9/3/2015 Article:[1983] 1 CLJ 7

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PREPARATION OF LAW STUDENTS FOR LAW PRACTICEby

Datuk Harun M. HashimMalaysia

In Malaysia, before a person can practise at the Bar he must first be admitted as an advocate and solicitor of the High Court. To gain admission a personshall:

(a) Possess a law degree from a recognised university in Malaysia or overseas;

(b) Have attained the age of 18 years;

(c) Is of good character;

(d) Is either a citizen or a permanent resident of Malaysia; and

(e) Completed a period of pupillage.

At the moment, the recognised qualifications are law degrees conferred by:

(a) The University of Malaya;

(b) The University of Singapore;

(c) Some universities in Australia;

(d) Some universities in New Zealand; and

(e) Barristers‐at‐law of England.

Generally these qualifications combine an academic course in law as well as professional practice.

Pupillage

The Legal Profession Act, 1976 governs the legal profession in Malaysia. It provides that before a person can be admitted to the Bar he should firstcomplete a period of pupillage of 12 months with a master (a legal practitioner of not less than seven years standing). The object of pupillage is tofamiliarise the young lawyer with the practice and procedure of Courts in Malaysia and other aspects of legal work. He can only commence pupillageafter he has first acquired his law degree. The pupillage is served in a legal firm. In the old days, pupils had to pay a fee to the master. Later, no fees werepayable but recently, due to a shortage of lawyers, some masters pay an allowance to pupils.

The degree of knowledge and skill imparted to pupils by masters during the period of pupillage varies from master to master. Some take their jobs veryseriously and make the pupil devil cases for them, i.e., doing research and preparing briefs for their master. In some firms the senior lawyers themselvesare so busy they have no time for their pupils. The law requires pupillage to be full‐time with regular attendance at the legal firm and forbids pupils fromholding any job, whether full‐time or part‐time during the period. After three months, the pupil (with the permission of the Court) may appear on behalfof the master before:

(a) a Judge or the Registrar in Chambers;

(b) a Sessions Court President or the Registrar of a Sessions Court in Chambers;

(c) a Sessions Court President or a Magistrate, to mention a case or to apply for bail or to take a consent judgment or order.

The period of pupillage may be reduced to nine months if the pupil attends a special practical course or to six months if the pupil has served the(Government) Judicial and Legal Service for three years or absolutely if he has served the Government for seven years.

The question is, whether this is sufficient preparation of a law student for law practice. Is he in a position to give legal advice to clients on corporatematters, commercial contracts, probate, divorce or even defend a person in the Criminal Court. It is submitted that the pupillage system has outlived itsusefulness and is grossly inadequate to meet today's needs. A legal firm is after all a business. Office space costs money and many firms just do not havespace to accommodate the growing number of pupils. The Malaysian system has been in existence for a long period of time. It was a good system in theold days because the few young lawyers who entered the profession each year on completion of pupillage generally remained with the firm in whichthey served their pupillage as the firm's legal assistants or they would join another established firm. Today, however, the reality is that the newlyadmitted lawyer promptly sets up his own practice, quite often in some remote town and he is completely on his own. He is of course legally entitled todo so but is he fully equipped to maintain the high standards required of the legal profession at this initial stage?

It is generally recognised that in any profession there is no substitute for experience which can only be acquired by actually performing the job. Clientsgenerally go to a lawyer who is already known or to put it in another way, lawyers with a recognised track record. The best cases go to such lawyers. Theyoung unknown lawyer, will at best, get the crumbs. Above all, the young lawyer on his own, will not get the benefit of a second opinion from his

9/3/2015 Article:[1983] 1 CLJ 7

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colleague; the best clerical assistance; will not know how to manage his office and certainly will not have the capital to own a proper law library,essential tools for a lawyer.

Doctors, engineers and architects in Malaysia are required to work under supervision for two to three years after first qualification, before they areallowed to practise on their own. It is submitted that lawyers too should initially be required to work under supervision for at least three years beforethey are allowed to practise on their own.

Recommendations

(a) As lawyers in Malaysia may acquire their law degrees from overseas, all persons intending to practise at the Bar in Malaysia should berequired to pass a written examination in practice and procedure before admission to the Bar. This examination, to be known as theMalaysian Bar Examination should be held regularly during the second week of January and July each year. Only persons who possess arecognised law degree and are otherwise permitted by the Bar Council may sit for this examination.

(b) On passing the Malaysian Bar Examination, admission to the Bar is automatic. Pupillage as it is now known is abolished and the younglawyer may appear in any Court

BUT

(i) He can only do so if he is a Legal Assistant of a firm with a senior partner of not less than seven years standing; and

(ii) He may not set up practice either on his own or become a partner of a firm earlier than three years after being called to the Bar.

Conclusion

It is my firm belief that the legal profession, whether in Malaysia or elsewhere in the ASEAN countries, will attain higher standards of professionalismand ethics if young lawyers are required to commence their professional careers in the first three years as a legal assistant under the supervision ofexperienced and respected elders of the profession. During this period they will be exposed to the real work of a law practice, preparing briefs,appearing in Court and arguing their cases. During this period, however, the Courts (Judges) and members of the public (Clients) will always be assuredthat the young lawyer performs under the supervision of his superiors and that he has had the benefit of Counsel by his elders. The reputation of thelegal firm he works for is always at stake and that alone is sufficient inducement to ensure that the young lawyer will do his best for his client and hisfirm. On the job training with supervision is the best preparation of all for law practice. It is also fair. The young man is entitled to his fee and the clientgets value for his money.