Oral exam tips for the competency-based exam

For many candidate attorneys, receiving confirmation that you have qualified for an oral examination can feel both exciting and intimidating.  Unlike the written competency-based examination (CBE), the oral examination requires you to demonstrate your legal knowledge verbally, think on your feet, and communicate clearly under pressure.

The good news is that the oral examination is not designed to trick you.  It is intended to assess whether you possess the practical legal knowledge, professional judgment, and communication skills expected of a future legal practitioner.

In this blog, we share a practical, step-by-step approach to mastering the LPC’s oral examinations for the CBE.  You will learn exactly who qualifies for an oral, how to structure your preparation, what to expect on the day, and how to handle tough questions under pressure.

 

How do you qualify for an oral exam?

The Legal Practice Council (LPC) allows certain candidates to sit for an oral examination if they narrowly miss the required pass mark, and based on how well they did in the written paper:

• Pass (50% or more):  You have passed the paper and do not need to sit for an oral, subject to highly exceptional circumstances.
• Oral range (40% to 49%):  You qualify for an oral examination.  The examiners want to test your verbal competency to see if you can be nudged over the 50% passing threshold.
• Fail (below 40%):  You have failed the paper and do not qualify for an oral.  You will need to rewrite the written paper in the next session.

Please remember that if you score between 40% and 49%, the oral is compulsory to pass the paper in that session.  Failing to attend the oral results in an automatic failure for that paper.

 

How to prepare for an oral exam 

Preparing for an oral assessment requires a complete shift in your study mindset.  In a written exam, you have the luxury of time to sketch layouts, cross out mistakes, and structurally organise your thoughts on paper.  In an oral exam, your delivery must be immediate, structured, and precise.

Examiners are generally looking for evidence that you:

• Understand the core legal principles in the subject.
• Can apply legal knowledge to practical situations.
• Can identify relevant procedures and ethical considerations.
• Communicate clearly and professionally.
• Demonstrate the competence expected of an entry-level legal practitioner.

 

Start with your written paper

If you qualify for an oral examination, one of the first steps you should consider is applying for a review of your written paper.

A remark can be valuable for two reasons.  First, it may result in a passing mark, eliminating the need to attend the oral examination altogether.  Second, even if the mark remains unchanged, the process encourages you to revisit your performance critically and identify areas that may attract attention during the oral.

Ask yourself:

• Which questions did I leave partially unanswered?
• Which answers did I guess?
• Which topics caused me the most difficulty?
• Which questions consumed most of my time?

A candidate who understands the purpose of a procedural rule, the requirements of a valid will, or the operation of a trust account will generally be in a stronger position than someone who has memorised large amounts of information without understanding how it operates in practice.

The areas that deserve particular attention will differ depending on the paper.  These topics, however, should not be treated as an exhaustive list of what may be examined.  They are simply areas that frequently arise and that often provide a useful starting point for preparation.

Paper 1:  Candidates should be comfortable discussing the jurisdiction of the courts, important procedural time limits, the distinction between action and application proceedings, and the essential elements of a cause of action.  These concepts arise regularly in practice and frequently form the basis of oral questioning.

Paper 2:  It is important to have a solid understanding of intestate succession, and the formal requirement for a valid will is essential.  Examiners often focus on these topics because they form the foundation of succession law and estate administration.  Candidates should also be familiar with the role and responsibilities of an executor.

Paper 3:  Questions relating to conflicts of interest, confidentiality, overreaching, and the duties owed to clients and the court are common because they test professional judgment as much as legal knowledge.  A working knowledge of the LPC’s Code of Conduct is therefore particularly important.

Paper 4:  Candidates often benefit from focusing on the underlying principles of legal accounting rather than attempting to memorise accounting processes mechanically.  Understanding the difference between trust and business accounts, how trust money moves through a practice, and why trust shortages occur makes it far easier to answer practical questions confidently.

As the oral examination requires candidates to explain legal concepts verbally, it is also important to incorporate speaking practice into your preparation.  Reading notes and highlighting textbooks may assist with revision, but neither replicates the experience of answering questions under pressure.  Discussing topics with a colleague, principal, mentor, or fellow candidate attorney can help identify areas of uncertainty and improve confidence before the examination.

Finally, every examination cycle tends to generate speculation about the topics that are likely to be examined.  While these discussions can be tempting to follow, they rarely provide a reliable basis for preparation.  Oral examinations allow examiners to move quickly between topics and test understanding through follow-up questions.  This is why you must develop a broad understanding of the core principles rather than attempting to predict what may appear on the day.

 

What to expect on the day of the oral examination

For many candidates, the uncertainty surrounding the oral examination is often more stressful than the examination itself.  Having a clear understanding of the process can help reduce some of that anxiety and allow you to focus on demonstrating your knowledge.

At present, most LPC provincial offices conduct oral examinations virtually through platforms such as Microsoft Teams, although some provinces may still conduct examinations in person.  Candidates will be notified of the time and venue of their allocated examination slot before the examination date, so it is important to check your emails regularly for any communication from the LPC.  Regardless of the format, candidates should approach the examination with the same level of professionalism and preparation.

• Before the examination begins, you will usually be required to verify your identity.  This is done by presenting your original identity document or passport to the camera.  Examiners may also ask you to scan the room using your camera to confirm that you are alone and that no notes, textbooks, additional screens, or electronic devices are available for reference during the examination.
• It is important to ensure that you are participating from a quiet, private, and secure location.  Interruptions, background noise, or technical distractions can affect both your concentration and the flow of the examination.  If possible, test your internet connection, microphone, and camera in advance to avoid unnecessary stress on the day.
• Once the formalities are complete, you will be introduced to the panel.  The panel usually consists of two or three experienced legal practitioners who have been appointed as examiners.  While it is natural to feel intimidated by the prospect of answering questions before senior practitioners, it is worth remembering that they are assessing your competence as a future attorney rather than looking for reasons to fail you.
• Candidates are often informed that the oral examination has been allocated a twenty-minute timeslot.  In practice, however, the duration is entirely within the examiners’ discretion.  Some examinations conclude relatively quickly, where the panel is satisfied that the candidate has demonstrated sufficient knowledge and competence.  Others may continue for longer, particularly when examiners wish to explore certain topics in greater detail or to allow the candidate to clarify an answer.
• Candidates should also pay attention to their appearance and presentation.  Although the examination takes place online, it should be treated as a professional legal engagement.  Formal business attire remains appropriate and helps create the right mindset for the examination.  Many candidates find that approaching the oral as though they were appearing before a court or attending an important client consultation helps them maintain a professional and focused approach.

Perhaps the most important point to remember is that the examiners are assessing your overall competence rather than searching for a perfect answer to every question.  Most candidates will encounter at least one question that they find difficult.  What often matters is how they respond when faced with uncertainty.  Remaining calm, thinking through the problem logically, and communicating clearly can leave a far stronger impression than guessing an answer you do not fully understand.

 

What types of questions can you expect?

The questions asked during the oral examination are usually practical rather than academic.  Examiners are not interested in whether you can recite long theoretical explanations.  They want to see whether you understand the work well enough to apply it in practice.  At this stage of the admission process, the concern is whether you are sufficiently prepared to enter the profession without placing clients, the public, or the profession at risk.  For that reason, many questions are designed to test practical judgment, ethical awareness, and basic procedural competence, which can include (but are not limited to) three categories of questions:

1. Questions based on your written script:
   Examiners may ask about mistakes or omissions in your written exam, such as incorrect time periods or missing elements in notices, affidavits, or pleadings.
2. Scenario-based questions:
   Examiners may present a practical legal problem and ask how you would handle it, such as urgent spoliation matters, boundary disputes, or non-compliant debtors.
   The focus is usually on identifying the legal issue, selecting the correct procedure, and explaining the next practical step.
3. Ethics and professional conduct questions:
   These questions are designed to assess your judgment as a future legal practitioner, and may include common topics such as trust money, confidentiality, conflicts of interest, and duties to the court.

 

How to answer questions effectively

When a question is posed, avoid answering too quickly.  It is acceptable to pause briefly before responding.  A short pause gives you time to organise your thoughts and often results in a clearer answer.  A useful way to structure your response is to use the same basic method you would use to a written legal problem.

1. Identify the legal issue.
2. State the relevant rule, section, procedure, or ethical principle.
3. Apply it to the facts given by the examiner.
4. Conclude with the practical step you would take.

For example, if the examiner gives you a scenario involving a possible conflict of interest, (1) begin by identifying the conflict.  Then (2) explain the relevant ethical rule, (3) apply it to the facts, and (4) conclude by stating whether you may continue to act.  This structure helps you avoid rambling and shows the panel that your thinking is organised.

If you genuinely do not know the answer, honesty is better than bluffing.  Examiners can usually tell when a candidate is guessing.  A more professional answer would be to explain what you do know and then state where you would verify the point in practice.  For example, you might say that you do not recall the exact rule number, but you would consult the Magistrates’ Courts Rules or the relevant statute before taking the next procedural step.  That type of answer shows awareness of your limits and respect for proper legal practice.

 

Common mistakes to avoid

1. If an examiner corrects you or guides you toward a different answer, avoid becoming defensive.  Listen carefully, accept the correction where appropriate, and adjust your answer.
2. If the oral is conducted online, test your microphone, camera, internet connection, and device in advance.  Technical problems create unnecessary stress and may affect your ability to participate properly.
3. In most cases, a clear, focused answer is better than a long answer that veers from the question.  Answer what has been asked, explain your reasoning, and then stop.

 

Looking ahead: The transition to the five-paper syllabus in 2027

As a quick administrative note for those planning future examination sessions, the LPC is introducing significant changes to the structure of the competency-based examination.

Beginning in March 2027, the current four-paper model will be replaced with a five-paper syllabus.  One of the primary objectives of this restructuring is to reduce the breadth of content currently assessed in Paper 3 by separating Criminal Procedure into its own standalone paper.  The new structure will also place greater emphasis on areas that are becoming increasingly important in modern legal practice, including legal technology and cyber law.

For candidates who intend to write the examinations in 2027 or thereafter, it is important to familiarise yourself with the revised syllabus as early as possible.  While the fundamental principles of legal practice remain unchanged, the way those principles are assessed will differ from the current system.

At the time of writing, candidates should continue to monitor LPC communications and guidance from recognised training providers for updates regarding implementation dates, examination structures, and transitional arrangements.  This article unpacks the five-paper syllabus in greater detail and explains what these changes mean for candidate attorneys.

 

Conclusion

Qualifying for an oral examination can initially feel daunting, particularly after narrowly missing a pass mark in the written examination.  However, the oral should be viewed as an opportunity rather than a setback.  It gives you the opportunity to show your understanding of the law, your professional judgement, and your readiness to enter the profession.

With thorough preparation, a clear understanding of the fundamentals, and a calm approach on the day, the oral examination becomes far more manageable than many candidates initially expect.

 

About the author

Theshaya Naidoo is a PhD (Law) Candidate and Canon Collins Scholar.  Her research focuses on 'The Legal & Ethical Implications of Neurotechnology on the South African Criminal Justice System'.  She holds an LLM in Medical Law, where her thesis focused on 'The necessity of sui generis AI regulation in South Africa'.  Theshaya is a Gawie le Roux Institute of Law alumna and top achiever in the 400-hour GLR PVT School.  She passed her competency-based exams in 2026.

 

Last updated on 19 June 2026.