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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 Professional Training Course(hereinafter referred to as the BPTC, formerly known as the Bar Vocational Course/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 BPTC, 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 BPTC is expected to commence. After the candidate successfully complete the BPTC, 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 https://www.barprofessionaltraining.org.uk/ for more information regarding the application
Updated: I would like to bring everyone's attention that the Bar Professional Training Course has replaced 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.
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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.
Apr 25 2013, 02:39 AM, updated 9y ago
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