EPS0317/QB03/SRMK(3)
Bar Council Malaysia
Ethics and Professional Standards Course: Written Assessment
Instructions and terms for the Written Assessment
(1) Please note that this assessment is a mandatory part of the Ethics and Professional Standards
Course.
(2) Please prepare answers to the following five questions, and submit this document back to
saiful@malaysianbar.org.my when you have completed your answers.
(3) Please write your answer in the space provided, and ensure that each answer does not exceed
300 words.
(4) Please note that your answer should not comprise of any plagiarised material / content from
any source, and while you may refer to statutory provisions and cases and materials for the
purposes of writing the answers, if you are found to have plagiarised any material / content,
you will be deemed to have failed the Ethics and Professional Standards course, and may not
be allowed to re-do the course.
(5) Please note that your answer should not be copied from any source (including the work of
other pupils in chambers), and if you are found to have done so, you will be deemed to have
failed the Ethics and Professional Standards course, and may not be allowed to re-do the
course.
(6) Please note that your answers should be written only by you, and not by any third party,
whether for payment or otherwise. If it is discovered that your answers have been written by
a third party, you will be deemed to have failed the Ethics and Professional Standards course,
and may not be allowed to re-do the course.
Please insert your full name and Bar Council Petition Number below. This will be treated as an
acknowledgement that you have read and understood the terms of this assessment.
Name: KOH SHANG TIAN
Petition No: Click here to enter text.
Date: 08/08/2023
Module 1: Role of the Bar: Question 1
“The Bar should not express views on matters that fall within the powers of the Government. They
should just concern themselves with regulating the profession and not get involved with politics.”
Discuss this statement.
Actually this statement arose due to The Malaysian Bar’s Walk for Justice 2007, whereby other
people are accusing the insensitivity and organizing a forum to discuss the solutions to a very
practical problems for the jurisdictional conflict and this had raised a public outcry. This criticism
start when one Minister suggested the Bar Council to be the opposing party and therefore the
people starts telling the Bar should have just focus with concentrating the things related to their
profession and not getting involved with the politics.
Module 2: Professional Ethics: Question 2
1
EPS0317/QB03/SRMK(3)
You are instructed to prepare a sale and purchase agreement for a terrace house in Cheras. You are
told that the price of the property is RM350,000, but that you should state in the purchase
agreement that the sale price is RM400,000.
Your client says that he plans to show the sale agreement to the Bank to justify a larger loan, if the
value of the property is stated to be higher than it actually is.
Discuss what legal and ethical obligations arise from these instructions and how you would handle
the matter.
Module 3: Duty to and in Court: Question 3
Discuss the types of contempt and the situations under which each type of contempt arises? What
procedural safeguards are in place before one may be punished for contempt?
Module 4: Solicitors Accounts and Undertakings: Question 4
Solicitor C is in receipt of two cheques from Solicitor D, one current-dated, and the other post-dated.
Solicitor D’s covering letter that came with the cheques states that the cheques are forwarded
subject to Solicitor C’s undertaking not to release the same to Solicitor C’s client, Mr. X, until Mr. X
delivers certain documents to Solicitor D’s client.
Solicitor C does not agree with the undertaking imposed, and writes to Solicitor D objecting to the
same. Solicitor C proceeds to release the current-dated cheque to Mr X.
A clerk of the firm inadvertently includes the post-dated cheque as well, and both cheques are
delivered to Mr. X. Mr. X does not deliver the requisite documents to Solicitor D’s client.
Solicitor D demands the return of the cheques. Solicitor C informs Solicitor D that he has recorded
his objection to the undertaking in relation to the cheques aforesaid, and in any event, is unable to
return the cheques as he is unable to retrieve the same from his client.
Is Solicitor C bound by the undertaking? Give reasons for your answer.
Module 5: Duty to Client: Question 5
In addition to the contractual duty and the common law duty of care, an Advocate and Solicitor also
owes the client a fiduciary duty. Explain what these fiduciary duties entail.
