ESWF0234 Chapter 5 The Legal Professions in Malaysia PDF

CHAPTER 5 T H E L E GA L P RO F E S S I O N S ESWF0234 - INTRODUCTION TO LAW 1. I N T RO D U C T I O N TO LEGAL P RO F E S S I O N  The legal profession in Malaysia is a cornerstone of the justice system, playing a vital role in ensuring the rule of law, justice, and fairness in society....

CHAPTER 5 T H E L E GA L P RO F E S S I O N S ESWF0234 - INTRODUCTION TO LAW 1. I N T RO D U C T I O N TO LEGAL P RO F E S S I O N  The legal profession in Malaysia is a cornerstone of the justice system, playing a vital role in ensuring the rule of law, justice, and fairness in society. Legal practitioners are entrusted with responsibilities ranging from representing clients in courts to offering legal advice, drafting documents, and advocating for legal reform. DEFINITION OF A LEGAL PRACTITIONER : A legal practitioner refers to an individual who has been admitted to the Bar and is qualified to practice law in Malaysia. This includes advocates and solicitors, who are regulated under the Legal Profession Act 1976. The legal profession is respected but requires rigorous education, training, and adherence to ethical standards. 2. STAGES IN BECOMING A CERTIFIED LEGAL PRACTITIONE  S TAG E 1 – AC A D E M I C Q UA L I F I C AT I O N Obtain a law degree from a recognized institution. LLB (Bachelor of Laws) from Malaysian universities like Universiti Malaya (UM), Universiti Kebangsaan Malaysia (UKM), International Islamic University of Malaysia (IIUM), Universiti Teknologi Mara (UiTM) or other recognized local and foreign universities (e.g., the UK, Australia). Foreign degree holders may need to pass the Certificate in Legal Practice (CLP).  S TAGE 2 – CERT I FI CAT E I N LEGAL PRACT I CE The CLP exam is a professional examination required for certain local or non-local LLB holders (oversea graduates) Subjects include General Paper, Professional Practice, Evidence, Criminal Procedure, Civil Procedure, and Ethics.  S TAGE 3 - PRACT I CAL T RAI NI NG ( PUPILLAGE / CHAM BERING) Complete a pupillage / chambering period under a qualified and experienced advocate and solicitor. Also known as chambering, this stage provides hands- on experience in legal practice. It is subject to the jurisdictions in West Malaysia (9- month), Sabah and Sarawak (12-month respectively).  S TAGE 4 - ADM I SSI ON TO T HE BAR After completing the pupillage / chambering, candidates need to apply for admission to the Bar by filing a petition with the High Court. Upon approval, the individual is called to the Bar and is officially recognized as an advocate and solicitor of the High Court of Malaya / Sabah and Sarawak.  S TAGE 4 - ADM I SSI ON TO T HE BAR There are several differences with the law graduates who wish to pursue their dreamed legal career in Sabah or Sarawak.  S TAGE 4 - ADM I SSI ON TO T HE BAR Law graduates in Malaysia must understand that the pathways to being called to the Bar differ based on jurisdiction. This variation arises due to the distinct legal regulatory bodies governing the legal profession in West Malaysia, Sabah, and Sarawak.  DIFFERENCES IN THE ADMISSION TO THE RESPECTIVE BAR/ASSOCIATION 1. Regulatory Bodies West Malaysia: Governed by the Malaysian Bar under the Legal Profession Act 1976 (LPA 1976). Sabah: Governed by the Sabah Law Society under the Advocates Ordinance 1953. Sarawak: Governed by the Sarawak Advocates Association under the Advocates Ordinance (Sarawak) 1953. Each jurisdiction has its distinct set of rules and requirements for admission to the Bar, reflecting differences in legal traditions and administrative frameworks.  DIFFERENCES IN THE ADMISSION TO THE RESPECTIVE BAR/ASSOCIATION 2. West Malaysia admission requirements: Recognized law degree: Graduates must have an LLB from a recognized local or foreign institution. Non-local LLB holders must pass the Certificate in Legal Practice (CLP). Nine-month pupillage (chambering) under a qualified advocate and solicitor in West Malaysia. Application to the High Court of Malaya for admission to the Bar, followed by a formal Call to the Bar. Upon admission, lawyers are registered as members of the Malaysian Bar, which represents all advocates and solicitors in West Malaysia. Governed by Part II of the Legal Profession Act 1976.  DIFFERENCES IN THE ADMISSION TO THE RESPECTIVE BAR/ASSOCIATION 2. Sabah admission requirements: Recognized law degree: Graduates must have an LLB from a recognized institution. The CLP is also required for foreign degree holders. Pupillage: Candidates must undergo a pupillage period of twelve months under a practicing advocate in Sabah. Application to the High Court of Sabah and Sarawak (Sabah Registry) for admission as an advocate. Upon admission, lawyers are registered with the Sabah Law Society. Unlike West Malaysia, Sabah advocates do not use the title "advocate and solicitor" but are referred to as "advocates.“ Governed by the Advocates Ordinance 1953.  DIFFERENCES IN THE ADMISSION TO THE RESPECTIVE BAR/ASSOCIATION 2. Sarawak admission requirements: Recognized law degree: Similar with Sabah, an LLB from a recognized institution is required, and CLP applies to foreign degree holders. Pupillage: A twelve-month pupillage period under a practicing advocate in Sarawak is mandatory. Application to the High Court of Sabah and Sarawak (Sarawak Registry) for admission as an advocate. Upon admission, lawyers are registered with the Sarawak Advocates Association. Like Sabah, lawyers in Sarawak are referred to as "advocates" and not "advocates and solicitors.“ Governed by the Advocates Ordinance (Sarawak) 1953. 3. C A R E E R PA T H WA Y S F O R L AW G R A D UA T E S  Law graduates in WHERE Malaysia can pursue WO U L D T H E Y GO? various career paths in both the public and private sectors.  PUBLIC SECTOR 1.Judiciary: Become a magistrate, sessions court judge, or proceed to higher judicial roles. 2.Attorney General’s Chambers: Serve as a deputy public prosecutor (DPP). 3.Legal Advisor: Work as a legal advisor to government agencies or departments. 4.Legal Officer: Serve in statutory bodies or ministries.  P R I VA T E S E C T O R 1. Private practice: Advocate and solicitor specializing in areas such as criminal law, corporate law, or family law. 2. Corporate Legal Counsel: In-house legal advisor for corporations, focusing on compliance, contracts, and regulatory matters. 3. Academia and Research: Join universities or research institutions as lecturers or legal researchers. 4. Consultancy: Work as legal consultants or advisors for non-legal firms or NGOs.