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• Legal Professionals > The Pupil Master

Related Topics

• Guidelines and Qualifying as an Advocate and Solicitor
• Law Schools A-Z (Recognized in Malaysia)
• Certificate in Legal Practice (CLP)

WHAT IS THE SCOPE OF A SOLICITOR'S PRACTICE ?

It's not easy to define as there is much scope for specialization. Other then contentious work, it covers every sort of work. A Solicitor should has some experience in conveyancing, basic commercial work administration and probate.

The client can seek for advice on all kinds of transaction from a Solicitor. Some of transaction may be beyond the scope or experience of the solicitor. Thus it is essential for a solicitor to be aware and to know when to seek advice either senior members of the Bar with special experience or professionals in other fields. An example will be seeking the client's permission to engage an accountant, if a matter requires the examination of lengthy or complicated financial records of a company.

WHAT IS THE EXPERIENCE I SHOULD GAIN AS A PUPIL INTERESTED IN THE FIELD OF CONVEYANCING ?

Attempt to follow from the beginning to the end as many types of transactions as possible.

Example : Conveyances, charges - legal & equitable, including by way of deed of assignment in case of properties for which title is yet to be issued -, leases and assignments.

You should also be familiar with National Land Code and the experience in the use of the various documents prescribed by it should be sought. You should also :

• Accompany the search clerk on his rounds to the Registry of Titles and learn how to conduct a title search
• Attend interviews with clients on financing arrangements
• Attend with the clerk or master at the completion of a sale and purchase
• Additionally, for probate an administration, you should learn to
• Prepare Petitions for Letters of Administration and Grants of Probate
• Take instructions on the draft wills

You should also gain experience on the following for basic commercial law ;

• The stamping of documents - this necessitates familiarity with the provisions of the Stamp Act
• The registration of documents - pursuant to the Companies Act, the Hire Purchase Act, the Bills of Sale Act
• The incorporation of a company and the registration of a business
• The drafting and vetting of security documents - debentures, charge, deeds of covenants and loan agreements

WHAT ARE THE AREAS OF SPECIALIZATION FOR A SOLICITOR ?

Below are some of the fields of specialization. However the list is by no means exhaustive. A Pupil cannot cover all the aspects of a solicitor's practice. However, much should be done as possible.

• Income tax matters
• Admiralty actions
• Ship mortgages and financing
• Trademarks, patents and copyright matters
• Land acquisitions
• Banking
• Building and developers' contracts
• Arbitration proceedings
• Muslim law
• Corporate financing

SHOULD I LEARN ABOUT BUSINESS MANAGEMENT DURING THE PUPILLAGE ?

It is useful if you can see something of office administration. However, you may not be possible to see much of this during the pupillage. It is a very serious responsibility to handle clients' monies and the rules relating to this and the system of handling them must be thoroughly known and strictly observed.

WHAT ARE THE PRACTICAL MATTERS I SHOULD KNOW AS A PUPIL ?

As a Pupil, the emphasis is not on academic tutorials or discussion but on following your master in his or her work and watching and learning. Your master will be a senior practitioner and likely to be a very busy person You cannot expect to be spoon-fed. Your master is doing you a favor by assuming the responsibilities of being a master. The master will set aside time willingly enough for the Pupil. You should ask questions frequently if at any stage you do not understand why things are done in a certain way. However, you should ask yourself first and try to find the answer before you approach your master. You master should set aside time regularly to discuss the progress of the pupillage.

You should take the trouble to get to know as many members of the profession as possible during the pupillage - not merely other pupils. Every day in all sorts of matters, an advocates and solicitors deals with fellow advocates and solicitors. You should make an effort taken at the beginning of your career to introduce yourself to other members of the profession. This makes your working relationships for the future so much easier, satisfying and personally rewarding. The more acquaintances and friends you make at the Bar, the richer is your professional life.

As a Pupil, you may decide whether to confine yourself substantially to practicing as an advocate or as a solicitor. If you have decided, you should during the pupillage try to obtain as wide experience of both side of the profession as possible. Both sides are closely related and overlap and the solicitor must have some familiarity with the laws and procedures relating to the practice of the advocate and vice versa. It is a valuable experience to hear an experienced advocate conducting a trial or appeal. Thus attendance at trials is very desirable. When the trial is over, you should ask the Counsel concerned if there is a point of presentation or procedure which you do not understand while attending it. The Counsel will always be glad to explain these matters to a Pupil or junior member of the profession.

You work under the personal direction and supervision of your master. The master's responsibility is to make sure that you receive instruction or gain experience in the usual type of work normally undertaken by an advocate and solicitor. A Pupil has the opportunity of becoming acquainted with the laws and general rules of practice and procedure applicable to the legal profession in Malaysia.

CAN I WORK FOR OTHER COMPANY ON A PART-TIME BASIS DURING PUPILLAGE ?

It is intended that the pupillage will be full-time and a Pupil may not without the special leave in writing of the Council hold any office or engage in any employment of any kind whether full-time or otherwise during pupillage. You may however be remunerated by your master and this is the normal practice.

IS THERE ANY EXEMPTION FOR THE PERIOD OF PUPILLAGE ?

The prescribed period for a "Qualified Person" to serve a period of pupillage is 9 months as set out in section 12 of the Legal Profession Act 1976. However the Bar Council may exempt "Qualified Person" from any period up to 6 months pupillage in various circumstances set out in section 13. The pupillage is served with a master who must be an advocate and solicitor for at least 7 years immediately preceding the date of commencement of the pupillage. A Pupil may server different parts of the period of pupillage with difference masters with the consent of the Bar Council.

CAN A PUPIL APPEAR IN THE COURT ON BEHALF OF THE MASTER ?

By law, only an advocate and solicitor holding a current practicing certificate has the right of audience in the Court to represent a client. However, the Legal Profession Act 1976 provides for a form of restricted audience for pupils.

A judge may order that a Pupil be permitted to appear on behalf of the master or the master's firm in which the master is practicing

1. during the period of 3 months from the date of the order
   1. before a Judge or a Registrar of the High Court in chambers
   2. before a President of the Sessions Court or a Magistrate in chambers
   3. before a Registrar of the Subordinate Courts

to mention a case including entering judgment in default or to apply for bail or to take a consent judgment or order and

2. at the expiration 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 matter

This application is not made by the Pupil but the master to a Judge and may be made at the commencement of the pupillage.

A Pupil appearing in Court should introduce himself to the Court by giving his name, stating that he is a pupil and stating the name of the master.

HOW DO I GO ABOUT THE COURT APPLICATION FOR ADMISSION ?

Pupils are advised to study carefully for themselves the court application for admission set out in the Legal Profession Act 1976 - Particularly section 10 - 19 and consult their master if they are in any doubt. A Pupil should also obtain a copy of the Act for himself or herself. As an aspiring advocate and solicitor, a pupil is personally responsible for ensuring that all the document for his admission are in proper order and are filed in good time.

HOW DOES A PUPIL OBTAIN THE PRACTICING CERTIFICATE ?

The Call
The Counsel who moves his call will represent a Pupil on hearing on the hearing of his petition. If the Pupil has no Counsel of his own choice, the master will approach Counsel to do this on behalf. It is not etiquette for the pupil to be represented by his master or any member of his master's firm. Bringing copies of all the papers, the Pupil should call upon his Counsel and draw his attention to any possible difficulty that might arise on the hearing.

The Call Day
At the call, the dress code is that applicable to all practitioners when they attend in open court. A white long-sleeved shirt with a stiff wing collar, a very dark suit (preferably black) and black shoes for men. White blouse, bands, a very dark (preferably black) jacket, a conservative or traditional dress and black shoes for women.

The proceedings are held in open court and generally, the procedure in the court on call day is as follows :

1. The Pupil's counsel will rise to address the Court to request that the petition be granted. This being referred to as "moving the call".
2. The Pupil should rise and bow to the Court when Counsel first mentions the Petition, remain standing throughout the mention of the petition.
3. Counsel for the Attorney General, the Bar Council and the State Bar Committee will state whether the petition is objected to.

Practicing Certificate
The next step is to obtain a Practicing Certificate after the Order of Admission is made on the Petition. The procedure is set out under section 29 of the Act. A necessary preliminary to obtaining the Practicing Certificate is the issue of a Sijil Annual from the Bar Council. This procedure is set out under section 32 - 34 of the Act.

MUST ALL PRACTICING MEMBER OF THE BAR BE INSURED AGAINST PROFESSIONAL LIABILITY ?

Yes. Under section 78A of the Legal Profession Act 1976 and the rules made under it, every practicing advocate and solicitor or member of the Bar must be covered by professional indemnity against professional liability. The Sijil Annual will not be issued unless this cover is in place.