14 The Legal Profession (Advocate and Solicitor)

Question 1

Legal profession in Malaysia

Answer 1

• The legal profession in Malaysia is fused, meaning lawyers perform both roles of barristers and solicitors, unlike in England, where they are separate.
• Barristers represent clients in court, while solicitors handle out of courtroom tasks like legal advice and document preparation.
• Malaysian lawyers can perform both roles, which is why they are called Advocates and Solicitors.
• As of 2023, there are 21,570 practising lawyers in Malaysia (Source: Malaysian Bar’s website).

Question 2

The Legal Profession Act 1976

Answer 2

• Governs the legal profession in Malaysia, primarily regulating admission as an Advocate and Solicitor.
• It applies across Malaysia, except in Sabah and Sarawak.
• In Sabah and Sarawak, the applicable laws are; Advocates Ordinance [Sabah Cap 2] & Advocates Ordinance [Chapter 110 (1958 Edition)].

Question 3

The Malaysian Bar (5 objectives)

Answer 3

• Established under Section 42 of the LPA 1976

Amongst its objectives:
- to uphold justice without regard to its own interests or that of its members, uninfluenced by fear or favour;
- to maintain and improve the standards of conduct and learning of the legal profession;
- to facilitate legal education for members of the legal profession and others;
- to provide opinion on matters affecting legislation and legal administration when requested;
- to represent, protect and assist members of the legal profession and promote the interests of the legal
profession

Question 4

Bar Council

Answer 4

The Malaysian Bar is managed by the Bar Council, which is composed of:
- Elected members and state representatives.
- Key positions include the President, Vice-President, Secretary, Treasurer, Immediate Past President, Chairmen of State Bar Committees, and State Bar Representatives.
- The Bar Council for the 2023/24 term consists of 42 members.

Question 5

Admission as an Advocate and Solicitor

Answer 5

• Under s10 of the LPA 1976, only a qualified person can be admitted as an Advocate and Solicitor.

A “qualified person” is defined in s3 of the LPA 1976 as someone who:
- Has passed the final exam leading to a Bachelor of Laws (LL.B.) from UM, UM in Singapore, The University of Singapore, or NUS.
- Is a barrister-at-law of England.
- Holds any other qualification that the Board may declare as sufficient for admission as a qualified person through a Gazette notification.

Question 6

Legal Profession Qualifying Board

Answer 6

The body responsible for determining the qualifications that allow a person to be considered a “qualified person” under Section 3 of the Legal Profession Act (LPA) 1976.

Question 7

Certificate in Legal Practice

Answer 7

• Graduates with recognized law degrees from the UK, Australia, New Zealand, and certain local law programs must pass the CLP examination to be considered a qualified person.
• The CLP examination is administered by the Legal Profession Qualifying Board (LPQB).

Question 8

Additional Requirements: Section 11 of LPA 1976

Answer 8

• 18 years and above.
• Have a good character (no criminal records, not a bankrupt etc).
• Citizen or Permanent Resident of Malaysia.
• Served the pupillage period.
• Pass or exempted from Bahasa Malaysia Qualifying Examination

Question 9

Pupillage

Answer 9

• Also known as the Chambering period
• A practical training phase for a qualified person to gain hands-on experience under the supervision of a Master
• Prepares them for the duties of an Advocate and Solicitor before they begin practice.
• The typical pupillage period lasts for 9 months.
• The Master must be an advocate and solicitor with at least seven years of active practice in Malaysia before the start of the pupillage.

Question 10

Roll of advocates and solicitors

Answer 10

• After meeting the requirements, a qualified person must file a petition to HC to be admitted as an Advocate and Solicitor.
• If the petition is approved during the hearing, the High Court Judge will issue an Order of Admission (Section 27 of the LPA 1976).
• The petitioner’s name will be added to the Roll of Advocates and Solicitors, along with the date of admission by the registrar.
• The Order of Admission is a key document for applying for the Practising Certificate for the first time.

Question 11

Practising Certificate

Answer 11

• Admission as an Advocate and Solicitor of HC of Malaya does not automatically allow a person to practise law.
• To practise, every Advocate and Solicitor must obtain a valid Practising Certificate (PC), which must be renewed annually.
• The PC is issued by the Registrar of the High Court of Malaya.
• It is illegal and an offence to practise law without a valid PC.