GROUP ASSIGNMENT

SEMESTER 1 SESSION 2021/2022

FACULTY OF LAW AND INTERNATIONAL RELATION

DEGREE PROGRAMME

COURSE : ETHICS

COURSE CODE : LLB40303

LECTURER’S NAME : TUAN ABDUL HAYYI BIN SALIM

DATE OF SUBMISSION : 9TH DECEMBER 2021

MEMBERS OF DANIAL LIM & PARTNERS:

1 FAWWAZ SULHI BIN AHMAD SINWAN BLAL18050723

2 LIM KAH LOK BLAL18050933

3 MUHAMMAD DANIAL IMAN BIN AHMAD TERRIRUDIN BLAL18050201

4 NUR NISA BATRISYIA BINTI NUR MUHAMMAD BLAL18051742
5 SITI NURANISYA BINTI CHE ROIZIMI @ CHE ROZIDI BLAL18051746
1.0 QUESTION 1 2
1.1 INTRODUCTION 2
1.2 CONTENT 3
1.2.1 SOURCE OF LEGAL ETHICS MALAYSIA 3
1.2.2 CONSEQUENCES FOR NOT COMPLYING WITH RULES 5
1.2.3 IMPORTANCE OF THE LEGAL ETHIC 6
1.3 CONCLUSION 7

2.0 QUESTION 2: PART 1 8

2.1 INTRODUCTION 8
2.2 CONTENT 8
2.2.1 ISSUE 1 8
2.2.2 LAW 9
2.2.3 APPLICATION OF ISSUE 1 10
2.2.4 CONCLUSION OF ISSUE 1 11
2.2.5 ISSUE 2 11
2.2.6 LAW 11
2.2.7 APPLICATION OF ISSUE 2 13
2.2.8 CONCLUSION OF ISSUE 2 13
2.3 CONCLUSION 13

3.0 QUESTION 2: PART 2 14

3.1 INTRODUCTION 14
3.2 CONTENT 14
3.3 CONCLUSION 17

BIBLIOGRAPHY 18

1
1.0 QUESTION 1

“Ethics is derived from the Greek word ethikos, meaning a system of rules of behaviour.
In modern usage it means the science of morals. Legal ethics has been defined as the
usages and customs among members of the legal profession involving their moral and
professional duties toward one another, toward their clients and toward the courts.”

Based on the above statement, discuss about ethics in the legal profession in Malaysia.
(6 marks)

1.1 INTRODUCTION

The word “Ethic” has various interpretations made by the scholars and global
dictionaries, however in general, ethics are defined as a certain discipline that deals
with human behavior that includes bad or good attitude.1 Based on some dictionaries,
legal ethics can be defined as the minimum standard of appropriate conduct of a person
in the legal industry involving duties that its members owe one another, their client and
the court.2 It also can be perceived to be a standard of how a lawyer and a judge should
behave in fulfilling their duties as stated in the regulations that govern the duties and
roles of a legal practitioner. Other than that, Britannica Dictionary stated that legal ethics
are principles of conduct that legal practitioners are expected to follow in their practice.3
It shall act as an outgrowth mechanism for the development of the legal career. In this
current generation, positivist approaches are becoming more popular compared to the
rules of nature and morality due to the law evolving day by day to fulfill the society's

1
Van Zyl CH IV and Visser J "Legal Ethics, Rules of Conduct and the Moral Compass, Considerations
from a Law Student's Perspective" PER / PELJ 2016(19), DOI http://dx.doi.org/10.17159/1727-
3781/2016/v19ni0a795 accessed on 7 December 2021
2
USLegal, “Legal Ethics Law and Legal Definition”, retrieved from <https://definitions.uslegal.com/l/legal-
ethics/> accessed on 5 December 2021
3
Britannica Dictionary, “Legal Ethics”, retrieved from <https://www.britannica.com/topic/legal-ethics>
accessed on 5 December 2021

2
needs. However, some of the scholars agreed to mix both of the jurisprudence in order
to have a respectable legal profession that uphold the dignity of legal ethics.4

1.2 CONTENT

1.2.1 SOURCE OF LEGAL ETHICS MALAYSIA

There are various authorities that govern the ethics in the legal profession in
Malaysia. Firstly, it can be seen through the Malaysian Bar. Malaysian Bar is a creature
of statute established under the Advocates and Solicitors Ordinance 1947 that later
was repealed by the Legal Profession Act 1976.5 The aim of the Malaysian Bar is to
uphold the rule of law and justice as well as to protect the interest of the legal profession
and the public at large. The legal profession in Malaysia is fused with one membership
which means, each advocate and solicitor is automatically a member of Malaysian Bar
as long as he/she holds a valid Practising Certificate.6 As a regulatory authority on
behalf of the Advocates and Solicitors in Malaysia, the Malaysia bar has made an effort
by including the Rules and Rulings relating to the matters if practice and etiquette. This
has been made pursuant to Section 57 of the Legal Profession Act 1976 where the
section specifically provides the power of the Bar Council.7 Resulting to the
establishment of the Rules and Rulings of the Bar Council, with the aim to maintain the
fundamental principle in protecting the dignity and integrity of the legal profession, it will
also serve as a guidance for the Advocates and Solicitors as well as the pupils to have
the knowledge of the proper conduct of practice and etiquette. Failure to comply with
the Rules and Rulings would amount to the “misconduct” under Section 94(3) of the
Legal Profession Act 1976 and disciplinary proceedings might be imposed.8

4
Onesmo, O, “The Concept of Legal Ethics and The Most Common Breaches of Ethics in The Legal
Profession”, Academia, retrieved from
<https://www.academia.edu/43500931/THE_CONCEPT_OF_LEGAL_ETHICS_AND_THE_MOST_COM
MON_BREACHES_OF_ETHICS_IN_THE_LEGAL_PROFEESION_1_0_WHAT_IS_LEGAL_ETHICS>
accessed on 6 December 2021
5
Official Website of Malaysian Bar
6
Ibid
7
Section 57 of the Legal Profession Act 1976
8
Section 94(3) of the Legal Profession Act 1976

3
 Other than that, the authority that governs the ethics in the legal profession in
Malaysia can be seen through the Legal Profession Act 1976. This is the main statute
that provides the requirement of qualification for those who intend to join the legal
profession. This can be seen through Section 11 of Legal Profession Act 1976, where
it provides a requirement for a person to be qualified as an advocate and solicitor.9 It is
important for a person who intends to be an Advocate and Solicitor to possessed a
good character such as, the person has not been convicted in Malaysia or elsewhere for
a criminal offences as it would amount the person to be unfit to be a member of this
profession and this also include the offences of fraud or dishonesty. This is important as
an Advocate and Solicitor are expected to be a person that would obey the law,
amounting them to be a responsible citizen and by obeying the law would regard the
person to be an appropriate person to help and assist their client in the future.
Supported by Section 94 of Legal Profession Act 1976 where it provides the power of
the Disciplinary Board to take action against any Advocates and Solicitors who have
committed any misconduct.10 Section 94(3) of Legal Profession Act 1976 provides
the act of misconduct includes conviction of criminal offences, breach of duty, dishonest
or fraudulent in conducting their duties, being declared as a bankrupt, accepting
employment in legal business through touting and many more.11 Any Advocates and
Solicitors who has been guilty of these misconduct, shall be liable of one or more
punishments including to be struck off the Roll, suspended from the practise for a
duration not exceeding five years, paying fine not exceeding fifty thousand ringgit or to
be reprimanded.

Thirdly it can be seen through Legal Profession (Practice and Etiquette) Rules
1978. It provides the specific rules on how an Advocate and Solicitor should conduct
their duties in the legal profession. It can be seen in Rule 16 of Legal Profession
(Practice and Etiquette) Rules 1978, where it provides that Advocate and Solicitor
need to uphold the interest of their client, justice and dignity of the profession.12 It further
elaborated that and Advocate and Solicitor shall fearlessly protect the interest of their
9
Section 11 of Legal Profession Act 1976
10
Section 94 of Legal Profession Act 1976
11
Section 94(3) of Legal Profession Act 1976
12
Rule 16 of Legal Profession (Practice and Etiquette) Rules 1978

4
client, the interest of justice and dignity of the profession without causing any
consequences to himself or other person. It is supported by the case of Rondel v
Worsley, where it stated that it is the duty of the counsel to act fearlessly in protecting
the interest of their client by raising every issue, advance any argument and ask any
question that would benefit his client.13 However, the counsel must discharge their
duties judiciously and not abuse their rights, and the counsels conduct must always
according to the decorum and dignity. Next, it can be seen in Section 9 of Legal
Profession (Practice and Etiquette) Rules 1978, where the lawyer must defend their
client fairly without putting any personal opinion against the case.14 A clear explanation
of this rule can be seen in the case of Tombling v Universal Bulb Co, where the court
held that it is the duty of the counsel to make “every honest endeavor to succeed”.15
Which means that the counsel has a great responsibility to handle the case until the end,
no matter how difficult the task is, how much the public opinion against the client and
how much the amount of fee. However the Legal Profession (Practice and Etiquette)
Rules 1978 also safeguard the interest of an Advocate and Solicitors by allowing them
to refuse to accept the case if the brief concern with his personal relationship or he
would be embarrassed and this can be seen in Rule 3 of Legal Profession (Practice
and Etiquette) Rules 1978.16

1.2.2 CONSEQUENCES FOR NOT COMPLYING WITH RULES

Failure to comply with the Legal Profession Act 1976 would amount to the
Advocate and Solicitor to be struck off the roll, suspended from the practice for a
duration not exceeding five years, paying fine not exceeding fifty thousand ringgit or to
be reprimanded. This can be seen in the case of David Abraham Samson Paul v
Syed Shahir Bin Syed Mohamud (Suing In His Capacity As The President Of The
Malaysian Trades Union Congress) & Ors, where the appellant in this case was the
solicitors for the complainant, The Malaysian Trade Union Congress, has been struck

13
[1967] 3 All ER 993
14
Section 9 of Legal Profession (Practice and Etiquette) Rules 1978
15
[1951] 2 TLR 289
16
Rule 3 of Legal Profession (Practice and Etiquette) Rules 1978

5
off the rolls of Advocates and Solicitors by the Disciplinary Board.17 This case started
when the appellant acted on behalf of the complainant in the sale of the MTU building
pursuant to the Sale and Purchase Agreement (SPA) and the sum of RM750,00.00 was
allegedly retained by the appellant for the real property gains tax (RPGT). When the
complainant was granted exemption from RPGT, the complainant requested for the
release of RM750,000.00 and the accrued interest. However, the appellant responded
that the amount of RM750,00.00 was never retained for RPGT but instead it will be
used to pay the appellant’s interim fees. Dissatisfied with the respond by the appellant,
the complainant lodged a complaint against the appellant for not accounting for monies
received by him in his capacity as their solicitor and in particular to the failure to account
for the sum of RM750,000.00. Disciplinary proceeding were made against the appellant
where the Disciplinary Committee found that the appellant was guilty by contravening
Section 94(3) of Legal Profession Act 1976 and recommended that the appellant be
struck off the rolls of Advocates and Solicitors. The High Court held that the appellant
had breached the provisions of the SPA in the manner in which he retained and
deducted the monies for his legal fees abd upheld the board’s decision. The appellant
applied to the Court of Appeal and argued that the RM750,000 for his interim fees, the
appellant relied upon a letter written by him to the complainant. However, the Court of
Appeal dismissed the appeal and agreed with the High Court judgement.

1.2.3 IMPORTANCE OF THE LEGAL ETHIC

Firstly, ethics can contribute to the conduct of a legal practitioner to be more

responsible in conducting their work. Responsibleness can be seen as the goal of
learning the legal ethic. In order to achieve this goal, it needs to start from the moment
the person intends to join the legal profession which is at the University level where the
lecturers shall emphasize on the importance of ethics.18 In preparing to be a lawyer or a
legal practitioner it does not only confers the knowledge of the law, ethics also have a
key role in this matter as it will guide the person to apply the law in the future. Having

17
[2012] 6 Mlj 68; [2012] Mlju 350; [2012] 1 Lns 331; [2012] 3 Amr 690
18
Ibid

6
the ability to respond to any situations wisely whether in court or outside of court is a
must for a legal practitioner as it will affect the credibility of the profession.19

Secondly, it will enhance the credibility of the profession and trust. In every
profession, ethics can be regarded as the most important aspect as it will affect the
quality of the work.20 However, ethics can be more crucial in the legal profession as
lawyers always seem to be very suspicious in the eyes of the public, where lawyers are
often alleged to be corrupt and abuse their power. Thus, an enforced rule of conduct is
important in ensuring the credibility of legal practitioners in the legal field.

Thirdly, ethics is important as it will safeguard the interest of the client and the
public at large. The aims of Malaysian Bar, Legal Profession (Practice and Etiquette)
Rules 1978 and Legal Profession Act 1976 is to safeguard the interest of the client.21
Each section and rules were specifically made for the lawyers as a guidance on how to
conduct their work without suppressing the rights of their clients. It is important as
dealing with law requires a lot of procedure, money and time, and these rules are
needed in order to protect the client from unnecessary fees or being discriminated
against.22 Thus, the ability to deliver the law well and in accordance with the rule of
ethics is important as it will determine whether the country is successful in administering
their country by upholding the interest of their citizens at all cost.

1.3 CONCLUSION

In conclusion, ethics and the legal profession come hand in hand as people who
works in the legal profession are the key person that will safeguard the interest of the
society. Failure to comply with the rules will bring a detrimental effect to the public as
legal profession are expected to consist of people who has the ability to help those in
needs and to administer their duty in accordance with the rules of conduct. Thus, it is
important for any person who works in legal profession to maintain the honor and dignity
of the legal profession in promotion of justice.

19
Ibid
20
Ibid
21
Ibid
22
Ibid

7
2.0 QUESTION 2: PART 1

Ali is a law graduate from a local university in Malaysia. He graduated in September

2020. Currently, Ali is serving his period of pupilage under the supervision of his master,
Mr. Abu who is his own brother. Mr. Abu was called to the Bar in 2010. In 2013, he
joined the Judicial and Legal Service and served as a magistrate for 6 years. Thereafter,
he resigned and returned to private practice. One day during his pupilage, Ali was
asked by a lawyer from another firm to appear on behalf of him before the Session
Court Judge. The instruction given to him was to ask for an adjournment. Ali then
appeared before the court and managed to get the adjournment. Ali is now waiting for
his long call proceeding which has been scheduled for December 2021.

(1) Based on the situation above, identify and discuss the issue/s that may have arisen.
(6 marks)

2.1 INTRODUCTION

In order for a law graduate to practice as an advocate and solicitor in Malaysia, it

is required for them to undergo a few procedures before they are qualified. The legal
profession is considered as a professional course where it requires a high standard for
those who want to practice under this area. Regardless if a person is able to graduate
successfully, he or she must first comply with the requirements provided under the
Legal Profession Act 1976 and the Bar Council Rules and Ruling in order for them to be
part of the profession. Hence, the procedure and requirements of a procedure known
as pupilage is a requirement imposed for each local law graduate by the Malaysian Bar
to ensure that the Advocates and Solicitors in Malaysia are equipped with all the
necessary qualities..

2.2 CONTENT

2.2.1 ISSUE 1

The issue is whether Abu (Ali’s brother) are qualified to be a ‘Master’ for Ali as
his pupilage even though they have a relationship as siblings.

8
2.2.2 LAW

A spouse, child, sibling, or parent may serve as a pupil of an Advocate and

Solicitor in accordance with Rule 10.01 under Chapter 10 of the Bar Council Rules and
Rulings, as stated in paragraph (2).23

An advocate and a solicitor in Malaysia must have been in practice for a total of
seven years immediately prior to the start of the pupillage term under Section 13 Part II
of the Legal Profession Act 1976. A pupil may spend his time of pupillage with an
advocate and solicitor with less than seven years' standing if the Bar Council so permits
in extraordinary circumstances.

Referring to Section 3 of the Legal Profession Act 1976,24 It defines the

“advocate and solicitor” as advocate and solicitor of the High Court admitted and
enrolled under this Act or under any written law prior to the coming into operation of this
Act. The sentence in Section 13 of the Legal Profession Act 1976 specifically used
the word “advocate and solicitor” and not together with the word “legal officer”. The word
“legal officer'' is also defined under Section 3 of the Legal Profession Act 1976 where
it means a qualified person in the judicial and legal service.

Thus, in this matter the advocate and solicitor mentioned in Section 13 of the
Legal Profession Act 1976 must be a person who had experienced for the term of
seven years as an advocate and solicitor.

This can be supported with the case of Akberdin bi Hj Abdul Kader & Anor v
Majlis Peguam Malaysia.25 The first appellant was called to the Bar on 1 March 1991.
Soon after that he joined the Judicialand Legal Service as a magistrate for six years.
Thereafter he resigned and returned to private practice. The second applicant, intending
to practice law, served her period of pupillage in the first applicant’s chambers. She was
eventually admitted to the Bar as an advocate and solicitor. After her admission the Bar
Council realized that the first appellant was not qualified to take on a pupil. The

23
Bar Council Rules and Ruling
24
Legal Profession Act 1976
25
[2003] 1 MLJ 1

9
appellants, wanting their position declared as being legal, sought several
declarations in the High Court. The main thrust of these declarations was
that the first appellant was in ‘active practice’ for seven years from the date of his call
to the Bar. The HighCourt dismissed the application for such declarations and the
appellants appealed. In the Court ofAppeal, the appeal mainly concerned the
construction of the phrase ‘active practice’ in Section 13(1) of the Legal Profession
Act 1976 (‘the Act’). Another case can be referred to in the case of All Malayan
Estates Staff Union V Rajasegaran A/L V.N. Rajah And Others26, Wan Afrah J held
that the phrase "active practice" is only confined to Sections 13 and 21 Legal
Profession Act 1976. The said phrase is not part of the statutory definition. The said
phrase is only relevant with regards to pupilage and the qualification of a master under
Section 13 and 21 Legal Profession Act 1976. She further contends on the face of
the unambiguous clear words of Section 23 A of the Act read together with Section 3
if the Act, it would be wrong in law, under the circumstances, to read into Section 23A
of the Act the words "active practice". Since the First Respondent was admitted to the
Roll of advocates and solicitors for more than 8 years preceding his appointment, he
was suitably qualified.

2.2.3 APPLICATION OF ISSUE 1

Applying to this case Ali is under the pupilage of his brother who had been called
to the Bar in 2010 and in 2013 he joined the Judicial and legal Service and served as a
magistrate for a period of 6 years. Thereafter, he resigned and returned to private
practice. Thus, in this case there is no problem with regard for his Ali’s brother to be his
Master as provided in Rules 10.01 of the BC Rules and Rulings, the siblings may
serve his pupilage with an advocate and solicitor but the issue in this matter is Abu is
not qualified to be Ali’s master as the period for the master must be not less than 7
years provided under Section 13 of the Legal Profession Act 1976. Apart from that,
while he served as a magistrate for 6 years it does not count as the active practice as
provided under Section 13 of the Act, the term used is specifically for “advocate and
solicitor” and not “legal officer”. Magistrate in this context is under the term legal officer

26
[2004] MLJU 679

10
because magistrate falls under the category of the judicial and legal services. This
indicates that he has only been practicing as an advocate and solicitor for 3 years which
are in the year 2011, 2012 and 2020. Hence, Abu has not exceeded the period of 7
years as the term of 6 years while he served as magistrate is not counted.

2.2.4 CONCLUSION OF ISSUE 1

In conclusion, Ali may be under the pupilage of his brother, Abu but considering
that Abu had not exceeded the period 7 years as an active practise of an Advocate and
Solicitor, thus, Abu is not qualified to be a Master.

2.2.5 ISSUE 2

The issue is whether Ali can act on behalf of a lawyer for application of
adjournment before his long call proceeding.

2.2.6 LAW

In order to go through pupilage, a person must be a qualified person. Section 12

of the Legal Profession Act 1976 provides that a qualified person shall be known
during his period of pupilage as pupil and serves a period of pupilage with a person
known as master.27 A pupil may undergo his or her pupilage with an Advocate and
Solicitor regardless if the advocate and solicitor is his or her spouse, child, sibling or
parent as provided in the Bar Councils Rules and Ruling.28 As a pupil, it is important for
a person to always be under the supervision of the master during the course of their
pupilage period. A pupil must complete his or her 9 month of pupilage for West Malaysia
as provided under Section 12.29 However, it does not apply for those serving his or her
pupilage in Sabah or Sarawak as they must go through a period of pupilage for up to 1
year.

The section further elaborated that a pupil is not allowed to work with others
during the period of pupilage except for serving and receives remuneration from his or

27
Legal Profession Act 1976
28
Bar Council Rules and Ruling
29
Ibid

11
her master. The Rules and Ruling also provided that he or she shall not appear in court
on behalf of his or her master and not hold himself or herself out as a pupil. This is
further elaborated in Section 36 of the Act where it mentioned that advocates and
solicitors need to have their name on the Roll before practice. Section 36(1) of the Act
further provided that no person shall practice as an advocate and solicitor unless his or
her name is on the roll and that he has a valid practicing certificate.30 Section 36(2) of
the Act further provided that a master may make an application to the judge for a pupil
to appear on behalf of the firm on a proceeding relating to mentioning a case, entering
judgement in default, to apply for a bail or for a consent judgement order which expires
within 3 months after the application is made.31

This can be referred to the Court of Appeal case of S Ashok Kandiah & Anor v.
Dato’ Yalumallai Muthusamy & Anor [2011] 1 CLJ, which the facts of the case were
regarding a chambering student who sat at the bar table next to the first plaintiff and
represented himself as the second plaintiff.32 Throughout the trial, the chambering
student assisted the first plaintiff by passing notes to the defendant and the judge. The
presence of the second plaintiff was not known to the first defendant. When the
defendants asked the judge to enquire on who the second plaintiff was, the pupil
explained that he was a clerk at the office. The judge then asked the pupil to vacate the
bar table. Upon further enquiries made by the defendant, it was later found out that in
the in the Bar Council record, the clerk is said to be pupil in chamber and when it was
enquire to plaintiff’s firm, it was founded that the pupil is not working for the firm
representing the plaintiff but only assist the firm from time to time. The defendant then
wrote an impugned letter stating that the second plaintiff have misled the court but it
was then counter back under defamation and libel by the plaintiffs. The high court
decided the case in the plaintiff’s favor however in the court of appeal, the judge held
that the defence of justification must prevail and that the appellants to be awarded with
cost and repayment from the plaintiff on the amount of money that has been paid for the
defamation case won in High Court.

30
Legal Profession Act 1976
31
Ibid
32
[2011] 1 CLJ 460

12
2.2.7 APPLICATION OF ISSUE 2

Applying to the issue, Ali is considered as an unauthorised person under Section

12 of the Legal Profession Act 1976 as he is still in his pupilage and has not yet been
called to the bar. Ali was also asked by a lawyer from another firm and not his master
which is also wrong as it is against Section 12. The act can still be acceptable if it is
done on behalf of his master as his master may write a letter and request to the judge
for Ali to represent his client on the master’s behalf beforehand, however, he is acting
on behalf of another lawyer. This is similar to the case of S Ashok Kandiah & Anor v.
Dato’ Yalumallai Muthusamy & Anor [2011] where the chambering student, sat in the
bar table to assist the first plaintiff that is not even his master. Despite he managed to
get the adjournment, the adjournment is however invalid as Ali has misled the court and
the defendant has rights to write an impugned letter to be sent to the Session Court
Judge.

2.2.8 CONCLUSION OF ISSUE 2

In conclusion, Ali cannot act on behalf of another lawyer application for

adjournment before his long call proceeding as it is against Section 12 of the Legal
Profession Act.

2.3 CONCLUSION

In conclusion, pupilage is an important procedure that must be go through by

each graduates to ensure that they are qualified in the eyes of the law. Despite the
hardship, the procedure will show that it is not easy for an individual to practice in the
legal profession. It is important for each individual to abide to the right procedure when
performing their pupilage to avoid them from failing the course.

13
3.0 QUESTION 2: PART 2

Explain extensively the rules and the process regarding pupillage as laid down pursuant
to the Legal Profession Act 1976 and the relevant rules made by the Bar Council under
section 77 of the LPA. Support your answers with the relevant case law whenever
applicable.

3.1 INTRODUCTION

A skilled advocate and solicitor have a practical working knowledge of the

portions of the law with which his profession is most usually concerned, but he also
needs to know where to look for answers to the problems that his client's difficulty raises.
A large part of his job entails accurately diagnosing the questions that come from the
circumstance brought to him by his client, as well as conducting the necessary research
to find answers.

3.2 CONTENT

Pupillage is intended to provide students with an opportunity to become familiar

with the work of advocate and solicitor before they begin practicing. Although law school
graduates have a basic understanding of substantive and adjective law, defenders or
lawyers are more concerned with legal practise than scholarly research on the subject.
An advocate's and a solicitor's profession have a very wide range. He must be familiar
with the law or know where to look for it. Nobody can possibly know everything there is
to know about law.

Furthermore, pupillage is intended to be full-time, and a pupil may not hold any
office or engage in any occupation of any sort, whether full-time or otherwise, during
pupillage without special permission from the Council in writing. A student works under
the supervision and direction of his master. The master's responsibility is to ensure that
the pupil receives instruction or experience in the typical type of work that an advocate
and solicitor performs, as well as the opportunity to learn about the laws and general
rules of practise and procedure that apply to the legal profession in Malaysia.

14
 Part 11 of the Legal Profession Act 1976 lays forth the requirements for
becoming an advocate or solicitor where a qualified person must serve a period of
pupillage under Section 12 of the Legal Profession Act 1976.33 The required term is
nine months, however in certain circumstances specified in Section 13 of the Legal
Profession Act 1976, the Bar Council may exempt qualified persons from any period of
pupillage up to six months. The pupillage is served with a master who must have been
an advocate and solicitor for at least seven years prior to the pupillage's start date. A
pupil may serve various masters for different periods of the pupillage period with the
agreement of the Council.

In the case of M Samantha Murthi V. The Attorney-General & Ors [1982] CLJ
Rep 213, although the Act does not apply to Sabah and Sarawak, the court concluded
that because the word Malaysia in Section 13(1) of the Legal Profession Act 1976 is
not defined by the act, it should be given its ordinary meaning to encompass Sarawak.
Even though Mr. Reddy does not have a practicing certificate under the act, he is an
advocate and solicitor as long as he has been "accepted and enrolled," because there
is nothing in Section 3 of the Legal Profession Act 1976 that says a practicing
certificate is required to be an advocate or solicitor. In Section 13(1) of the Legal
Profession Act 1976, the word "Malaysia" must be interpreted to encompass any "part
of Malaysia". Mr. Reddy is undeniably active in Sarawak, Malaysia and has been for
some time.34

In another case of Malaysian Bar & Anor V. Government of Malaysia [1987]

CLJ Rep 185, the court determined that the 7-year classification in Section 46A(1)(a)
of the Legal Profession Act 1976 is intended to guarantee that lawyers have
appropriate professional experience and are conversant with various Bar issues before
serving on the governing bodies of the legal profession. As a result, the seven-year
classification is a realistic and allowable criterion. The 7-year classification has a link to

33
Legal Profession Act 1976
34
[1982]CLJ Rep 213

15
the goal of the Legal Profession Act as amended. As a result, the seven-year
classification is lawful and legal.35

Once the individual has completed his or her pupillage, the Registrar may issue
an Order of Admission on the Petition and the next step is to get a Practising Certificate.
The procedure is outlined in Section 29 of the Legal Profession Act 1976. Thus, The
Bar Council must issue a Sijil Annual as a prerequisite to getting the Practising
Certificate. The procedure is outlined in Sections 32 to 34 of the Legal Profession
Act 1976.36

Furthermore, some of the relevant rules made by the Bar Council regarding
pupillage can be seen in Chapter 10 of the Bar Council Rules and Rulings which
sets out the rules for an individual undergoing pupillage. Rule 10.01 states that only a
qualified person may commence his or her pupilage notwithstanding the spouse, child,
sibling or parent of an advocate and solicitor may serve his or her master. Rule 10.02
explains the relationship of Master and Pupil where a master may not have more than 2
pupils at any one time and must ensure that he or she has a valid practicing certificate
throughout the chambering period. In terms of place of undergoing pupillage, Rule
10.03 states that the office or chambers in which a pupil undergoes his or her period of
pupillage must be the main premises at which the master practices. In regards of duties
and obligations of a master towards their pupil, Rule 10.04 states that it is the master’s
duty to arrange for an advocate and solicitor of more than 7 years’ standing to move the
pupil’s call to the bar and the master shall ensure that his or her pupil strictly follows the
Open Court attire during the moving of pupil in front of the presiding judge. Lastly, right
of audience for a pupil upon being granted a privilege of restricted audience under
Section 36 of the Legal Profession Act 1976 must identify himself or herself as a
pupil while exercising such privilege, and any court order obtained by such pupil shall
describe him or her as a pupil. To further illustrates this rule, the case of Re Bar
Council of Malaysia [1989] 3 MLJ 379 where it was held that the effect of Section
36(2)(b) of the Legal Profession Act 1976 was that, at the expiration of three months,

35
[1987]CLJ Rep 185
36
Legal Profession Act 1976

16
a pupil may appear to conduct any cause or matter in the chambers of the High Court or
in chambers in the sessions courts or the magistrates' courts; and in open court before
any magistrate.

3.3 CONCLUSION

In summary, the rules and the process regarding pupillage can be seen
extensively within the Legal Profession Act 1976 and Bar Council rules and rulings. So
and so, it can be considered comprehensive as the scope of pupillage has been well
catered within the acts and rules, this can be seen in Part 11 of the Legal Profession
Act 1976 which lays forth the requirements for becoming an advocate or solicitor and
Chapter 10 in the Bar Council rules and rulings regarding pupillage. It is also worth
pointing out on decided cases that widened the interpretation of the scope of pupilage
which makes the rules and process regarding pupillage well comprehensive.

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 BIBLIOGRAPHY

Bar Council Rules and Rulings

Britannica Dictionary, “Legal Ethics”, retrieved from

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David Abraham Samson Paul v Syed Shahir Bin Syed Mohamud (Suing In His Capacity
As The President Of The Malaysian Trades Union Congress) & Ors [2012] 6 Mlj 68;
[2012] Mlju 350; [2012] 1 Lns 331; [2012] 3 Amr 690

Legal Profession Act 1976

Legal Profession (Practice and Etiquette) Rules 1978

M Samantha Murthi V. The Attorney-General & Ors [1982] CLJ Rep 213

Malaysian Bar & Anor V. Government of Malaysia [1987] CLJ Rep 185

Official Website of Malaysian Bar

Onesmo, O, “The Concept of Legal Ethics and The Most Common Breaches of Ethics in
The Legal Profession”, Academia, retrieved from
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Re Bar Council of Malaysia [1989] 3 MLJ 379

Rondel v Worsley [1967] 3 All ER 993

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S Ashok Kandiah & Anor v. Dato’ Yalumallai Muthusamy & Anor [2011] 1 CLJ 460

Tombling v Universal Bulb Co [1951] 2 TLR 289

USLegal, “Legal Ethics Law and Legal Definition”, retrieved from

<https://definitions.uslegal.com/l/legal-ethics/> accessed on 5 December 2021

Van Zyl CH IV and Visser J "Legal Ethics, Rules of Conduct and the Moral Compass,
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