Tutorial 4 – week 5

Topic 1- Opening and Managing Legal firm

Topic 2 – Duties of counsel

Question 1

Explain the concept of fused profession in Malaysia and how is it different from the UK legal
Profession.

Introduction:

The legal landscape in any jurisdiction is fundamental to the administration of justice and the
provision of legal services. The organizational structure of legal professions varies globally, with
distinctions between fused and bifurcated models. This essay delves into the concept of fused
legal professions, examining its absence in Malaysia and the evolving legal landscape in the
United Kingdom.

Fused Legal Professions:

A fused legal profession represents a departure from the traditional separation of barristers and
solicitors, allowing legal practitioners to engage in both advocacy and solicitorial work. This
integrated model aims to provide clients with a comprehensive range of legal services,
encompassing representation in court and advisory roles. The approach stands in contrast to the
bifurcated system where distinct professional roles are maintained.

Malaysian Legal Profession:

As of my last knowledge update in January 2022, Malaysia adheres to a bifurcated legal

profession. The division is evident between advocates, commonly referred to as barristers, and
solicitors. Advocates specialize in courtroom advocacy, representing clients in legal proceedings,
while solicitors focus on non-contentious matters such as legal advice, contract drafting, and
transactional work. The Malaysian Bar Council oversees the regulation of the legal profession,
with the Legal Profession Act delineating the responsibilities and functions of advocates and
solicitors.

United Kingdom Legal Profession:

Historically, the United Kingdom maintained a strict separation between barristers and solicitors.
Barristers were responsible for courtroom advocacy, presenting cases in court, while solicitors
handled advisory work, document preparation, and transactions. However, the legal landscape in
the UK underwent significant changes with the enactment of the Legal Services Act 2007.

The Legal Services Act 2007 introduced a more flexible approach to legal practice in the UK. It
facilitated the creation of alternative business structures, allowing non-lawyers to have
ownership interests in law firms. The overarching goal was to enhance competition, increase
access to legal services, and stimulate innovation within the legal profession. Consequently, the
legal services market in the UK experienced a shift toward a more integrated and collaborative
model. Multidisciplinary practices emerged, offering a broader spectrum of legal services to
clients.

Comparative Analysis:

In comparing Malaysia and the United Kingdom, the absence of a fused legal profession in
Malaysia reflects a commitment to a traditional model. The bifurcated system provides clarity in
professional roles but may limit the flexibility of legal practitioners to seamlessly engage in both
advocacy and selectorial work.

Conversely, the evolution of the legal profession in the United Kingdom demonstrates a
willingness to adapt to changing societal needs. The Legal Services Act 2007 signifies a
departure from rigid professional distinctions, encouraging collaboration between barristers and
solicitors. The ensuing integration has paved the way for innovative legal service delivery,
meeting the demands of a dynamic legal landscape.
Conclusion:

In conclusion, the concept of fused legal professions embodies adaptability and client-centric
service delivery. While Malaysia maintains a bifurcated legal profession, the United Kingdom
has embraced a more integrated approach through legislative changes. The ongoing evolution of
legal systems underscores the importance of responsiveness to societal shifts and the dynamic
nature of legal practice. To access the most current and specific information, it is recommended
to consult recent legal publications, government sources, and relevant legal databases.