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.

1.2          Pupils should also be familiar with the constitution, functions and procedure of the Disciplinary Board established under the Act.  The Board has jurisdiction to discipline pupils for misconduct. A set of sample forms are also included for use by pupils. While every effort has been made to ensure that the contents are accurate, the Committee does not assume any responsibility for any error or omission.

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 "Long Call" i.e. after the completion of pupillage. BORANG 3, BORANG 4 and BORANG 5 are for the "Short Call".

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. 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.

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 "Long Call" 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.

13.       BAHASA MALAYSIA QUALIFYING EXAMINATION

13.1       The Qualifying Board will grant exemption to pupils who have obtained a credit in the SPM or its equivalent.

13.2       Those who do not qualify for exemption are advised to apply to the Board to sit for the Examination immediately to avoid their "Long Call" being delayed.

13.3       Pupils are advised to study carefully the Bahasa Malaysia version of the rules of Court.

14.       COMPULSORY ETHICS LECTURE PROGRAMME

14.1       Pupils are required to attend a Compulsory Ethics Lecture Programme organised by the Bar Council. A Certificate will be issued by the Bar Council to every pupil who has satisfactorily completed the course. For further details on the programme, contact the Bar Council.

14.2       Pupil master is required to certify in his/her Certificate of Diligence (Sijil Kerajinan) that his/her pupil has satisfactorily completed the Compulsory Ethics Lecture Programme. The Certificate issued by the Bar Council is to be annexed to the Master's Certificate of Diligence when filing the "Long Call" papers.

14.3       For a pupil with more than one Master, it is not necessary for the earlier Masters to certify that the pupil has satisfactorily completed the Compulsory Ethics Lecture Programme if at the time of the issuance of the Certificate of Diligence the pupil has yet to attend the Programme. However, it must be noted that paragraph 3 of the Certificate of Diligence of the Masters concerned must not be deleted in full as the Masters are required to certify that the pupil has received instructions and gained experience in the law. The first limb of paragraph 3 i.e. "Pempetisyen telah menerima pengajaran dan mendapat pengalaman dalam undang undang" should remain. The second limb may be deleted.

15.       PUPILLAGE AFTER EXPIRY OF PERIOD OF PUPILLAGE

15.1          A pupil may continue to attend his/her Master's office after the expiry of his/her official period of pupillage i.e. nine (9) months but he/she ceases to be a pupil at the end of the said period and, therefore, would not have the privilege to appear in Court for his/her Master or his/her Master's firm. Pupils should refrain from attending Courts on behalf of the Master's firm after the expiry of the pupillage.

16.       CALCULATION OF PERIOD OF PUPILLAGE AND PREPARATION OF CALL PAPERS

16.1       Pupillage commences on the date of filing of Petition and the period of pupillage is calculated as follows:

·                    If Petition is filed on 1/4/95 pupillage should end on 1/1/96 and NOT 31/12/95.

16.2       The Affidavit for Call (i.e. BORANG 6 referred to in sub-paragraph 3 of no. 1(1.1) on page 1) should be affirmed and Call papers must be filed at the earliest one day after the expiry of the period of pupillage. The Master's Certificate of Diligence too should only be signed one day after the completion of the period of pupillage. A Notice of Hearing and a Certificate of Documents should be filed together with the Affidavit for Call. See SET OUT IN THE LIST OF SPECIMENS "F" AND "G" ARE SAMPLES OF THE NOTICE OF HEARING AND CERTIFICATE OF DOCUMENTS RESPECTIVELY.

16.3       Check the Call papers i.e. dates, names etc and serve completely filled documents on all parties.

16.4       Common mistakes made in "Long Call" papers are:

·                    Citing wrong or irrelevant sections - this could be avoided by using the forms printed by the Bar Council;

·                    The period of pupillage indicated in the Master's Certificate of Diligence does not conform with the period indicated in the pupil's Affidavit;

·                    Masters not certifying in their Certificate of Diligence that their pupils had duly attended the Compulsory Ethics Lecture Programme;

·                    Filling in date of commencement of pupillage instead of name of pupil in paragraph 1 of the Master's Certificate of Diligence;

·                    Pupils with more than one Master not setting out in paragraph 6 of BORANG 6 the specific period of pupillage served under each Master;

·                    Typographical - This could be avoided by using the forms printed by the Bar Council.

16.5       A pupil may choose to have his/her Call heard in another State. In such a case the pupil is required to serve his/her Call papers on the Kuala Lumpur Bar Committee and the State Bar Committee of the State in which the Call is to be heard.

17.       ADMISSION FEE

17.1       Pupils are required to pay to the Bar Council an Admission Fee of RM200.00 towards the Discipline Fund before filing their "Long Call" papers. A copy of the receipt must be produced to the Court when filing the "Long Call" papers.

18.       PUPIL'S TELEPHONE CONTACT NUMBER

18.1       Pupils are advised to leave their telephone contact number with the Secretariat when serving their "Long Call" papers so that they could be reached if their papers are not in order.

19.       STANDING OF REFEREES/PERSONS WHO GIVE THE CERTIFICATE OF GOOD CHARACTER (SIJIL KELAKUAN BAIK)

19.1       Referees/persons who give the Certificate of Good Character of pupils must be professionally qualified or of a similar standing and must know the pupils for more than 5 years.

20.       COUNSEL FOR MOVING CALLS TO THE BAR

20.1       It is the Master's obligation to arrange for Counsel to move the Petition of his/her pupil.

20.2       Pupils are advised to inform the Bar Committee of the names of the Counsel moving their Calls.

21.       CALL DAY

21.1       Petitioners are advised to be in Court for their “Long Call” half an hour before time fully dressed (except the gown) and check against Court's Call list for seating purposes and recording of names of Counsel moving the Petitions.

22.       APPROVAL OF “LONG CALL” ORDERS

22.1       The Order granted in respect of a Petition for Admission, (if prepared beforehand) is normally approved in the Courtroom immediately after the Call by Counsels involved. In cases where the draft Order is not, or cannot be approved, immediately after the Call, the draft Order should be sent to the respective Counsels at his/her address for approval.

22.2        In such a case, the Petitioner is advised to first call the particular representative beforehand and preferably forward the draft Order to him/her with a letter requesting that the Order be approved. Ensure t hat all details are filled in before handing in the draft Order for approval. It is advisable to prepare beforehand and have available the draft Order. See SET OUT IN THE LIST OF SPECIMENS “H” IS A SAMPLE OF THE ORDER.

22.3       Petitioners are advised to always keep their fair “Long Call” Order: copy of the Order is required to be produced each time an application for a Practising Certificate is made.

23.       SERVICE OF "LONG CALL" ORDER

23.1       "Long Call" Order must be filed, extracted and served on the Attorney General's Chambers, Bar Council and State Bar Committee. There is no necessity to file Affidavit of Service for the service of "Long Call" Order.

24.       PHOTOGRAPHS OF NEWLY ADMITTED MEMBERS AND INTERVIEW IN THE PRESS

24.1       The publication of photographs of Petitioners and/or their interviews in the newspapers about their Calls is strictly prohibited. The onus will be on the new lawyers to explain how their photographs and/or interviews appear in any of the newspapers and/or periodicals. Petitioners are to adhere strictly to Rules 46, 47 and 48 of the Practice & Etiquette Rules and must not take advantage of their happy occasion to gain undue publicity. These rules are binding unless the Bar Council amends the rules to permit publicity.

25.       COURT ATTIRE FOR LAWYERS

25.1            For open Court matters in the High Court

§                     For men: robe, a dark (preferably black) jacket, dark trousers, white or light pastel shirt with a clean stiff wing collar, bands and dark shoes. Striped trousers accepted.

§                     For ladies: robe, a dark (preferably black) jacket, white long-sleeved, high-necked blouse, bands, black/dark skirt or dark trousers, black/dark court shoes. Those wearing their respective national dress should as far as possible, conform with the above colour code.

Note: Coloured turbans for Sikhs is allowed.

25.2       For chamber matters in High Court and before Subordinate Courts

It is recommended that the above open Court basic attire be observed. Ties for men and scarves for ladies should be of sober colours.

25.3       Lady lawyers kindly note the following:

·                    Skirt length: Below the knee. No mini or micro or overly tight-fitting skirt allowed.

·                    Patterned attire: No floral or any patterned print allowed.

·                    Jewellery/accessories: The minimum and as unobtrusive and sparing as possible. Avoid large, long, chunky, colourful accessories.

·                    Make-up: Sparing.