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The Malaysian Bar KL Legal Aid Centre
 

     
1. ABOUT PUPILLAGE
 
1.1 The Committee has endeavoured to collect together a miscellany of information, mattes and details about, concerning and relating to pupillage. However, this does not dispense with the necessity, at all times for pupils to consult:
 
  • The Legal Profession Act, 1976 and the rules made thereunder;
  • The Guide to Pupillage (issued by the Bar Council);
  • The Rulings of the Bar Council.
2. PETITION AND DOCUMENTS RELEVANT THERETO
 
2.1 There is a need to ensure the accuracy of the contents of all forms and documents filed in relation to pupils' Petitions for Admission as an Advocate & Solicitor. Petitions must conform to the forms prescribed under the LPA. To ensure this, pupils are advised to use the printed forms available from the Bar Council Secretariat at RM5.00 per set. The printed forms consist of eight (8) "BORANG". BORANG 1 and BORANG 2 are intended to be filed first. BORANG 6, BORANG 7 and BORANG 8 are intended to be filed for the Admission to the Bar i.e. after the completion of pupillage. BORANG 3, BORANG 4 and BORANG 5 are for the Admission to the Bar.
2.2 When filing BORANG 1, pupils must annex to it a copy of their birth certificate, identity card and degree certificates. These documents must be certified true copies of the originals by a SENIOR ASSISTANT REGISTRAR or an ADVOCATE AND SOLICITOR who is NOT your Master. The date of the Petition must be the same as or precede the date of affirmation of the Affidavit to the Petition. Full particulars of qualification entitling the pupil to admission must be set out in paragraph 4 of BORANG 1. Pupils must sign both the Petition and the Affidavit to the Petition.

2.3

In view of the directive from the Court that all Affidavits must state the Place of Residence of the Deponents, the Committee has been requested to advise all pupils to include their Residential Address in BORANG 5 (Pupil's Affidavit in support of Application under S36(2)(a) and (b) LPA 1976) and their Master's Residential Address in BORANG 4 (Master's Affidavit in support of Application under S36(2)(a) and (b) LPA 1976). The Residential Address is to be included in the opening paragraph of the respective borangs. Addresses of Petitioners indicated in BORANG 1 (Petition), BORANG 2 (Notice) and BORANG 6 (Pupil's Affidavit in support of Application for Admission under S10 and 15 LPA 1976) too must be their Residential Address.

2.4

Pupils are required to prepare five (5) sets of each and every form and document filed in relation to their Petition for Admission. The five (5) sets are for the use of the Court and of the relevant parties as follows:

  • Court
  • Attorney General
  • Bar Council
  • State Bar Committee
  • Pupil's Service copy

After having filed and extracted the BORANG 1 and BORANG 2, pupils are required to submit to the Court 32 photocopies of BORANG 2 (i.e. the Notice of Petition) for the purpose of posting. The Court has advised pupils NOT to submit the 32 copies of BORANG 2 at the time of the filing of the Petition and the Notice but to make photocopies of the Notice after the Petition has been registered and a number allotted by the Court. This is to avoid having to correct each and every copy of the 32 borangs if there are errors in it.

2.5 The attention of pupils is drawn to the need to peruse and check all documents before and after filing. Pupils are advised to treat all documents as they would any document filed in Court in respect of any legal matter. Please ascertain that names (must follow name as appeared in the IC), IC nos., dates and all relevant particulars are correct and in order. Pupils must also ascertain the Enclosure Numbers of each document before service on the relevant parties. Documents served on all relevant parties must be complete with all such particulars as there have been many instances of documents being left blank or material particulars being omitted.
2.6 Errors and/or omissions in the Petition can only be corrected by an application to the Court by way of Summons in Chambers.
 
3. POSTING OF NOTICE OF PETITION FOR ADMISSION
 
3.1 The posting requirement under Section 15(5) of the Legal Profession Act 1976 is mandatory. The Court does not have inherent power to abridge the time period stated therein (see Pamela Ong Siew Im v Majlis Peguam & 2 Others [1995] 3 AMR pgs 2111-2119).
3.2 All Notices therefore must be posted and continue to be posted at all the High Courts in Malaya for a period of three months from the date of the final posting.
 
4. NUMBER OF PUPILS A MASTER CAN TAKE
 
4.1 Save with the approval of the Bar Council a Master may not take more than two (2) Chambering pupils serving their pupillage under him/her at any one time. If a pupil finds that his/her Master already has two other pupils, he/she should ensure that the Master has the necessary approval.
 
5. QUALIFICATION OF PUPIL MASTER
 
5.1 A pupil Master must be in active practice in Malaysia for a total period of not less than seven (7) years as at the date of the filing of his/her pupil's Petition and must possess a valid Practising Certificate throughout the period of pupillage of his/her pupil.
5.2 The period of pupillage served under a Master who is without a valid Practising Certificate will not be recognised.
5.3 In this respect a pupil is advised to get the relevant declaration form furnished by the Bar Council duly filled up and signed by the pupil Master on the number of years that the pupil Master has at the Bar and the fact that he/she possesses a valid Practising Certificate.
 
6. MASTER AND PUPIL TO BE IN THE SAME FIRM
 
6.1 In case of a firm with branch offices, the pupil must ensure that he or she is undergoing pupillage in the same office where the Master is practising at all times. Pupillage purportedly done under a Master of a firm who practises in another office of his firm will be invalid.
6.2 Furthermore, where the Master goes on leave (maternity, vacation, Haj, Marriage etc), the pupil would have to find another Master. Otherwise any period served under a Master on such leave will not count.
 
 
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