How to be exceptional at the Bar Course Written Examinations: Uganda Edition

(Disclaimer: These are largely based on my opinions and experience and should not be referred to as
conclusive)

The reason most people fail LDC is not because they do not know what they have studied, rather,
because they do not finish the written exams.

Keep at the top of your mind that LDC is about ‘Legal Practice’ not Legal theory. Don’t flood the paper
with your notes but with practical evidence/facts analysis.

Read for the written exam as if it is closed book. Don’t revise/ read in the paper. Only take your book as a
reference point. Don’t take it as a ‘copying from’ tool. You won’t finish the paper if you do this.

So, what is the best strategy to finishing these two questions within the set 4 hours and being exceptional?

General pointers:

• Know where to find what in your book. This will ease your work during the exam. (It can include book marking or numbering the pages in your book and creating a table of contents)

• The paper is comprised of answering 2 compulsory questions in 4 hours: This definitely means that each question is 2 hours. However, the questions are usually divided into 5/6 different sub-questions with drafting documents as the last question. Therefore, allocate at most 20 minutes per question. Once the timed 20 minutes are done, move to the next question without fail, otherwise you will not finish the exam.
  • Take off at least 5-10 minutes before the start of the exam to read through all the questions and see the requirements. Especially in Civil and Criminal Appeals that have huge records of appeals. Identify your key witnesses as you read on and the areas of Appeal within those 10 minutes.

• Drafting documents is the single most important item to successfully completing your exam. Therefore, you might want to allocate more time to these especially for the documents that require affidavits in support or a notice of Appeal in Appeals.

How do you utilize your 20 minutes per question?

• Use PLEA formula: Principle, Law, Evidence, Analysis. I’m sure by now you know what PLEA is. Use this. It will save you a lot of time. State the principle of the issue you are raising, the Law, the evidence on file and the analysis of the evidence and the law to draw you to your most appropriate remedy.

• Cite 1 Supreme Court case that set the locus of the principle you are talking about. (Fully cite the case, mention judge and page number from which you are drawing the principle). This is because these cases are more binding. But you can cite any other case on record. It’s good to cite and distinguish cases but this will take away most of your time so stick to one and bring your point home.

• Use your facts as much as you can. Most LDC professors already know the law, but how you relate the law to your facts is what distinguishes each of you. So don’t shy away from using the names, dates, and times within the question as you are answering the question.

• Conclude. Make sure you always conclude each point you make. How is what you’re saying, supporting the case of your client? Make sure that you do not talk about anything that is not helping support the remedy that you have identified.

Standard procedure:

• FILRC ought to be the layout of each of the answers to your questions. This is Facts, Issues, Law Applicable, Resolution and Conclusion.

• Good and succinct facts always include place, day, time, and the 4W’s and 1H (Who; What; When; Where; How)

• For the Law Applicable, fully cite the laws with their years of enactment and for case law, list a few of the cases that you will be relying on in the resolution of your issues. (Don’t be afraid to use one locus standi for the entirety of the question)

Standard issues to raise:

• Depending on the subject, always raise an issue of what is the Forum, Procedure, and Form in the circumstance. Under these issues, address Jurisdiction under Forum, Procedure (briefly state how you will achieve this remedy either by filing a motion on notice supported by an affidavit to the Registrar after payment of an assessed fee of 20,000 ugx, etc) and Form being the documents. LDC is looking to see if you know the forum for your remedy, the fees applicable for the documents and the documents you need.

• It is also very important to have your last issue as ‘What ethical considerations arise in the circumstance?’ If you have noticed, all the workshops you have done at LDC have the issue of ethical considerations. LDC is looking to raise ethical lawyers in the practice and therefore exhibiting knowledge of the ethical considerations as per your case is proof of an exceptional student.

• Criminal and Civil Appeals have standard issues to raise as guided by the Head of the Subject. Use these for your Appeals issues.

Lastly, I would advise that you get pointers from what the various heads of subjects were emphasizing each week. This will enable you to know how best to illustrate your point.

I’ll conclude by saying that except in a few circumstances where the difference is clear, there is no right or wrong remedy. How you support your remedy is what makes the difference. Make sure you create concrete support for why you have selected that remedy, especially in Corporate where they ask what is the most appropriate investment vehicle to use. Select one and give evidence from the facts why it is the most appropriate.