Law Studies FAQNature of the legal professionBeing 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.
1.What are the steps to become a lawyer in Malaysia. (local and overseas universities graduates)The
local public university option for a law degree would be Universities like UM, UKM, UITM, UIA, and other Public Universities offering a law degree. The procedure to gain admission into these Universities are as follows :-
STPM/Matriculation -> Bachelor of Laws/LLB (4 yrs) -> chambering 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> chambering further 6 months -> long call to the bar(full right of audience)
The pathway for NUS is apparently the same as local public universities with the exception of STPM where A levels of it's equivalent is recognised.
There is currently a
local private university law degree (MMU) which is pending recognition. The procedure is as follows :-
STPM/A Levels/Foundation/other recognised qualification by the University -> Bachelor of Laws (4 yrs)
Once it has been recognised -> chambering 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> chambering further 6 months -> long call to the bar (full right of audience)
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.
In order for a
foreign law degree to be recognised, the scholar 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 qualification holder must use these results to enter into the law programme from 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 -> chambering 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> chambering 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. I have not received a confirmation about this as I am not aware of anyone with an internal degree obtaining anything lower than a lower second class.
What is right of audience?A 'right of audience' is defined by the Courts and Legal Services Act 1990 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.
CLP will most probably be replaced in the near future.Pathway to become a Barrister-at-law of England and Wales The stages to become a barrister is divided into two with 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 student would have to apply for a place with the 10 accredited providers of the Bar Vocational Course(hereinafter referred to as the BVC)(formerly the Bar Exams) and this is done during the final year of the law degree. The student is recommended to join one of the four Inns of Court once the student has made up his or her mind in becoming a barrister anytime during his or her law degree.
However, once the student is accepted into the BVC, the student will have to submit the application to be a student member of one of the Inns before 31st May of the year the BVC is commenced. Once the student completes successfully the BVC, the student will be entitled to be called to the English Bar (without any right of audience) as long as the student completes 12 Qualifying Sessions(Formerly known as Dining) with their respective Inn.
In order for a student to gain right of audience in England, the student must complete a minimum of 12 months pupillage contract as well as specified Continuing Professional Training.
Alternatively, should the barrister(considering that the student would have been called to the English Bar) decide to practice in Malaysia, the route would
be as follows :-
chambering 3 months -> short call to the bar (limited right of audience to appear before the court in chambers) -> chambering further 6 months -> long call to the bar (full right of audience)
Pathway to become a Barrister-at-Law of DublinThe 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.
*Every qualified person must at least obtain a credit in BM prior to chambering else the qualified person will have to sit for the Bahasa Malaysia Qualifying Examination.
Legal Profession Qualifying Board Malaysia,
27th Floor,
Menara Tun Razak
Jalan Raja Laut,
50350 Kuala Lumpur
Tel: (603) - 2691 0054
Fax: (603) - 2691 1042
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)
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
Common legal qualificationsLL.B = Legum Baccalaureus = Bachelor of Laws
Legum = plural of Lex
Lex = singular for law
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
2.Since members 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. I know 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 narrowed considerably.
Besides, the recognition of a Solicitor is due to the discretion given to the Legal Profession Qualifying Board as opposed to recognition by statute. 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.
3.Difference between US law with the rest"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.
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.
4.What if my degree is not recognised by the Malaysian government. What can I do or option 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 or an English Solicitor(subject to 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.
5.Are there any requirements for a person to register as a clp student? Is it true anyone as long as he has got a law degree, can take the clp exam? Let's say I graduate with a LL.B from a aussie uni which is not among the 14 listed in the website, can i still do clp when im back?Yes there are requirements for a person to sit for the clp examination.
The law degree must be a recognised one and you must have done your SPM/equivalent(which is recognised) and obtained at least 3 credits in one sitting and also done your STPM/equivalent(which is recognised) and obtain at least 2 principals in one sitting and you must use the result you obtained to gain a place in the Uni for the law degree. As for mature student, you must have at least 5 years proven relevant working experience and you must enter your degree using that experience and the Board must also be satisfied that you are suitable for CLP. Therefore, the STPM/A levels route is still safer even for mature student.
Do note on the credit in BM(SPM) requirement. 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. It is much tougher than SPM.
6.Career prospect of being a law graduatesPractically 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.aspxInstitute of Chartered Secretaries and Administrators (ICSA)
This post has been edited by stevanistelrooy: May 14 2008, 09:19 PM