QUOTE(david890701 @ Dec 29 2007, 06:36 PM)
The issue is " Is MMU Law Degree recognized by Bar council or exempted of CLP? "
FIRST PATH : STPM & Equivalent --> Local University ---> 4 years Law Degree ---> Chambering 9 months ---> call to the roll of Advocate and Solicitor ( hereinafter refered to as A&S
First of all I would like to say that your work is much appreciated so as to clear the doubts by prospective law students with regard to the recognition of MMU Law Programme. FIRST PATH : STPM & Equivalent --> Local University ---> 4 years Law Degree ---> Chambering 9 months ---> call to the roll of Advocate and Solicitor ( hereinafter refered to as A&S
However, I noticed some minor omissions or misdescription and I shall not highlight all except two.
There are only 3 ways for a person to be a qualified person with a view of being called to the Malaysian Bar and this is defined in S3 as of the Legal Profession Act 1976.
The first being a recognition of the University itself as expressly stated in the section, the second being a barrister at law of England and the third being any person with a qualification recognised by the board to be sufficient to make the holder a qualified person under the Act.
CLP and Solicitor of the The Law Society Solicitor of the Supreme Court of Judicature England would fall under the third category and Universities like UM and NUS would fall under the first.
MMU's Law Degree would probably fall under the third category as a qualification recognised to make the holder a qualified person as this is how most other local Unis are recognised.
The board recognizing it is the Legal Profession Qualifying Board established under the Act and their jurisdiction falls under the third category.
An Advocate and Solicitor of the High Court of Malaya or the High Court of Sabah & Sarawak (formerly known as Borneo) is not called to the roll.
An Advocate like a Barrister is called to the bar whereas a Solicitor is entered on the roll of Solicitors. However, due to the peculiarity of our Country's legal profession being a fused one and considering that an Advocate normally practices exclusive or higher right of audience, an Advocate and Solicitor in this country is called to the bar instead of being entered on the roll.
The roll as used by the LPA is a register of Advocates and Solicitors with right of audience. And you'll find that no lawyer in this country would consider themselves being entered on the roll as opposed to being called to the bar.
If you are interested in this development, please read more on the history and traditions of the Bench and the Bar.
Thank you.
This post has been edited by schizophrenic: Dec 30 2007, 02:02 AM
Dec 30 2007, 01:57 AM
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