TOPIC
3
PUPILAGE
ADMISSION TO THE MALAYSIAN BAR
PUPILAGE
LAWS
The Legal Profession Act, 1976 and
the rules made thereunder; BORANG 3, BORANG 4 and
BORANG 1 and BORANG 2 are BORANG 5 are for the Admission
The Guide to Pupillage (issued by intended to be filed first
to the Bar-SHORT CALL
the Bar Council);
The Rulings of the Bar Council.
BORANG 6, BORANG 7 and
PRACTISING CERTIFICATE AND BORANG 8 are intended to be filed
FEES TO BE PAID AFTER ADMISSION TO THE BAR DAY for the Admission to the Bar-LONG
ADMISSION TO THE BAR CALL, i.e. aUer the compleVon of
pupillage
BORANG 1 &2
• annex to it a copy of their birth cerVficate,
idenVty card and degree cerVficates. These
documents must be cerVfied true copies of the
originals by a SENIOR ASSISTANT REGISTRAR or
an ADVOCATE AND SOLICITOR who is NOT your
Master. The date of the PeVVon must be the
same as or precede the date of affirmaVon of the
Affidavit to the PeVVon. Full parVculars of
qualificaVon enVtling the pupil to admission must
be set out in paragraph 4 of BORANG 1. Pupils
must sign both the PeVVon and the Affidavit to
the PeVVon.
Borang 1 &2
• Pupils are required to prepare five (5) sets of
each and every form and document filed in
relaVon to their PeVVon for Admission. The five
(5) sets are for the use of the Court and of the
relevant parVes as follows:
• • Court
• • Adorney General
• • Bar Council
• • State Bar Commidee
• • Pupil's Service copy
ERRORS AND OMISSIONS
• Errors and/or omissions in the PeVVon/
Borang-Borang can only be corrected by an
applicaVon to the Court by way of Summons
in Chambers.
BORANG 3,4&5
• Short call applicaVon
• LPA SECTION 36(2) A Judge may, upon applicaVon made in
Chambers by a Master at the commencement of the pupillage of
the Master’s pupil, make an order that the pupil be permided to
appear on behalf of the Master or of the firm in which the Master is
pracVsing—
• (a) during the period of three months from the date of the order—
• (i) before a Judge or a Registrar of the High Court, in Chambers;
• (ii) before a Sessions Court Judge or a Magistrate, in Chambers;
• (iii) before a Registrar of the Subordinate Courts, to menVon a case,
including entering judgment in default, or toapply for bail or to take
a consent judgment or order; and
• (b) at the expiraVon of the said period of three months in
• chambers in the High Court and in the Subordinate Courts
• and before any Magistrate, to conduct any cause or mader.
BORANG 6,7 & 8
• Long Call ApplicaVon a.k.a. Call to the Bar
NUMBER OF PUPILS A MASTER CAN
TAKE
• a Master may not take more than two (2)
Chambering pupils serving their pupillage
under him/her at any one Vme.
• ExcepVon : approval of the Bar Council
QUALIFICATION OF PUPIL MASTER
• A pupil Master must be in acVve pracVce in
Malaysia for a total period of not less than
seven (7) years as at the date of the filing of
his/her pupil's PeVVon and must possess a
valid PracVsing CerVficate throughout the
period of pupillage of his/her pupil.
MASTER AND PUPIL TO BE IN THE
SAME FIRM
• In case of a firm with branch offices, the pupil
must ensure that he or she is undergoing
pupillage in the same office where the Master
is pracVsing at all Vmes. Pupillage purportedly
done under a Master of a firm who pracVses
in another office of his firm will be invalid
BREAK IN PERIOD OF PUPILLAGE
• Pupillage should be conVnuous without any
break. Should any break occur, pupils are
required to seek the leave of the Bar Council
• where the Master goes on leave (maternity,
vacaVon, Haj, Marriage etc), the pupil would
have to find another Master. Otherwise any
period served under a Master on such leave
will not count.
EXEMPTION FROM SERVING THE FULL
PERIOD OF PUPILLAGE
• Pupils who have been granted exempVon by
the Bar Council to serve any part of their
pupillage are advised to noVfy the Bar
Commidee, the Adorney General's Chambers
and the Court of such exempVon.
• SECTION 13 LPA
• 3. The Bar Council may, in its sole discreVon, exempt a qualified person from any
period up to six months’ pupillage upon applicaVon made to it supported by
saVsfactory evidence that:
• a. there are special circumstances jusVfying a shortening of the period of
pupillage; or
• b. the applicant has for a period of not less than six months been a pupil or read in
the chambers of a legal pracVVoner in acVve private pracVce, in the
Commonwealth, of more than seven years’ standing; or
• c. the applicant is an arVcled clerk in Malaysia; or
• d. the applicant has been engaged in acVve pracVce as a legal pracVVoner by
whatever name called in any part of the Commonwealth for a period of not less
than six months.
• 4. A qualified person who has served in the Judicial and Legal Service at least one
year shall be exempted from serving any period of pupillage provided his
applicaVon for admission as an Advocate and Solicitor is supported by a cerVficate
from the Adorney General to the effect that he is a fit and proper person to be
admided as an Advocate and Solicitor.
• 5. The Bar Council may, in its sole discreVon, upon an applicaVon made to it
supported by saVsfactory evidence in wriVng given by the Adorney General,
exempt a qualified person who has served in the Judicial and Legal Service for at
least three years from any period up to a maximum of six months’ pupillage.
GAINFUL EMPLOYMENT
• Pupils who hold any office or engage in any
employment of any kind, whether full-Vme or
otherwise, must obtain the special leave of
the Bar Council in wriVng.
APPLICATION UNDER SECTION 36(2)
LPA COMMONLY KNOWN AS "SHORT
CALL APPLICATION"
• ApplicaVons are made by Masters and should only be made aUer
Borang 1 & 2-Admission are filed.
• Pupils cannot appear in Court in respect of any mader unVl the
"Short Call" Order has been granted by the Court.
• Among the misconduct reported, pupils are abusing the privilege of
audience conferred by S36(2) of the Legal Profession Act 1976 by:
• • menVoning for an Advocate and Solicitor other than the
Master or a member of the Master's firm;
• • taking Judgments in open Court in the Sessions Courts;
• • represenVng or holding out as duly admided Advocates and
Solicitors.
• Pupils should act within secVon 36(2) of LPA. Any breach of secVon
36(2) or of such orders-liable to disciplinary proceedings
CHANGE OF MASTERS AND
VARIATION OF "SHORT CALL" ORDER
• Pupils may with the consent of the Bar Council
serve different periods of their pupillage
under different Masters. Any such change of
Masters must be noVfied to the Bar
Commidee, the Adorney General's Chambers
and the Court
BAHASA MALAYSIA QUALIFYING
EXAMINATION
• The Qualifying Board will grant exempVon to
pupils who have obtained a credit in the SPM
or its equivalent.
• Those who do not qualify for exempVon are
advised to apply to the Board to sit for the
ExaminaVon
COMPULSORY ETHICS LECTURE
PROGRAMME
• Pupil master is required to cerVfy in his/her
CerVficate of Diligence (Sijil Kerajinan) that
his/her pupil has saVsfactorily completed the
Compulsory Ethics Lecture Programme. The
CerVficate issued by the Bar Council is to be
annexed to the Master's CerVficate of
Diligence when filing the Admission to the Bar
papers
PUPILLAGE AFTER EXPIRY OF PERIOD
OF PUPILLAGE
• A pupil may conVnue to adend his/her
Master's office aUer the expiry of his/her
official period of pupillage i.e. nine (9) months
but he/she ceases to be a pupil at the end of
the said period and, therefore, would not
have the privilege to appear in Court for his/
her Master or his/her Master's firm. Pupils
should refrain from adending Courts on behalf
of the Master's firm aUer the expiry of the
pupillage
CALCULATION OF PERIOD OF
PUPILLAGE AND PREPARATION OF
ADMISSION TO THE BAR PAPERS
• Pupillage commences on the date of filing of PeVVon
and the period of pupillage is calculated as follows:
• If PeVVon is filed on 1/4/2013 pupillage should end on
1/1/14 and NOT 31/12/2013.
• The Affidavit for Admission to the Bar i.e. BORANG 6
should be affirmed and Admission to the Bar papers
must be filed at the earliest one day aUer the expiry of
the period of pupillage. The Master's CerVficate of
Diligence too should only be signed one day aUer the
compleVon of the period of pupillage.
STANDING OF REFEREES/PERSONS WHO GIVE
THE CERTIFICATE OF GOOD CHARACTER (SIJIL
KELAKUAN BAIK)
• Referees/persons who give the CerVficate of
G o o d C h a r a c t e r o f p u p i l s m u s t b e
professionally qualified or of a similar standing
and must know the pupils for more than 5
years.
DISCIPLINARY BOARD
• The Disciplinary Board was officially established in 1992 under SecVon 93
of the Legal Profession Act 1976. The first Disciplinary Board MeeVng was
held on 16.10.1993. As at 31.3.2011 the Disciplinary Board has met 191
Vmes. The present pracVce is for the Board to meet once a month. The
Disciplinary Board comprises:-
• The Chairman appointed by the Chief Judge (Malaya);
• The President of the Bar Council or any member of the Bar Council as his
representaVve; and
• 15 pracVVoner members of the Malaysian Bar of not less than 15 years'
standing appointed by the Chief Judge (Malaya).
• FuncCon
• The Disciplinary Board is an adjudicatory body to decide whether an
advocate and solicitor or pupil may have breached a parVcular provision
of the Act or the Rules made thereunder or any Rulings of the Bar Council
or has otherwise commided professional misconduct (see “types of
misconduct” in LPA SecVon 94(3)