GLUPK4103 PROFESSIONAL ETHICS & OFFICE MANAGEMENT FIRM 16
UNIVERSITI UTARA MALAYSIA
COLLEGE OF LAW, GOVERNMENT & INTERNATIONAL STUDIES
SCHOOL OF LAW
FIRST SEMESTER 2024/2025 (A241)
GLUPK4103 PROFESSIONAL ETHICS & OFFICE
MANAGEMENT (GROUP B)
ASSIGNMENT 1: QUESTIONS & ANSWERS
PREPARED BY: FIRM 16 (SOO & NUR ADVOCATES AND SOLICITORS)
NUR SALIHAH NUR NAZIRAH
BINTI ZOL BINTI HISHAM
KAHAR
284314 287851
SOO TONG ZULZAFRAN ZAHIN
JIANG BIN ZUKIFLI
288551 288639
PREPARED FOR: SIR ABDUL HADI BIN AHMAD
DATE OF SUBMISSION: 24TH NOVEMBER 2024
GLUPK4103 PROFESSIONAL ETHICS & OFFICE MANAGEMENT FIRM 16
Procedure for Admission as an
Advocate & Solicitor in Malaysia
Qualification Requirements
Section 11 of Legal Profession Act 1976
A qualified person may be admitted if they meet the following conditions:
Good
Age Character Pupillage
completed the
Must be at least No criminal convictions, required period of
18 years old particularly for fraud or
pupillage
dishonesty.
Not bankrupt or involved
in bankruptcy
Citizenship/ misconduct. Additional
Residency No acts
disbarment,
warranting Requirement (After
disqualification, or 1 January 1984)
suspension as a
barrister/solicitor in
England. Must pass or be
Must be a Malaysian
Not disbarred or exempted from the
citizen or permanent
disqualified as a legal Bahasa Malaysia
resident.
practitioner in any Qualifying Examination
country.
SECTION 3 OF LEGAL PROFESSION ACT 1976
Qualified Person
Passed the final examination for a Bachelor of Laws from
specified Malaysian or Singaporean universities.
Qualified as a barrister-at-law in England.
Obtained a qualification recognized by the Legal Profession
Qualifying Board (LPQB).
Pupillage Period (Chambering)
SECTION 12 LPA
Duration of Pupillage
The standard period of pupillage is
Pupil: A qualified person nine months
undergoing pupillage.
Master: The lawyer with
whom the pupil serves during
pupillage. Restrictions During
Pupillage
A pupil cannot take
A pupil can receive on any job or office,
remuneration full-time or part-
(payment) from time, without
their master special written
despite this permission from
restriction. the Bar Council.
Petition for Admission
Section 14 LPA
Inquiries by the Conduct or arrange a full inquiry into the petitioner’s character.
Bar Council Submit a confidential report to the Chief Justice before the hearing.
If the petitioner served pupillage in multiple states:
State Bar Committees in those states will also conduct
Inquiries by
character inquiries.
State Bar
Their reports are sent to the Chief Justice, with comments from
Committee
the Bar Council if necessary
Direct the report to be filed in Court and a copy served to the
petitioner.
Unfavourable
Allow the report to be considered during the petition hearing, subject
Reports
to court directions.
Privilege of All reports and communications under this section are absolutely
Reports privileged, meaning they cannot be used for defamation claims or
other legal actions.
GLUPK4103 PROFESSIONAL ETHICS & OFFICE MANAGEMENT FIRM 16
Filing of Supporting Documents
Section 15 of Legal Profession Act 1976
Who Does Application Documents Required
(File at Least 14 Days
This Apply To? Process Before Hearing)
Proof of qualification
Character References
Anyone applying to be Must file a petition to Pupillage Certificate
admitted and enrolled the Court, verified by
as an advocate and an affidavit. Training Certificates
solicitor.
Citizenship/Residency
Form and Submission Requirement Proof
Bahasa Malaysia
Form 1 Form 2 Qualification
notice
The petition
Copy of Birth Certificate
Copy of Identity Card
Copy of Degree or
Affidavit Certificate in Legal
Practice (CLP) The petition, affidavit, and
Master’s Profile notice must be filed
separately with the required
Only Form 3 should be filed as a fees. Non-compliance will
Summons in Chambers. Filing as an
Form 3 originating summons will lead to
lead to document rejection,
requiring refiling.
rejection.
Affidavit Notice of Certificate of
form 4, form 5, form 6 Hearing Document Verification
Notice of
Notices must be posted at all High Courts for three months
Petition before admission and enrollment.
Verification of Original Documents
Section 16 of Legal Profession Act 1976
A copy of the petition, affidavit, and all supporting documents must be
served on:
The Attorney General.
The Bar Council.
The State Bar Committee where any part of pupillage was served.
Service must be done within 7 days of filing and at least 10 days before the
hearing (or a shorter period if the Court allows).
If the Attorney General, Bar Council, or State Bar
Committee intends to object:
Serve the notice of objection on the petitioner
Objection
and file it at the Registrar’s Office.
Process
Ensure it is filed at least 3 clear days before the
hearing.
State the grounds of objection briefly in the
notice.
If a notice of objection is filed:
After Hearing
The petition will be fixed for a hearing within one
Objection
month or as soon as possible before a High Court
Judge.
The Court will not issue an
The Attorney General,
Representation Bar Council, or State Bar order on the petition
unless satisfied that the
and Court Committee need not
petition, affidavit, and
Orders attend the hearing
documents were properly
unless objecting.
served.
GLUPK4103 PROFESSIONAL ETHICS & OFFICE MANAGEMENT FIRM 16
Admission Hearing
1
Mover’s Speech
The senior advocate (mover) introduces the applicant to the judge and presents the
petition.
The speech includes:
The applicant's educational qualifications (e.g., university degree, Certificate in
Legal Practice).
Details of the 9-month pupillage (e.g., pupil master's name, areas of practice).
Confirmation of the applicant's good character and fitness to practice law.
2
Confirmation by Bar Council and AGC
Representative
These representatives confirm to the court that:
The applicant has complied with all statutory requirements.
There are no pending disciplinary actions, criminal records, or
objections.
3
Objections (if any)
If there are objections, they must be addressed and resolved
during the hearing.
Common objections include:
a. Failure to complete any requirements under the LPA 1976.
b. Concerns regarding the applicant's character or conduct.
4
Judge’s Decision
If satisfied, the judge issues an Order of Admission,
officially granting the applicant the right to practice as an
advocate and solicitor.
Section 28 of Legal Profession Act 1976
Order of Entry Fee and Admission Instrument
Names are Pay the prescribed fee.
entered on the Receive an instrument of admission
Roll in the order of signed by the Chief Justice or the
their admission admitting Judge.
date
Verification of Original Documents
Section 29 of Legal Profession Act 1976
Yearly Declaration Documents to Submit
Requirement The declaration must include:
Full name, practice name,
Advocates and solicitors
and addresses of their
must submit an annual
practice in Malaysia.
declaration to the Registrar
The last Sijil Annual or a
before practicing.
true copy of it (issued by the
Bar Council).
The prescribed fee.
Issuance of Practising
Certificate
The Registrar will issue a
Expiry or Suspension of
practising certificate if: Practising Certificate
The documents are in order. The certificate expires immediately
The firm's name is listed in if:
the register under Section The advocate's name is removed
85(1). or struck off the Roll.
Certificates are valid from the They are declared bankrupt,
date of issue until the end of unless reinstated by Bar Council
the calendar year. consent.
These events must be recorded
in the Register of Practitioners.
