a combination of subjects chosen by the Committee as
aforesaid shall be concentrated.
(c) In addition to the questionnaire, the Examining Committee may also include in
the written examination a legal document drafting test; the legal documents which
the examinee shall draft shall not be given a grade within the framework of the
writtenexamination.
Results of the written examination
Regulations 5759-1999
18C. A person who received a grade of at least 60 percent in each division of the

questionnaire shall be regarded as having passed the written examination; however,
if the grade which he received in one or more parts of the questionnaire was below
60 percent, he shall only be regarded as having passed the examination if his overall
score was at least 65%.
Disabled examinees
Regulations 5760-1999
18D. (a) With regard to the written examination under section 18B, the Examining Committee
may, at the request of an examinee who suffers from a disability as defined in the
Equal Rights for Disabled Persons Law, 5758-1998, specify adjustments which are to
be made in order to accommodate his disability and ensure that in so far as possible he
shall be examined upon equal terms with the rest of the examinees.
(b) The adjustments which shall be made by the Examining Committee as stated in
subsection (a) may include devising an examination format which deviates from that
described in section 18B(a).

Transfer of data to the Examining Committee
Regulations 5758-1997

1. The Chamber shall pass on to the Examining Committee report's from the examinee's principal, the results of the written examination and the legal documents which the examinee drafted within the framework of the written examination.
   

Results of the oral examination

Regulations 5758-1997

1. (a) Upon completion of the oral examination the Examining Committee shall determine whether the examinee has passed or failed, based on its impression of his verbal answers, his principals' reports, the legal documents which he drafted and the grade he achieved in the written examination.
   (b) The Chairman of the Examining Committee shall inform the examinee of the results of the examination, record them in the examinee's personal file and certify them by his signature.
   

Reexamination
Regulations 5758-1997

1. (a) An examinee who failed the written examination may re-sit the examination on the dates specified under section 15 or 15A.
   (b) An examinee who failed the oral examination may retake the oral examination on the dates specified under sections 15, 15A or 15B; however, an examinee an examinee may only retake the oral examination on two of three consecutive oral examination dates.
   

Confirmation of the results of the apprenticeship examination

1. An examinee who passed the apprenticeship examination shall be entitled to receive a letter from the Chamber confirming this.
   

Chapter 3: Miscellaneous provisions

Repeals

1. Repeals:
   (1) Sections 2-4, 7-11, 13, 35-37, 39 and 40 of the Legal Council Regulations, 5713-1953;
   (2) The Schedule to the aforementioned Regulations as replaced in the Schedule Amendment Notice under section 7(d).

Regulations 5772-2012
24. (Repealed)

Regulations 5768-2008
Schedule
(Section 4(b))

1

Note: For Laws marked * general knowledge only is required

1

1. Obligations Laws and Labor and Social Insurance Laws

(1) Liability for Defective Products Law, 5740-1980*

(2) National Health Insurance Law, 5754-1994*

(3) National Insurance Law [Consolidated Version], 5755-1995 -

Chapters 5 and 14; general knowledge only is required of the

rest of the chapters

(4) Motor Vehicle Insurance Ordinance [New Version], 5730-1970 -
Section 3; Chapter 4, general knowledge only
(5) Labor Court Law, 5729-1969

(6) Retirement Age Law, 5764-2004

(7) Sick Leave Law, 5736-1976

(8) Tenants Protection Law [Consolidated Version], 5732-1972*

(9) Protection of Employees (Exposure of Offences, Unethical Conduct or Improper
Administration), 5757-1997

(10) Protection of Employees in an Emergency Law, 5766-2006*

(11) Wage Protection Law, 5718-1958*

(12) Notice to Employee (Employment Terms) Law, 5762 - 2002

(13) Prior Notice of Dismissal and Resignation Law,5761-2001

(14) Transfer of Obligations Law, 5729-1969*
(15) Collective Agreements Law, 5717-1957