COURSE INFORMATION

1 . Name of Course Professional Practice I

2 . Course Code UPP4712
3 . Type of Course Core
(e.g. : Core, major, elective etc.)
4 . Synopsis This course comprises of chapters relating to office management, counsel duties and
ethics of the legal profession and professional misconduct.

5 . Version Current: June 2020

(State the date of theSenate’s approval - previous and the current approval date) Previous: June 2016

6 . Name(s) of Academic Staff Mr Mohd Azizie b. Abdul Aziz

7 . Semester and Year Offered Trimester 1, Epsilon (Fourth) Year

[June 2016 intake onwards]
8 . Credit Value 4
9 . Pre-Requisite Nil
10 . Objective of the course in the programme:
The objectives of this course are:
a) to impart an understanding of the ethics of the profession - duties, responsibilities and liabilities of advocates and solicitors in the legal profession in relation to their clients, the courts and
the public;
b) to give a clear picture of the legal implications of non-compliance of professional ethics; and
c) to impart an understanding of the management of a legal office.

11 . Justification for including the course in the programme:

This is a fundamental body of knowledge in MQA’s Programme Standards for Bachelor of Laws (Professional Year).

12 . Course Learning Outcomes (CLO) Domain Level

CLO1: Analyse the proper management of a legal firm, professional ethics and misconduct,
disciplinary and contempt proceedings as well as solicitor's undertaking.
Cognitive 4

CLO2: Examine the rules and regulations governinglawyers' professional ethics, misconduct,
disciplinary and contempt proceedings, undertakings and management of a legal office. Cognitive 4

CLO3: Explain the nature, purpose and procedures regarding disciplinary proceedings arising
from the breaches of professional conduct and contempt of court. Affective 3

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 CLO4: Explain the rules and regulations concerning counsel legal etiquette, duties and liabilities
which constitute the core of legal practice. Affective 4

13 . Mapping of the Course Learning Outcomes to the Programme Learning Outcomes, Teaching Methods and Assessment:

Course Learning Programme Learning Outcomes (PLO) Teaching Methods Assessment Method
Outcomes (CLO)
(Must tally with CLOs in P P P
item 12) P P P P P P P P P L L L
L L L L L L L L L O O O
O O O O O O O O O 1 1 1
1 2 3 4 5 6 7 8 9 0 1 2
CLO1 Lecture & Tutorial Midterm Test, Final Exam


CLO2 Tutorial Final Exam



CLO3 Tutorial Presentation/Project



CLO4 Case Study/Group Work Project


Indicate the relevancy between the CLO and PLO by ticking “ ” the appropriate relevant box
Total 1 1 1 1 (This description must be read together with standards 2.1.2, 2.2.1, and 2.2.2 in Area 2 – pages
16 & 18 of COPPA 2.0)

14 . Transferable Skills:
Social skills and responsibilities; Communication, leadership and team skills; Problem solving and scientific skills

15 . Distribution of Student Learning Time (SLT)

Teaching and
Learning Activities Guided Independent
Course Content Outline **CLO Guided Learning Learning Learning Total SLT
(F2F)* (NF2F)* (NF2F)*
*L *T *P *O

Opening and Managing a Legal Firm

Introduction and overview of the whole subject; structure of
Malaysian Legal Profession, The need for ethics;
1 CLO1, CLO2 10 4 14 28
Management of legal office (time management, staff
management, files management and overall management);
Admission and cessation of practice.

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 Duties of Counsel
Duty of counsel to Courts; Duty of Counsel to Client; Duty
2 of Counsel to opposing Counsel and Duty of Lawyers to CLO1, CLO2, CLO4 4 0.5 0.5 5 10
Society at large.

Counsel Liability in Negligence and Misconduct

Introduction on Professional Negligence and misconduct;
Case law on Professional Negligence and misconduct in
3 CLO1, CLO2, CLO4 6 1 1 8 16
Malaysia; Consequences of lawyers’ negligence to the
Profession and Society and punishment for breach of
professional misconduct.

Legal Profession (Practice and Etiquette) Rules 1978

and Bar Council Rulings
General conduct of lawyers; Pupillage; Admission
4 CLO1, CLO2, CLO4 6 1 1 8 16
procedures; Practising Certificate; Ethics of the legal
profession; Duty of confidentiality; touting; Change of
Solicitors; Obtaining judgment by default etc.

Disciplinary Proceedings
Introduction (Disciplinary Board, Disciplinary Committee
5 Panel, Investigating Tribunal Panel); procedure for lodging CLO1, CLO2, CLO3 6 2 8 16
a complaint; Stages of Disciplinary Proceedings;
Punishment; Appeal.

Undertakings, Enforcements of Undertakings and

Summary Jurisdiction
6 Introduction to solicitor’s undertaking; Nature of CLO1, CLO2 3 1 4 8
undertaking; Enforcement of undertaking and Introduction
to summary jurisdiction.

Contemp of Court
7 Introduction, Types of Contempt, Case on Contempt and CLO1, CLO2, CLO3 4 1 5 10
Punishment for contempt.

Total SLT 104

SUMMATIVE ASSESSMENT
1. Continuous Assessment Percentage % Total SLT
Midterm Test 10% 3
Presentation/Project 20% 15

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 Project 20% 15

Total SLT for Continuous Assessment 33

Total SLT
2. Final Assessment Percentage %
F2F ILT
Final Exam 50% 3 20
Total SLT for Final Assessment (F2F + NF2F) 23

Grand Total 100% 160

**Indicate the CLO based on the CLO’s numbering in Item 12.
*L= Lecture, *T= Tutorial, *P= Practical, *O= Others, F2F*= Face to Face, NF2F*= Non Face to Face

16 . Identify Special Requirement to Deliver the Course (e.g., software, nursery, computer lab, simulation room):
Nil
17 . Main References:
Ravi Nekoo, Parames K, Kevin Joshua Professional Practice (2nd edn LexisNexis, Kelana Jaya 2007)

18 . Additional References:
Tan Yock Lin The Law of The Advocates and Solicitors in Singapore and Malaysia (2nd edn Butterworth, Singapore 1998)

Articles
Joanna Rasamalar Jeremiah.” Liability Without Reliance – Solicitors and Disappointed Beneficiaries” [1994] 1 MLJ cxxxvii
Kholsa J, “How to Argue Appeals. Malik’s The Art of a Law “ (1957) ed p241
Harun Hashim. ”Ethics in the Legal Profession – Now and in the Future” [1981] 2 MLJ lxxxi
TPB Menon.” Legal profession in Singapore Code of Ethics and Disciplinary Procedures” [1981] 2 MLJ v
Lord Alexander of Weedon QC. “The role of the Advocate in our Society” [1992] 1 MLJ xxxvii
S Sothi Rachagan. “The Role of Lawyers and the Bar Council in Society “[1995] 2 MLJ xxix
R R Chelvarajah: “History of the Malaysian Bar “Wednesday, 30 August 2006 Malaysian Bar
Available online:-
http://www.malaysianbar.org.my/index2.ph?option=com_content&do_pdf=1&id=4223
Devasenathy Pathy Rajah: “The Malaysian Legal Profession & Globalization” [2006] Available online: www.TheCyberLaw.net

Statutes
Legal Profession Act 1976 (and other relevant subsidiaries legislation)
Legal Profession (Amendment) Act 2006 (Act A 1269)
Legal Profession (Practice and Etiquette) Rules 1978
Legal Profession (Practice and Etiquette) (Amendment) Rules 1994
Civil Law Act 1956 (Revised 1972) (Act 67)
Bar Council Rules and Rulings

Note:
Cells shaded light grey contain formulas / fixed values. Edit these formulas only if needed.

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