Main Category

• Library > Legal Subjects > Legal Professionals > Rulings

Related Category

• Laws of Malaysia > Case and Codes

Related Topics

• Bar Council
• Practice and Etiquette Rules
• The Pupil Master

PUPILLAGE

(1) Master

(a) Save with the prior written approval of the Bar Council a Master may not take more than two pupils at the same time.

(b) Pupillage must be under the direct supervision of the Master. Accordingly, a Master and pupil cannot be in different firms or different offices of the same firm.

(c) All Masters must sign the Form of Undertaking to ensure that they have a valid practicing certificate during the period their pupil is chambering with them and to notify both the pupil and the Bar Council should their Sijil Annual lapse at any time during the period in question.

(d) A master shall not refuse to issue the Certificate of Diligence unless it is for reasons acceptable to the Bar Council.

(e) It is the Master's duty to arrange for a member of more than 7 years' standing to move the call of his pupil.

(f) An advocate and solicitor may not advertise for pupils except in the premises of the Bar Council, State Bar Committees or Bar rooms.

(2) Pupil

(a) Only a 'qualified person' within the meaning of the Act can commence pupillage. A graduate with a conditional pass is not a 'qualified person'.

(b) The spouse, child, sibling or parent of an advocate and solicitor may undergo pupillage with such advocate and solicitor.

(c) A pupil must replace the number of days' leave taken during pupillage.

(d) Pupils may print name cards, provided that their firm names are not on the cards.

(3) Referees

Referees for pupils/petitioners shall be professionally qualified or of similar standing.

(4) Rights Of Audience

(a) A pupil has no right of audience in the Industrial Court and Syariah Court.

(b) A pupil is entitled to appear before the Special Commissioner of Income Tax in the event that he is a qualified accountant. However, he cannot hold himself out as an accountant and/or tax adviser/tax consultant or other such description.

(c) At the expiration of the requisite period of pupillage, a pupil ceases to be a pupil. Accordingly, while he can continue to work with his Master, he cannot appear in court on behalf of his master and cannot hold himself out as a pupil.

(d) A pupil who has been granted a privilege of restricted audience under s.36 of the Act must identify himself as a pupil while exercising such privilege and any resulting court order shall describe him as a pupil.

(e) A pupil can hold a watching brief where he/she has a right of audience.