Chapter 1 - Components of Legal Profession

Question 1

COMPONENTS OF LEGAL PROFESSION

Overview

Answer 1

1) LPQB
2) Qualified person
3) Malaysian Bar
4) Bar Council
5) States Bar
6) Disciplinary Board

Question 2

COMPONENTS OF LEGAL PROFESSION

LPQB

Answer 2

1) Role of LPQB:

• S.5
• Loganathan a/l Suppiah v LPQB: affirms the role of LPQB under S.5.

2) Delegative power:
- Indrani a/l Ramasamy v LKPUU: LPQB has the power to delegate its investigative power to panel investigator.

Question 3

COMPONENTS OF LEGAL PROFESSION

Qualified person - overview

Answer 3

1) General qualifications for admission

2) Qualification for pupillage

Question 4

QUALIFIED PERSON

General qualifications for admission - the law

Answer 4

1) Meaning of qualified person:

S.3

2) Conditions for admissions for qualified persons:
- S.11 + S.16

Question 5

QUALIFIED PERSON

General qualifications for admission - meaning of good character

Answer 5

Majlis Peguam Malaysia v Judy Blacious Pereira:

• persons who have subscribed to the rule of law & ethics in their conduct;
• OTF, petitioner refused to obey on specific terms of orders made by HC & CA - recalcitrant petitioner - petition dismissed.

Question 6

QUALIFIED PERSON

General qualifications for admission - notice of objection

Answer 6

Majlis peguam Malaysia v Judy Blacious Pereira:

• Notice must be served within 3 days;
• but non-compliance is not fatal if the petitioner is not prejudiced in any way.
• in any event, public interest must prevails.

Question 7

QUALIFIED PERSON

Qualifications for pupillage - the law

Answer 7

S.11(1)(d)

Question 8

QUALIFIED PERSON

Qualifications for pupillage - meaning of practice

Answer 8

Akberdin Hj Abdul Kader v Majlis Peguam Malaysia:

• must mean private practice as A&S.
• service in judicial service is excluded.
• effect of misrep: removal from the Roll, not reversal order for admission.

Question 9

QUALIFIED PERSON

Qualifications for pupillage - rights of a pupil

Answer 9

1) To appear on behalf of master - S.36
2) On behalf of Master ONLY - OCBC Bank v CTK Enterprise:
- strictly prohibited to appear on behalf of anyone else.
3) In Chambers ONLY - A Panjaram, Re Lim Soo Lee:

• appearance limited to before a Judge in chambers only;
• court has no power to vary the order beyond S.36.

Question 10

QUALIFIED PERSON

Qualifications for pupillage - obligations of a pupil

Answer 10

1) Subjected to control by DB - S.94(5):
- by virtue of S.94(5), a pupil like an A&S is subjected to the control of DB.
2) Cannot hold any other position without BC’s permission - S.12(3):
- By virtue of S.12(3), a pupil must get leave before holding any office of any kind.
3) Cannot involve in trade - r.44 LPPER:

• shall not carry any trade which the BC declares unsuitable from time-to-time;
• shall not be a full-time salaried person of firm other than he is in.

4) Engage in business - r.12.01 BCR:
- Engagement in business is only allowed if it does not contradict with the dignity of the profession.
5) To uphold the dignity of profession - r.31 LPPER:
- like an A&S, a pupil is under an obligation to uphold the dignity of the profession.

Question 11

MALAYSIAN BAR

malaysian bar 101

Answer 11

Establishment - S.41

Objects & powers - S.42

Membership - S.43

Rights of member - S.44

Question 12

BAR COUNCIL

bar council 101

Answer 12

Purpose - S.42 + Diljit Kaur Puran Singh v Majlis Peguam:

• for proper management of the affairs of the MY BAR & proper performance of its f(x) under the Act.

Establishment & membership - S.47

General power - S.56

Specific powers - S.57 & 78

Question 13

STATES BAR

states bar 101

Answer 13

1) Establishment - S.69
2) Membership - S.68(2)
3) Powers - S.73

Question 14

DISCIPLINARY BOARD

DB 101

Answer 14

Establishment - S.93

Powers - S.94