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7. BREAK IN PERIOD OF PUPILLAGE
 
7.1 Pupillage should be continuous without any break. Should any break occur, pupils are required to seek the leave of the Bar Council.
7.2 Any approval of the Bar Council for any break must be notified to the Bar Committee, the Attorney General's Chambers and the Court.
 
8. EXEMPTION FROM SERVING THE FULL PERIOD OF PUPILLAGE
 
8.1 Pupils who have been granted exemption by the Bar Council to serve any part of their pupillage are advised to notify the Bar Committee, the Attorney General's Chambers and the Court of such exemption.
 
9. GAINFUL EMPLOYMENT
 
9.1 Pupils who hold any office or engage in any employment of any kind, whether full-time or otherwise, must obtain the special leave of the Bar Council in writing.
 
10. APPLICATION UNDER SECTION 36(2) LPA COMMONLY KNOWN AS "SHORT CALL APPLICATION"
 
10.1 Applications for "Short Call" are made by Masters and should only be made after the Petitions for Admission are filed.
10.2 Pupils cannot appear in Court in respect of any matter until the "Short Call" Order has been granted by the Court.
10.3

It has been reported that some pupils, whether inadvertently or otherwise, are abusing the privilege of audience conferred by S36(2) of the Legal Profession Act 1976. Some instances of the reported abuses are:

  • mentioning for an Advocate and Solicitor other than the Master or a member of the Master's firm;
  • taking Judgments in open Court in the Sessions Courts;
  • representing or holding out as duly admitted Advocates and Solicitors.
10.4 The Bar Committee takes a serious view of these breaches. Pupils are reminded that they should act within the terms of section 36(2) of the Act and of any orders made thereunder. Any breach of section 36(2) or of such orders would render the pupils concerned liable to disciplinary proceedings. Pupil Masters must ensure that their pupils observe these provisions of the Act and of the orders. Pupils should, whenever appearing in Court or in Chambers, inform the Court of their status as pupils. The Legal Profession Committee of the Bar Council has made a ruling to this effect. The Bar Committee would not hesitate to initiate disciplinary proceedings against pupils who contravene the provisions of the Act, the orders under section 36(2) or the rulings of the Bar Council. The Committee hopes that all pupils would prepare themselves to begin, and continue, their career at the Bar on the right footing and in compliance with the provisions of the Legal Profession Act.
10.5

It has been noted that about 80% of the "Short Call" applications contained mistakes. The common mistakes are:

  • citing wrong or irrelevant Sections of the LPA;
  • omitting to mention that the Order is to permit the pupil to appear for his/her Master or his/her Master's firm;
  • using the word " kuasa" instead of "kausa".

These mistakes could be avoided by using the forms printed by the Bar Council.

10.6 Under a recent Bar Council decision, pupils have no locus standi in either the Industrial or the Syariah Court.
 
11. CHANGE OF MASTERS AND VARIATION OF "SHORT CALL" ORDER
 
11.1 Pupils may with the consent of the Bar Council serve different periods of their pupillage under different Masters. Any such change of Masters must be notified to the Bar Committee, the Attorney General's Chambers and the Court. The Court requires a Notice of Change of Master to be filed. See SET OUT IN THE LIST OF SPECIMENS "B" IS A SAMPLE OF THE NOTICE OF CHANGE OF MASTER
11.2 A pupil who serves different parts of his/her pupillage in different States is required to serve on the State Bar Committee of the State in which the pupillage is being served, a copy of the initial Petition and Notice at the time of the change of Master. At the completion of the period of pupillage, the pupil is required to serve his/her Admission to the Bar papers on the Attorney General, the Bar Council, and each and every State Bar Committee of the State in which he/she has served any part of his/her period of pupillage.

11.3

A new Master would have to apply for a new "Short Call" Order if the pupil is to attend Court for him/her or his/her firm. A variation may be allowed if a first Order has been granted. See SET OUT IN THE LIST OF SPECIMENS "C" AND "D" ARE SAMPLES OF THE VARIATION APPLICATIONS.

  • FOR THOSE WHOSE (3) MONTHS FROM THE DATE OF THE FIRST ORDER HAVE YET TO EXPIRE, USE SPECIMEN "C".
  • FOR THOSE WHOSE (3) MONTHS FROM THE DATE OF THE FIRST ORDER HAD EXPIRED, USE SPECIMEN "D".
  • SET OUT IN THE LIST OF SPECIMENS "E" AND "E1" ARE SAMPLES OF THE SUPPORTING AFFIDAVITS.
12. SERVICE OF "SHORT CALL" ORDER
 
12.1 "Short Call" Order must be filed, extracted and served on the Bar Council and State Bar Committee. There is no necessity to file Affidavit of Service for the service of "Short Call" Order. See SET OUT IN THE LIST OF SPECIMENS "A" IS A SAMPLE OF THE "SHORT CALL" ORDER.
 
 
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