1.0 Objective and purpose of this thread

This thread was started due to my interest as a student and it is meant to act as a point of reference for legal studies as well as to consolidate relevant questions. Its object among other things is to reduce the confusion and misconception as regards to the profession as well as to the legal studies. As the admission procedures and requirements differ from jurisdiction to jurisdiction, I will be concentrating on the admission as an Advocate and Solicitor to the High Court of Malaya.

Therefore, feel free to discuss relevant questions or experiences in this thread so as to improve and build upon the wealth of knowledge in the Education Essentials section.


2.0 Nature of the legal profession

Being a lawyer is not a mere profession in the sense of completing the required task and earning an income for it. There are other important roles connected to the legal profession. According to Lord Denning, a lawyer is a social guardian. A lawyer has an extra responsibility in society because a lawyer would have the required training and knowledge to speak about social injustice and abuse of power.

Therefore, a lawyer is regarded as a social commentator. He is given the duty to ensure that the social values and rights are taken care of. Human rights and public rights would be issues that are of paramount importance to lawyers. It is a lawyer's endeavour to ensure the rights of the society will not be infringed especially by powerful individuals or the state and these are lawyers' responsibility to society.

Whenever any form of social injustice such as the oppression of labourer and citizens and the exploitation of any weaker section of the society occurs, it will be crucial that these form of injusice are corrected and be brought to the attention of the people and hopefully through the powers of media, it will be brought to the attention of the whole community.

Besides that, when any form of manipulation by the powerful occurs in a society, it is the lawyer's bounden duty to ensure that any form of such abuse of position and corruption be highlighted. These lines of argument are basically the 'supposed' reasonings why lawyers do what they do when there is any form of injustice and oppression in society especially when this injustice is committed for the achievement of self-interest by the powerful.

'practising members of the profession are in the best position to spot necessary changes in the law...... it is their duty to draw public attention to the need for change whenever it arises. Lawyers owe this duty to their fellow citizens' - speech given in 1981 at the Sixth Malaysian Law Conference by the late Tun Suffian, former Lord President of the Federal Court.

3.0 Who is a qualified person for purposes of Section 10 of the Legal Profession Act 1976 to be admitted as an Advocate and Solicitor of the High Court?

Part 1 Section 3 of the Legal Profession Act 1976 defines a 'qualified person' to be any person who -

( a ) has passed the final examination leading to the degree of Bachelor of Laws of the University of Malaya, the University of Malaya in Singapore, the University of Singapore or the National University of Singapore;

( b ) is a barrister-at-law of England; or

( c ) is in possession of such other qualification as may by notification in the Gazette be declared by the Board to be sufficient to make a person a qualified person for the purposes of this Act;


4.0 What are the steps to become a lawyer in Malaysia

4.1 Local Public Universities

Currently there are 5 Law Faculties in local public universities -
1. Universiti Malaya in Kuala Lumpur;
2. Universiti Kebangsaan Malaysia in Bangi, Selangor;
3. International Islamic University in Gombak, Selangor;
4. Universiti Teknologi MARA in Shah Alam, Selangor; and
5. Universiti Utara Malaysia in Sintok, Kedah.

The current procedure to gain admission into the Malaysian Bar via the abovementioned Universities are as follows :-

STPM/Matriculation -> Bachelor of Laws/LLB (4 yrs) -> pupillage 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> pupillage further 6 months -> long call to the bar(full right of audience)

4.2 National University of Singapore
The pathway for NUS is apparently the same as local public universities with the exception of STPM where A levels or it's equivalent is recognised.

4.3 Local Private University

There is currently a local private university law degree (MMU) which is pending recognition by the Qualifying Board.

The procedures are as follows :-
STPM/A Levels/Foundation/other recognised qualification by the University -> Bachelor of Laws (4 yrs)
Once it has been recognised -> pupillage 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> pupillage for a further 6 months -> long call to the bar (full right of audience)

4.4 Local External Law Degree
The local External Law Degree mirrored against the University of London's External Law Degree is the Bachelor of Jurisprudence(External) from University Malaya. The route is the same as a foreign university route.

4.5 Foreign Law Degree

In order for a foreign law degree to be recognised, the candidate must obtain at least 3 credits in one sitting for the SPM Examination or its equivalent and also obtain at least 2 principal passes in one sitting for the STPM Examination or its equivalent and the candidate must use these results to enter into the law programme with the respective University. An exception to this would be the mature student entry route which would require the mature student to satisfy the abovementioned SPM requirement in addition to a minimum of 5 years proven working experience in the related field and also the special panel of the University admitting the mature student must declare that the mature student is suitable and proficient to follow the law programme and this must be done in concurrence with the Legal Profession Qualifying Board(hereinafter referred to as LPQB). Therefore, the mature route is subjected to the LPQB's discretion and it is best if the LPQB is contacted directly with regard to recognition of the relevant law degree. Once the abovementioned entry requirement is satisfied the route will be as follows :-

Recognised foreign law degrees (check with LPQB due to the list being frequently updated) -> CLP -> pupillage 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> pupillage further 6 months -> long call to the bar (full right of audience)

*There is a requirement of a lower second class honours for University of London (External) Law graduates in gaining recognition for their degrees from the LPQB but the same rule does not apply to Internal Students.


5.0 Alternative Route to become a lawyer in Malaysia pursuant to Section 3 para b and c of the Legal Profession Act 1976

5.1 Pathway to become a Barrister-at-law of England and Wales

The stages to become a barrister is divided into two. The first being the academic stage and the second being the vocational stage. Successful completion of these two will entitle the qualification holder to be called to the English Bar. The law degree must be a recognised law degree so as to satisfy the academic stage .

Once the academic stage is completed, the candidate will then proceed to apply for the vocational stage. This is where the candidate would have to apply for a place with the 10 accredited providers of the Bar Vocational Course(hereinafter referred to as the BVC, formerly known as the Bar Exams) and this is done during the final year of the law degree.

The candidate is recommended to join one of the four Inns of Court(Inner Temple, Middle Temple, Lincoln's Inn and Gray's Inn) once he or she has made up his or her mind in becoming a barrister anytime during his or her law degree.

However, once the candidate has been accepted into the BVC, h/she will have to submit the application to become a student member of one of the Inns before 31st May of the year the BVC is expected to commence. After the candidate successfully complete the BVC, he/she will be entitled to be called to the English Bar (without any right of audience) as long as the 12 Qualifying Sessions(Formerly known as Dining Sessions) with their respective Inn are completed.

In order for a Barrister to exercise his or her right of audience in England, a minimum of 12 months pupillage contract as well as specified Continuing Professional Training must be completed within a prescribed period.

Alternatively, should the barrister decide to practice in Malaysia pursuant to Section 3 para b of the Legal Profession Act 1976, the route would
be as follows :-

pupillage 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> pupillage further 6 months -> long call to the bar (full right of audience)

Please refer to http://www.bvconline.co.uk/ for more information regarding the application


Updated: I would like to bring everyone's attention to the Bar Professional Training Course that is due to replace the Bar Vocational Course. The revised course is expected to start in 2010. The passing mark will be increased by 5% from 60% to 65%. There will no longer be 3 attempts for the failed module. There will only be 1 attempt.

The most significant of all would be the Aptitude Test that is required before being eligible to enrol for the Bar Professional Training Course.

The implementation of the entrance examination and the new course (with new syllabus) is in line with Derek Woods QC's recommendation in 2008.

Please contact the Bar Standards Board for further information.



5.2 Pathway to become a Barrister-at-Law of Dublin

The pathway is basically almost the same as the path to become an English Barrister except that the academic stage must be recognised by King's Inn(The Subjects required are different) in addition to sitting for an entrance examination prior to the candidate proceeding for the Bar examinations. Successful completion of the Bar examination would enable to student to be called to the Irish Bar. This is sufficient to practice in Malaysia as King's Inn, Dublin Barrister-at-Law is recognised by the LPQB.

Should the barrister decide to practice in Ireland, the barrister would then have to complete a minimum of 12 months of Devilling.

Please refer to http://www.kingsinns.ie/website/index.htm for more information regarding the entrance examination

5.3 Pathway to become a Solicitor of the Supreme Court of Judicature England

The overview is basically the same as a Barrister-at-law in England with the exception of the vocational stage as well as the Inns.
A prospective solicitor will have to apply for the Legal Practice Course(hereinafter referred to as the LPC) during their final year for the Law Degree. Even after a prospective solicitor completed the LPC, he/she will not be entered on the roll until and unless a 2 years training contract as well as specified Continuing Professional Training is completed within a prescribed period.

Please refer to http://www.lawcabs.ac.uk/cabOnline/lpc.htm for more information regarding the application

*Every qualified person must have obtained at least a credit in BM and obtain an exemption certificate from the Qualifying Board prior to being called to the Bar in Malaysia, else the qualified person will have to sit for the Bahasa Malaysia Qualifying Examination.


6.0 What is a right of audience which is commonly referred to above?

A 'right of audience' is defined by the Courts and Legal Services Act 1990 (UK Legislation) as:

'the right to exercise any of the functions of appearing before and addressing a court including the calling and examining of witnesses'. (Section 119)

In short, only lawyers with right of audience(subject to local regulations), officers of the court, witness and litigants in person are allowed in between the bar and the bench. However, those without right of audience are unable to exercise the powers granted by the right of audience as defined above. Therefore, this distinguishes someone with right of audience with other natural person.

The bar in this case is an imaginary bar though commonly used to refer the bar separating the public gallery. The bench would be the area judges sit.

This post has been edited by schizophrenic: Oct 22 2009, 08:21 AM

CLP to be abolished

7.0 Has the CLP been abolished with the recent statement given by the de facto Law Minister?

A simple answer is no because it is still a proposal. Reference can be made to the statement issued by the Secretary of the Bar Council below as to the implementation of the proposal.




This post has been edited by schizophrenic: Jun 10 2008, 02:55 AM

8.0 What is the governing body regulating the CLP Examination as well as recognising qualifications for admission as an advocate and solicitor in the High Court?

The Legal Profession Qualifying Board (LPQB) is established pursuant to Part II Section 4 of the Legal Profession Act 1976

8.1 Function of the Board

Section 5 - The Board shall have the following functions:
( a ) to prescribe the qualifications required for the entry of any person into articles with a view to his admission as an advocate and solicitor;
( b ) to provide courses of instruction for, and to regulate the training and instruction of, articled clerks;
( c ) to provide for the examination of articled clerks wishing to become qualified persons;
( d ) to decide on the qualifications, if any, other than those set out in paragraphs (a) and (b) of the definition of "qualified person" in section 3, which may entitle a person to become a qualified person for the purposes of this Act;
( e ) to provide courses of instruction for, and for the examination of, persons whose qualifications are not sufficient to make them qualified persons for the purposes of this Act except after undergoing the courses and passing the examination;
( f ) to provide for the management and conduct of the Bahasa Malaysia Qualifying Examination

8.2 Contact

Legal Profession Qualifying Board Malaysia,
27th Floor,
Menara Tun Razak
Jalan Raja Laut,
50350 Kuala Lumpur
Tel: (603) - 2691 0054
Fax: (603) - 2691 1042

Please contact the Qualifying Board for updates with regard to recognised qualifications as well as specific preconditions to sit for the CLP examination.

8.3 List of Universities and Qualifications recognised in Malaysia
Country Institutions and Qualifications
Malaysia

1. Universiti Malaya Bachelor of Laws (LL.B)
2. Qualifying Board CLP
3 Institut Teknologi MARA ADIL
4 International Islamic University Bachelor of Laws (LL.B)
5 Universiti Kebangsaan Bachelor of Laws (LL.B)
*6 University Utara Malaysia Bachelor of Laws (LL.B)
*7 Multimedia University Bachelor of Laws (LL.B)

Singapore
1. University of Singapore Bachelor of Laws (LL.B)
2. National University of Singapore Bachelor of Laws (LL.B)
3 University of Malaya in Singapore Bachelor of Laws (LL.B)

United Kingdom
1. The Inner Temple Barrister-at-Law
2. The Middle Temple Barrister-at-Law
3. Gray's Inn Barrister-at-Law
4. Lincoln's Inn Barrister-at-Law
5. The Law Society Solicitor of the Supreme Court of Judicature England

Australia
1. Australian National University Bachelor of Laws (LL.B)
2. University of Sydney Bachelor of Laws (LL.B)
3. University of Adelaide Bachelor of Laws (LL.B)
4. Monash University Bachelor of Laws (LL.B)
5. University of Melbourne Bachelor of Laws (LL.B)
6. University of Western Australia Bachelor of Laws (LL.B)
7. Macquarie University Bachelor of Laws (LL.B)
8. University of New South Wales Bachelor of Laws (LL.B)
9. University of Queensland Bachelor of Laws (LL.B)
10. University of Tasmania Bachelor of Laws (LL.B)
11. University of Technology, Sydney Bachelor of Laws (LL.B)
12. Bond University, Queensland Bachelor of Laws (LL.B)
13. Murdoch University Bachelor of Laws (LL.B)
14. Queensland University of Technology Bachelor of Laws (LL.B)

New Zealand
1. University of Auckland Bachelor of Laws (LL.B)
2. University of Centerbury Bachelor of Laws (LL.B)
3. Victoria University of Wellington Bachelor of Laws (LL.B)
4. University of Otago Bachelor of Laws (LL.B)
5. University of Waikato Bachelor of Laws (LL.B)

Ireland
1. King's Inn, Dublin Barrister-at-Law


Source : http://www.malaysianbar.org.my/how_to_be_a_member.html

*UPDATED : Eligibility to proceed with pupillage without any additional qualification
Universiti Utara Malaysia
"Government Gazette P. U. (B)119 dated 16 April 2009"
Multimedia University
These 2 institutions were announced under the same Government Gazette.


9.0 Common legal qualifications

Legum = plural for lex
Lex = singular for law

LL.B = Legum Baccalaureus = Bachelor of Laws
LL.M = Legum Magister = Master of Laws
LL.D = Legum Doctor = Doctorate of Laws

J.D = Juris Doctor = Doctor of Jurisprudence/Juris Doctorate

BA in Jurisprudence = Bachelor of Arts in the Final Honour School of Jurisprudence
BA Law = Bachelor of Arts in the Final Honour School of Law

10.0 What is Advocacy?
Advocacy is the means by which a barrister(or an advocate) puts their client’s case to the court, and may be both written and oral. It is a specialist skill, the quality and excellence of which distinguishes the Bar from other providers of legal services (It is a fused profession in Malaysia. However, the skill as an advocate in Malaysia is not exercised by all practising lawyers. Do note that providers of legal services does not necessarily mean practising lawyers.). It is in the interests of the public, the court and the profession that barristers(or advocates) present their cases to the highest possible standards.

Oral advocacy is primarily a performance skill. It requires the advocate to address the court persuasively and concisely, presenting their cases in a manner which is clear, well organised and efficient.

Key advocacy skills include case analysis, use of skeleton arguments, oral submissions, examinations-in-chief and cross-examination, pleas in mitigation and legal submissions.

Source (with appropriate modification): Advocacy Training Council

11.0 Since Solicitors of the law society of england and wales are by reference to http://www.malaysianbar.org.my/membership.html able to gain membership to the Malaysian bar, why doesn't anybody speak of this route. Is there a limitation to only solicitor work or due to Malaysia's fused system, can such a member of the law society also undertake advocate work in Malaysia if allowed membership to the Malaysian bar?

Yes they are able to but in order for one to be entered on the roll to become a solicitor in England, one will have to secure and complete the training contract and it is extremely competitive especially when one is not a British citizen or an EU citizen. Therefore, the preferable route is to become a Barrister-at-law as one will be able to be called to the bar prior to gaining a pupillage contract though being a barrister alone does not by itself confer automatic right of audience. There are a few Solicitors in England who is currently an Advocate and Solicitor in the High Court of Malaya and there is no limitation on their part in Malaysia. Even in England, after the enactment of the Courts and Legal Services Act 1990, the distinction between a Barrister and a Solicitor has been considerably narrowed.

Besides, the recognition of a Solicitor is due to the powers given to the Legal Profession Qualifying Board pursuant to Section 3 para c of the Legal Profession Act 1976. Considering the tendency of our policy to be very volatile, it is much safer to become a Barrister-at-law as only an Act of Parliament is able to amend it as opposed to mere discretion given to the Board.

This post has been edited by schizophrenic: Sep 19 2009, 11:59 PM

12.0 What is the basic difference between the jurisdiction in US with other Common Law countries such as Malaysia?

"We all know the language of the common law is English and all the case law and textbooks on the common law the world over are written in English and it would be poor advocacy to put your case to the tribunal with translations from the English text.....Always apply for permission to address the court in English." - Dato N.H. Chan, former Court of Appeal Judge

US, UK, Malaysia, Singapore, and a number of countries' legal system is based on the Common Law System. It is fundamentally English(British) but has been developed accordingly and today recognised as the US Common Law, Malaysian Common Law and Singapore Common Law as opposed to merely the English Common Law.

Therefore, the Malaysian Common Law is not different in the sense that the foundations are the same. The development of the body of cases is different. Why is it still important? Common Law is mainly based on the principle of stare decisis and the entire body of the common law is a wealth of knowledge by judges. To disregard the knowledge we could gain by referring to other common law jurisdiction decisions would not serve us beneficially contrary to popular belief.

However, the sources of law in Malaysia is not based purely on Common Law. According to Salleh Buang, there are 4 principal sources of Malaysian law - customary law, Islamic law, English law(consisting of common law and equity) and statutes.

Admission into the US - refer to the state bar association. Normally require a person to possess a Juris Doctor (JD) from an accredited institution by the ABA. Else, a person with a foreign recognised law degree could take a LLM from an accredited institution. Both routes would require the person to sit for the state bar examination depending on which jurisdiction the person intend to practice.


13.0 What if my degree is not recognised by the Malaysian government. What can I do or what options do I have?

If the degree is not recognised by JPA then the holder will not be able to work in the civil service.

If the degree is not recognised by the LPQB or S3 LPA 1976 then the only option would be to be an English Barrister, English Solicitor or Irish Barrister(subject to changes to the recognition by the LPQB) if the degree is recognised by them.

Another unlikely and impractical alternative would be to become a lawyer elsewhere and to hope that the A-G will exercise his power under Section 28A Legal Profession Act 1976 so as to enable the lawyer to petition to be admitted as an advocate and solicitor of the High Court of Malaya or Sabah and Sarawak under Section 28B. The drawback here is, it is very unlikely that this power will be exercised and there is an expiry date for the Special Admissions Certificate.

14.0 What are the preconditions to sit for the CLP examination?

13.1 General route
1. The law degree must be a recognised law degree;
2. The applicant must have done the SPM/equivalent(which is recognised) and obtained at least 3 credits in one sitting;
3. The applicant must have done the STPM/equivalent(which is recognised) and obtain at least 2 principals in one sitting; and
4. The applicant must have used the result obtained to gain admission in the University for the recognised law degree.

13.2 Mature Student
1. A mature student must have at least 5 years proven relevant working experience;
2. The admission to the course must be based on that experience; and
3. The Qualifying Board must be satisfied that the mature student is suitable for CLP.

Therefore, the STPM/A levels route is still safer even for mature student.

NOTICE : There is a requirement for a credit in BM(SPM). Else, there is an additional BM Examination in which the candidate will normally be examined by a 3 person panel and normally 2 of them are judges. Those who went through this examination find it to be much tougher than the BM in SPM level. Typical questions given is to translate English provisions into BM.


15.0 Can a candidate who fail to satisfy the 2 principals in one sitting requirement for STPM or its equivalent sit for STPM or A levels after his or her law degree in order to qualify to sit for the CLP Examination?

No, because it does not apply retrospectively. The candidate must have entered the law degree either with the required result or as a mature student. If the candidate does not satisfy this requirement then the only option would be for the candidate to appeal. As of 1st January 2008, there has yet to be a successful appeal.


16.0 Career prospect of being a law graduates

Practically anything under the sun as long as the qualification satisfies the requirements stated by the prospective employer.

Normally, law graduates tend to proceed to become advocates or solicitors whether locally or abroad. There are those who prefer to enter fields like banking, business, commercial and management sectors where legal knowledge is sought after.

As a law graduate, there is an option of sitting for the ICSA Examination with 12 papers exemption. ICSA is recognised as a general degree on its own by JPA.

Please refer to :-
http://www.maicsa.org.my/students_recognition.aspx
Institute of Chartered Secretaries and Administrators (ICSA)

This post has been edited by schizophrenic: May 19 2009, 02:35 PM

17.0 What are the subjects required for the law degree to be recognised by the Qualifying Board in Malaysia?

The law degree SHALL contain a minimum of 12 substantive law subjects,

The 12 law subjects, SHALL include the following 6 core- subjects:
a. Law of Contract
b. Law of Torts
c. Constitutional Law
d. Criminal Law
e. Land Law, and
f. Equity and Trusts

Each of the core-subjects above, SHALL be studied for the duration of one academic year and candidates must have passed all the core-subjects mentioned above.


18.0 Can I specifically specialise into Business Law?

A simple answer would be 'it depends' on what is meant by Business Law. Does it specifically relate inter alia to the law governing businesses, contract, commercial and other laws incidental to business such as those governing interest of creditors(involuntary or voluntary), business premises, etc? Therefore, it seems that Business Law covers a wide variety of core and elective subjects and its syllabus differ accordingly.

Normally each of these are studied as a subject on its own but sometimes it tend to overlap. Therefore, the scope and depth of the subject law students read are different from those taking a business degree.

Such a specialisation can be made by selecting relevant elective subjects in combination with other core or elective subjects.

However, there are institutions that offer LLB (Business Law). It is not exactly business law per se but the compulsory electives (options paper) will be inclined towards Business Law subjects such as Commercial Law, Company Law, Employment Law, etc. These subjects differs accordingly as it is subject to the syllabus of specific institutions.

As long as the papers for the LLB (Business Law) satisfy the requirements of the Qualifying Board and it was awarded from a recognised institution, then there should not be a problem with regard to recognition.


19.0 Are there any specific English language requirement for legal studies?

Normally the requirement for undergraduate level is at least a 6.5 overall band score for IELTS. However, for the Bar Vocational Course, there is a requirement of at least a 7.5 in all 4 modules for IELTS. Northumbria's policy for the BVC is an 8.0 minimum for the speaking category alone with at least a 7.5 overall band score. Masters programme normally require a 7.0 overall band score for IELTS.

There may be exemptions and it is best to obtain more information from the respective institutions. Moreover, the English language requirement above is merely a guidance as it may differ from institution to institution.


20.0 Miscellaneous Links

Justice Ian Chin's notes of proceedings
Justice Ian Chin's notes of proceedings - Continuation of hearing (July)
Solicitor's Remuneration Order 2005
Red Book : Know Your Rights
Datuk George Seah : The Hidden Story
Prof. Lon L. Fuller : The case of the Speluncean Explorers
Full Grounds of Judgment by Aziz Rahim J. in MB v MB suit
Opinion in regards of V.Simakumar by Tommy Thomas
LAWASIA Condemns the Arrest of 5 KL Legal Aid Lawyers
A consideration for foreign practitioners entering the legal profession in Malaysia


This post has been edited by schizophrenic: Jun 3 2009, 10:10 AM

Great thread, very informative. Should be pinned for future reference.


Just to add:- the New York and California State Bars are the only exceptions. Holders of foreign law degrees are eligible for the state bar exams without an ABA accredited LLM.

Good thread, provides all the information we need.. thanks for the effort..=)

Very useful informations you got there. keep it updated!

great job schizo...

I am just sharing my limited knowledge with regard to the routes and basic understanding of legal qualifications and the profession. Do continue questioning, discussing and clarifying relevant uncertainties so as to enhance and sharpen our understanding.



Hopefully others will find it useful.

This post has been edited by schizophrenic: Jun 11 2008, 12:14 AM

where else can i practise as a lawyer else than malaysia with a local degree from UM?

There isn't any direct answer to your question.

Normally you will have to sit for additional papers in order to qualify. If you are from UM and your degree classification satisfies their requirements then you will have to sit for a postgrad dip before you are eligible to practice in Singapore. This is subject to the date you obtained your qualification as there are different rules for those who obtained theirs quite sometime ago (prior to the mid 90s).

If you are interested to practice in England, you will have to submit an application the their Bar Council as a qualified foreign lawyer. They will then determine if you will have to sit for additional qualifications(normally you will be required to do so).

Therefore, it really comes down to whether or not the respective country that you intend to practice recognises your qualification. It differs from jurisdiction to jurisdiction and I am not professing to know all of them. It would also be impractical to keep track of all their respective developments.

thx schizophrenic, if i have to sit for their examinations (eg England, Singapore), which means my degree is considered not recognised by them? and Ive always thought a law degree from UM is recognised in Singapore..

---

Added on June 11, 2008, 10:59 pmtaken from Law Society of Singapore : -

Section 15 (2)
A Malayan practitioner who is a qualified person and who has been in active practice in any part of West Malaysia for a continuous period of not less than 3 years in the 4 years immediately preceding his application for admission may be admitted as an advocate and solicitor without being required to serve any period of pupillage or to attend any course of instruction or to pass any examinations.


"qualified person" means any person who -

( b ) on or after 1st May 1993 possesses such qualifications and satisfies such requirements as the Minister may prescribe under subsection (2)*; or
( c ) is approved by the Board as a qualified person under section 7.

Section 7 :
7.-(1) The Board may, in its discretion, upon an application made to it by any person who is not otherwise entitled to become a qualified person but who, in the opinion of the Board, possesses such qualification or expertise as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore, approve the person as a qualified person for the purpose of this Act and issue to him a certificate to that effect.

UM is in the list of 'Institutions of Higher Learning And Degrees In Law Conferred '...

does that mean local grads of UKM cannot practise in Singapore? only UM grads can be considered?

sorry for the troubles..hope that u can help me out..thank you so much..

This post has been edited by serena_lee: Jun 11 2008, 11:04 PM

First of all, you need to refer to Section 15 (1) as well as (2).



Thereafter, you will need to understand what is meant by a qualified person in Singapore. However, do note that the rules in the website isn't updated to reflect the recent changes.

Legal Profession (Qualified Persons) Rules

Considering that UM is in Schedule 2 of the Rules, I have attached the relevant rule and also bolded the date whereby the rule is effective.



Therefore, if you did not start your llb in UM prior to 1st Jan 1994, then you will have to satisfy subs 1 or be admitted by virtue of section 7.

*Do note that Under S15 (2), the period whereby the Malayan practitioner has been in active practice will only start to run once the Malayan practitioner is a 'qualified person'. If the practitioner is not a qualified person, then the section will not come into play.

As far as I can see in the Rules, they do not seem to have any provision for LLB holders from UKM or any other IPTA. However, they do impose a requirement for degrees recognised by them whereby the holder will have to obtain at least a 2:1 for uk and highest 30%, in terms of academic performance, of the total number of the graduates in the same batch. In addition to this, the holder will have to sit for the Graduate Diploma in Singapore Law.

Being a foreigner, you will also need to get approval from the Ministry of Law to allow you to sit for the Graduate Diploma in Singapore Law.

Therefore, as Malaysian IPTA LLBs isn't covered by the Rules, the holder will have to refer to the procedure for application to the Board so as to exercise it's discretion :-

Procedure
To enable the Board to consider your application for such a certificate pursuant to Section 7 of the Act, you are advised to submit a written application setting out your personal particulars and educational qualifications. In support of your qualification, certified true copies of the following should be enclosed:
(a) Bachelor of Laws (LL.B.) degree.
(b) Transcript of your academic records.
© Statement of your class ranking in the final LL.B. examination.
(d) Your experience in the legal profession..
(e) Professional achievements in law or in legal practice.
(f) Nationality.


The reason why I did not emphasise much on Section 15(1) is because you need to be a qualified person and only limited Universities are recognised (Malaysian IPTA does not appear to be included with the exception of UM which I quoted above subject to time limitation). In addition to that, I have included the requirements for a 2:1 for uk llbs as well as the top 30% for aussie and nz llbs.




This post has been edited by schizophrenic: Jun 24 2008, 07:53 PM

Essay competition for BVC and law students

19 June 2008

An essay competition run by the Bar Council's Law Reform Committee and sponsored by the Bar Council Scholarship Trust, is open until October 2008.

The competition, which is open to students and pupils, invites entrants to submit an essay of not more than 3000 words, which identifies and makes the case for a law reform that is desirable, practical and useful.

Prizes are:

£4000 for the winner
£2,500 for the runner up
£1,500 for the best CPE entry
£1,000 for the runner up CPE entry

Closing date: 10 October 2008

Prizes will be presented at the Law Reform Lecture on 20 November 2008. The competition is open to law students and pupils. For full details of eligibility and the rules please see the attached entry form.

Rules and Entry Form

Source : http://www.barstandardsboard.org.uk/news/latest/207.html


Most common eligibility : Any law student undertaking the academic stage training for the bar (eg: UK LLB degree) during the academic session 2007/08 or will be doing so during the academic session 2008/09

Please refer to the entry form for more information (incl. the topic)

This post has been edited by schizophrenic: Jun 24 2008, 07:57 PM

thanks for the info!

all private universities in malaysia offering law degree requires their law students to complete their third year in UK which is quite expensive.

can i know the estimated fees that we need to pay including living expenses in UK?

It is not an easy task to give an estimation as it differs from region to region. I am aware of someone who survived on Rm40k for a year in Newcastle including accommodation and basic living expenses. However, it appears that the University recommend students to prepare 6.5k pounds per year for the same purpose.

Therefore, it will be better if you seek the estimation advice in
http://forum.lowyat.net/topic/304662

This post has been edited by schizophrenic: Jun 24 2008, 10:20 PM

thanks again!!

in that case, can i know the tuition fees for the third year in university
* University of Liverpool
* Cardiff University
* University of Wales, Aberystwyth
* Northumbria University
* University of the West of England, Bristol
* University of Hertfordshire
and pls tell me the basic living expenses for a month in UK(juz a general estimation after averaging all) that we should at least have in hand in order to survive. =)

thank you again

Like I said earlier, please refer to http://forum.lowyat.net/topic/304662

However, I have included the information for 3 Universities you requested below :

UWE
Northumbria
Cardiff

This post has been edited by schizophrenic: Jun 24 2008, 11:03 PM

errr...
i've so many question..
but my question is i dono wats the actual problem..
i'm afraid that i cant do it..
i mean in studying law..
can u explain more further n details in studying law.
wat r v studying actually ?!
and ..
english need to be fluent?! very pro ?!
and except the local public U..
wats the others uni or colleges do u suggest ..? in malaysia
Taylors ?! HELP ?! KDU ?! or ATC ?!
i'm totally lost my way..
btw.. for ur imformation..
i'm doin SPM tis year lar..
can u guide me more on these ?!
thanksz