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University Useful information for prospective law students, A basic guide to become a lawyer

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toby.c13
post Oct 20 2009, 08:50 PM

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one question.
must we do our chambering/pupillage at a private firm?
can it be done at government departments, such as AGCs?
minshuen
post Oct 21 2009, 09:44 PM

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i would like to ask a question,by passing clp,can that person practise in singapore?
TSschizophrenic
post Oct 22 2009, 08:14 AM

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QUOTE(toby.c13 @ Oct 20 2009, 12:50 PM)
one question.
must we do our chambering/pupillage at a private firm?
can it be done at government departments, such as AGCs?
*
There is no such thing as chambering, chambering student, or pelatih dalam kamar. It is a widely misconceived fact even by legal practitioners. Please refer to s.12(1) of the Legal Profession Act 1976. There is only a term to describe it. It is pupillage or latihan. Those undergoing it are known as pupils or pelatih in accordance with the Act which is also the primary legislation.

See s.12 of the Legal Profession Act 1976
» Click to show Spoiler - click again to hide... «


I am sure that those with legal background would understand the implication of the word 'shall' in a statute and the implication of such a primary legislation as opposed to a subsidiary legislation or a statement issued by the Bar.

For purposes of uniformity and authority, I've decided to attach the BM version of the same section.

» Click to show Spoiler - click again to hide... «




Note: Also, Chambers in the context of a Legal Practitioner's(or Barrister's) Chambers is not a room or 'kamar'. It is the building itself where they work. Historically, they all work in a huge room but the term 'chambers' is referred to the place where they are ALL housed. It would be different if a normal chamber such as a Judge's Chambers because that is a Chamber for him alone. Therefore, the term kamar would be appropriate.


Pupillage cannot be completed in any government department. However, you may obtain exemption subject to a minimum prescribed period and approval from the AG.


Added on October 22, 2009, 8:17 am
QUOTE(minshuen @ Oct 21 2009, 01:44 PM)
i would like to ask a question,by passing clp,can that person practise in singapore?
*
If they recognise the Certificate then yea. However, at present, they do not recognise it. Alsree would be in a better position to provide you with further comments in this regard.

This post has been edited by schizophrenic: Oct 22 2009, 03:35 PM
edennature
post Oct 22 2009, 04:34 PM

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Legal Profession Act 1976 does not apply on east malaysia.
alsree786
post Oct 22 2009, 11:09 PM

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QUOTE(minshuen @ Oct 21 2009, 09:44 PM)
i would like to ask a question,by passing clp,can that person practise in singapore?
*
In addition to schizo's answer, i think the revamped ministry of law (singapore) website is easy enough to understand.... so here you go:

http://app2.mlaw.gov.sg/UsefulInfo/Practic...62/Default.aspx

the info you need shud all be there. If you still have doubts after that, don't hesitate to ask.
nickyee
post Oct 23 2009, 01:42 AM

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i am taking a-level now and i am taking pure science subject (bio, che,math)
is that a promblem for me if i want to take law in U???
i am planning to go UK but now i am so panic bec i IL cant get band 7
is that got other way that can help me if i am going to UK
study law is that got a lot of memorise thing bec i dont like that but i love history
is that got any suggestion for the U icon_question.gif icon_question.gif

hope that u can reply me as fast as possible

thank nod.gif
TSschizophrenic
post Oct 23 2009, 07:55 AM

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QUOTE(edennature @ Oct 22 2009, 08:34 AM)
Legal Profession Act 1976 does not apply on east malaysia.
*
Please read 1.0 at page 1 of this thread.

It states "...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, unless otherwise stated, it will be based on the High Court of Malaya and not the High Court of Sabah and Sarawak (Formerly Borneo).


Lest there will be furher disagreements on its contents, I am providing you with Sabah and Sarawak's version.

» Click to show Spoiler - click again to hide... «



This post has been edited by schizophrenic: Oct 23 2009, 09:15 AM
edennature
post Oct 23 2009, 01:58 PM

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what about this?

There are two separate regions in Malaysia for the purpose of admission to legal practice, East Malaysia (States of Sarawak & Sabah) and West Malaysia (Peninsula). Whilst it is possible to gain admission to practise law in East Malaysia on the basis of admission in West Malaysia, the reverse does not apply.

East Malaysia (States of Sarawak & Sabah)
In East Malaysia the general requirement for admission to practise law is for applicants to have already been admitted to practise law in another country of the Commonwealth. Advice should be sought directly from either the Advocates Association of Sarawak or the Advocates Association of Sabah as citizenship and residency requirements may also apply.
Advocates Association of Sarawak
Bar Room, High Court
Jalan Tun Haji Openg, Kuching
Sarawak
Malaysia
Tel: (082) 422284

West Malaysia (Peninsula)
The provisions governing admission and qualifications for admission to the Malaysian Bar in West Malaysia are governed by the Legal Profession Act 1976. The Legal Profession Qualifying Board, Malaysia determines the qualifications which may entitle a person to become a "qualified person" within the meaning of section 3 of the Act for purposes of admission as an advocate and solicitor in Malaysia. The LLB offered by The University of Melbourne is recognised by the Legal Professsion Qualifying Board, Malaysia, thus enabling MLS graduates to sit the examination for the Malaysian Certificate of Legal Practice (CLP). Upon successful completion of the CLP examination, candidates are eligible to apply for admission to practise law in West Malaysia.
Apart from passing the final examination leading to a recognised LLB degree, Australian and New Zealand graduates must also satisfy additional requirements as prescribed in The Guidelines on Qualifications and Requirements for Recognition of holders of Australian and New Zealand Law Degrees to become ‘Qualified Person' under the Legal Profession Act 1976. The main requirements being:
• Admission to the LLB must be via the VCE or a qualification from another Australian State or Territory which is equivalent to the VCE. Foundation programs are not accepted for this purpose eg Trinity Foundation Program.
• Duration must be a minimum of 3 academic years and be completed within 6 years of initial registration.
• Minimum of 12 substantive law subjects including 6 core subjects that must be studied over 12 months: Law of Contract; Law of Torts; Constitutional Law; Criminal Law; Land Law; and Equity and Trusts.
Australian lawyers who are admitted to practise as a barrister in England may also be eligible to apply for admission to the Bar in West Malaysia.
Further information is available at the Malaysian Bar website.

Malaysian Bar Council
No. 13, 15 & 17, Leboh Pasar Besar
50050 Kuala Lumpur
Malaysia
Tel: +603-20313003
Fax: +603-20261313
Email: council@malaysianbar.org.my
http://www.malaysianbar.org.my/


i once been told that law graduates from australia and nz can straight away apply for pupilage.Barrister and solicitor from scotland and northern ireland are even recognized in east malaysia.
4. Qualifications for admission of advocate.


(a) he is a member of the Bar of England, Scotland, Northern Ireland or the Republic of Ireland;

(b) he is a solicitor or attorney of a Superior Court in a British Possession to which the Colonial Solicitors Act 1900, has been applied by Order in Council and who by virtue of the said Act and of any Order in Council thereunder may be admitted as a Solicitor of the Supreme Court in England, Scotland, Northern Ireland or the Republic of Ireland without examination and without service of articles of clerkship;



© he is a solicitor of the Supreme Court in England, Northern Ireland or the Republic of Ireland or he is a Writer to the Signet, Solicitor to the Supreme Court or a Solicitor in Scotland;




(d) he has been admitted to practise as a legal practitioner (by whatever name called) by a Supreme Court or High Court exercising jurisdiction in any place within any territory within the Commonwealth

quoted from www.sabahlaw.com

This post has been edited by edennature: Oct 23 2009, 02:39 PM
minshuen
post Oct 23 2009, 02:47 PM

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QUOTE(alsree786 @ Oct 22 2009, 11:09 PM)
In addition to schizo's answer, i think the revamped ministry of law (singapore) website is easy enough to understand.... so here you go:

http://app2.mlaw.gov.sg/UsefulInfo/Practic...62/Default.aspx

the info you need shud all be there. If you still have doubts after that, don't hesitate to ask.
*
thank you so much for the information! thumbup.gif
TSschizophrenic
post Oct 23 2009, 03:12 PM

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QUOTE(edennature @ Oct 23 2009, 05:58 AM)
what about this?

» Click to show Spoiler - click again to hide... «


Without any disrespect to your opinion and statement, I verily believe that you are not referring to the same point.
Please read the post with due care.
edennature
post Oct 23 2009, 05:25 PM

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i am from sarawak and when i had been told that pursue law degree in australia + 6 months practical legal training there,i do not need to take CLP if i wish i practice in sarawak.Am i right?i am quite confused with all the statement above..


Added on October 23, 2009, 8:33 pmcan overseas students with non-uk LLB degree can apply for a place in BPTC?

This post has been edited by edennature: Oct 23 2009, 08:33 PM
solstice818
post Oct 23 2009, 11:27 PM

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QUOTE(nickyee @ Oct 23 2009, 01:42 AM)
i am taking a-level now and i am taking pure science subject (bio, che,math)
is that a promblem for me if i want to take law in U???
i am planning to go UK but now i am so panic bec i IL cant get band 7
is that got other way that can help me if i am going to UK
study law is that got a lot of memorise thing bec i dont like that but i love history
is that got any suggestion for the U icon_question.gif  icon_question.gif

hope that u can reply me as fast as possible

thank nod.gif
*
I'm not too sure about the entry requirement but if I'm not mistaken, any 2 credits from any subjects from A level allows you to take on UoL LLB.

Anyway, back to the memorizing and history part.Many times, I come across people relating History and law together.I don't know why but that perception, in my opinion, is really wrong.I have seen people who did well in history for SPM and screw himself up in Law.Maybe, they are related in some areas but to link it heavily with law is just not too right.

As for the memorizing part, I think it's a must, no? I mean you have to remember the cases to back you up or else, how you gonna write the essay?
solstice818
post Oct 23 2009, 11:29 PM

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QUOTE(edennature @ Oct 23 2009, 05:25 PM)
i am from sarawak and when i had been told that pursue law degree in australia + 6 months practical legal training there,i do not need to take CLP if i wish i practice in sarawak.Am i right?i am quite confused with all the statement above..


*
Yeap.Sabahan and Sarawakian do not have to take CLP for some reason.I forget what though.
edennature
post Oct 24 2009, 09:02 AM

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i got confirmation from lawyer in sarawak.In east malaysia,the legal profession is much more flexible than west malaysia.Barrister from scotland and northern ireland,canada and other commonwealth countries are recognized and exempted from taking clp.

This post has been edited by edennature: Oct 24 2009, 09:12 AM
solstice818
post Oct 24 2009, 02:50 PM

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QUOTE(edennature @ Oct 24 2009, 09:02 AM)
i got confirmation from lawyer in sarawak.In east malaysia,the legal profession is much more flexible than west malaysia.Barrister from scotland and northern ireland,canada and other commonwealth countries are recognized and exempted from taking clp.
*
Are you sure? If I'm not mistaken, you still have to take CLP.

Anyone can clarify this?
edennature
post Oct 24 2009, 10:25 PM

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no need.pls read the statement above.You can straight away apply for pupilage.Those requirements above are just equal to CLP,a lawyer told me so.CLP is for those who cannot afford another year to gain qualification to practice in that country for instance Bar professional training course or in australia we call Practical Legal Training Course which takes 6 months.To get exempted from taking CLP in sarawak,you need to-Refer to Below Statement




4. Qualifications for admission of advocate in Sarawak and Sabah


(a) he is a member of the Bar of England, Scotland, Northern Ireland or the Republic of Ireland;

(b) he is a solicitor or attorney of a Superior Court in a British Possession to which the Colonial Solicitors Act 1900, has been applied by Order in Council and who by virtue of the said Act and of any Order in Council thereunder may be admitted as a Solicitor of the Supreme Court in England, Scotland, Northern Ireland or the Republic of Ireland without examination and without service of articles of clerkship;



© he is a solicitor of the Supreme Court in England, Northern Ireland or the Republic of Ireland or he is a Writer to the Signet, Solicitor to the Supreme Court or a Solicitor in Scotland;




(d) he has been admitted to practise as a legal practitioner (by whatever name called) by a Supreme Court or High Court exercising jurisdiction in any place within any territory within the Commonwealth

This post has been edited by edennature: Oct 24 2009, 10:35 PM
me_1980s
post Oct 26 2009, 01:47 AM

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QUOTE(solstice818 @ Oct 23 2009, 11:27 PM)
I'm not too sure about the entry requirement but if I'm not mistaken, any 2 credits from any subjects from A level allows you to take on UoL LLB.

Anyway, back to the memorizing and history part.Many times, I come across people relating History and law together.I don't know why but that perception, in my opinion, is really wrong.I have seen people who did well in history for SPM and screw himself up in Law.Maybe, they are related in some areas but to link it heavily with law is just not too right.

As for the memorizing part, I think it's a must, no? I mean you have to remember the cases to back you up or else, how you gonna write the essay?
*
Yes, min requirements for LLB London is 2 credits.
Memorizing will be an advantage during CLP and of not much help during LLB. LLB is a programme where you will become more articulate and rational (in the event you pass). Is law tough? Hell Yes if you are lazy; Hell No if you are hardworking and use the brain wisely. Law is not a product of verbatim, it's semantics, principles, rules, argumentative attitude and the list goes on. Law encompasses many many things which you and I cant list.

Essay can be written if you understand what the law stands today and the most important attitude you must have/ build right now is HAVE A STAND!! If you think it's right, convince others about your point.

This post has been edited by me_1980s: Oct 26 2009, 01:49 AM
jianee89
post Oct 27 2009, 08:10 PM

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How to get a first class in law degree , anyway it is not UOL london thats superb hard. at least my uni is uwe , please tell me how to get first class. I guess this should apply to how to get 2nd class upper in UOL external paper.

Please any tips?
z21j
post Oct 30 2009, 04:24 AM

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xxx was a chartered accountant registered in malaysian institution of accountancy. Later, he found that most of the accounting document (ie contract) need lawyer authorization. He went and study law. A luck for him, he pass inter, part 1, part 2 and clp without repeat in approximately 4 years. So, he is a lawyer and at the same time an accountant as well... Izit a good advantage for him? In term of money perspective? In term of job specialization? In term of starting a law and accountancy firm?
alsree786
post Oct 30 2009, 10:52 AM

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QUOTE(z21j @ Oct 30 2009, 04:24 AM)
xxx was a chartered accountant registered in malaysian institution of accountancy. Later, he found that most of the accounting document (ie contract) need lawyer authorization. He went and study law. A luck for him, he pass inter, part 1, part 2 and clp without repeat in approximately 4 years. So, he is a lawyer and at the same time an accountant as well... Izit a good advantage for him? In term of money perspective? In term of job specialization? In term of starting a law and accountancy firm?
*
well firstly, mr xxx would need to complete pupillage before he becomes a "lawyer". Imho, little justification to take CLP without going thru the next step and getting admitted. During pupillage, he'll probably have to take a massive pay cut for the duration of pupillage since this must be completed full time whilst having no other employment (unless with the Bar's consent) tho this can be easily circumvented.

It would be a good advantage, tho I dun really get your question of "in term of money perspective"? Well if you mean would he make alot of money, that boils down to how good he is, how good his business skills are and how good his networks are. To start off your own firm, you will need the three criteria mentioned above to succeed (dosh aside).

But generally I would say having an Accounting and Law combination works out well if you know what your focus is on. Your work must require knowledge and skill that you will have obtained from doing the said courses. No point doing accounting and law and then specializing in say financial accounting or Criminal Law/Land Law/Constitutional Law. Will help if you're in Audit and Compliance or Company law/Taxation Law etc. But juggling two separate professions may be hard if one intends to become a practicing accountant and lawyer per se. As i said engage in work that harnesses skills and knowledge that can be acquired from both courses.

If passing LLB and CLP in 4 yrs is deemed lucky, well....then good luck to all current students incl myself. biggrin.gif



*Will add on to this when time permits


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