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Re : Advocacy Training Course on (26th and 27th March 2011)
The above matter refers.
Kindly be informed that the Bar Council will be organising the 2nd Advocacy Training Course (ATC) at at the Kuala Lumpur Court Complex on 26th and 27th March 2011. Kindly refer to the Bar Council Circular No. 052/2011 on the Malaysian Bar Website; the contents of which is self explanatory.
Pursuant to same, the Perak Bar Committee will sponsor the participation fee of RM500.00 per person for 5 young lawyers. The eligible young lawyers are those who are in their first to third years of practice. However the sponsorship will not cover the cost of accommodation and travelling.
Please take note that successful applicants will be required to prepare a report in respect of the said course (ATC). The said report is will be published at the Perak Bar blog. Further, the successful applicant will also be required to serve for one term under either one of the sub-committees.
Kindly submit your names to the Perak Bar Secretariat on or before 18th March 2011. For futher clarification, you may contact the undersigned or the secretariat.
Thank you.
Yours faithfully,
Khairilazwar Khalil
Young Lawyers / Chambering Student Sub-Committee
We often forget that the study of law is vastly different from the practice of law. What we learnt in law school is but only a fraction of what law is in reality. It is no surprise then that the whole body of law cannot be learnt in a lifetime.
Being a fresh young lawyer I can honestly say that my knowledge of the practical workings of law is limited. However, my academic knowledge of law is probably superior to the former. I often chastise myself for not knowing certain legal aspects but quickly remind myself that this is something new to be learnt while practicing as a lawyer. More often than not, these ‘legal’ aspects are more procedural than anything else. These were not taught in law school and can only be learnt during our chambering days and practice.
Another handicap if I may say so that prevails among Malaysians is the unwillingness to ask questions or rather fear of being ridiculed and embarrassed. Similarly chambees and young lawyers may face this situation in their working lives. A simple example is the use of abbreviations and acronyms in our line of work. Terms like MOB, OIT, LA, etc. abound in practice. However, not every young chambee may realise the meaning of these terms. Thus the misuse of these terms is rampant. A senior lawyer once related to me the story of how a chambee prayed for “OIT”, obviously not realizing that the prayer was for “Order in Terms”. This mistake was made because his or her Master had scribbled the words “OIT” without further explanation of what this meant. Similarly this chambee neglected to ask what it meant, or was probably embarrassed to ask the simple question: what the acronym meant. So he or she promptly went to Court and proceeded to “OIT”.
The simple gist of that illustration is this: we need to stop fearing and learn to ask more questions. Of course this is not an invitation to be mollycoddled because some questions can be readily answered by self-research on legislation, journals, internet etc. Maybe once in awhile, just once in awhile, senior lawyers may reflect on their own journey to where they are now and the very fact that they too started off somewhere. Everyone has a starting point but along the way we tend to forget this simple truth. Chambees and young lawyers are just at the beginning of their careers. Mistakes are bound to happen. Of course I am not asking for a simple slap on the wrist when that happens. However, it would be encouraging to know that senior lawyers do empathize with their positions and are ready to lend their advice instead of a gruff retort when questions are asked. The relationship between junior-senior lawyers needs to be strengthened by the willingness of both sides to ask and answer. Hierarchical barriers need to be broken down for a stronger cohesion between all members of the Bar. If anything, at least we can all minimise the risk of “OITs” being littered in our courtrooms.
Although it was a week day, International Women’s Day 2010 drew in a remarkable crowd on opening day Monday 8th. March. The event was jointly organized by Perak Women For Women and Soroptimist International Ipoh, and officiated by YB Dato Hamidah Osman, EXCO Wanita Perak.
Perak Legal Aid Centre along with 14 other Ngos were invited to setup booths to create more awareness to the public. The theme for this year was “Equal Rights Equal Opportunities – Progress For All. Excited crowd thronged the concourse area of Kinta City Shopping Centre daily from 10 a.m to 10.30 p.m. to take advantage of the information from the booths. Twelve chambering students participated in manning the booths during the week long event and there were 45 consultations.
Most visitors were seen moving from booth to booth picking flyers and seeking advise. Bustling with fun and activities, happy shoppers and visitors alike were also seen playing games and taking part in the many interactive events arranged by the organizers. Abuzz with shrieks of excitement were the exciting performances all night long. The week long event ended with a big bang last night 14th March 2010 accompanied with music and entertainment . The organizers thanked all of us for making the event a huge success.
- contributed by M. Gokoolaram Naidu
Well, the International Women's Day, 8th of March, is an occasion marked by women's groups all around the world, where their voices are gathered in a celebratory shout in recognition of the struggles and victories of the women's movement for equality, justice, peace and development. It is also a day to plan for future strategies in eliminating all forms of discrimination against women.
Withholding to this occasion itself, there was this Women’s Day campaign week, held in Kinta City Ipoh ( 8.3.2010 - 14.3.2010 ) where various WOMEN’S groups and NGO’s had taken part in the said campaign by setting up information booths for the public. Nevertheless, the Bar Council Legal Aid Centre (LAC) had also joined-in and opened its information booth at the same location from 10 a.m to 10 p.m for the entire week.
The LAC has taken the opportunity to provide the public with the functions of LAC which are:-
Offer free legal advice, representation and intervention for civil and criminal matter;
Offer assistance in mitigation of sentences, remand proceedings and bail applications; and
Creates awareness and educates the public on their rights.
The week-long campaign was indeed a fruitful one. There were crowds and people had actually approached the LAC’s booth with their problems and seek for legal consultations. This entire campaign has actually got in touch with public particularly the women to understand and overcome the issues affecting them.
As today, the ignorance of the Law is no longer considered a bliss, therefore the LAC has to step forward and provides the people with the equal opportunity for the enforcements of their fundamental right to equality before the law. Hence, I do hope more campaigns akin to this should be conducted more often in near future.
- contributed by a Pupil in Chamber who prefers to remain anonymous
The Perak Bar Committee proffers their heartiest congratulations to Miss Julia Tang on the occasion of her call to the Bar on 3rd August 2009. Miss Julia Tang graduated from Warwick University and was subsequently called to the English Bar by the Inner Temple. She then chambered at Messrs Joseph Tan & Tang under Mr Tang Khai Kit, who had the dual role of mentor and father. Her brother Gavin is also a member of the Malaysian Bar and currently serves on the Perak Bar Committee .
Julia with her master/father Mr Tang Khai Kit
Shan Theivanthiran (who moved Julia's call) and Julia
Note: This article serves as a general overview of the BVC. Although the latter may not directly concern the Perak Bar, it is hoped that it will promote a better understanding of the BVC. After all, being called as a barrister-at-law of England and Wales is one of the ways in which to qualify as an advocate & solicitor in Malaysia (along with other requirements). I sincerely hope that this article will answer any queries. Happy reading.
The BVC is an acronym for the Bar Vocational Course. The BVC is a 32 week course, which is undertaken by those who are on the route to qualifying as barristers-at-law of England and Wales. After passing this course, students are then called to the Bar and admitted as barristers. However, be forewarned that this is simply an empty title because we cannot hold ourselves out as barristers. After passing the Course and being admitted as barristers, there is a compulsory 12 month pupillage period. Only after successful completion and certification can we proudly call ourselves barristers-at-law of England and Wales. Students have 5 years from when they are called to the Bar in which to obtain pupillage. This is unlike the Malaysian Bar where persons are only admitted after the successful completion of a 9 month chambering period. Thus admittance is only after completion of all requisite requirements.
Where do you study the BVC? Contrary to popular belief that students study at one of the Inns of Court – Gray’s Inn, Inner Temple, Lincoln’s Inn & Middle Temple – we actually physically study at one of the ten qualified institutions i.e. University of Nottingham, University of the West of England (Bristol), The College of Law (Birmingham & London), The City Law School (London) etc. The Inns of Court act more as a support system that provides training and supplementary education. They are also where students attend the requisite twelve qualifying sessions, be it in the form of introductory weekends, lectures, dining etc. Dining nights are an excellent time to interact with senior practitioners, which include distinguished QC’s. Furthermore, it is the Inns of Court who are entitled to call their members to the Bar. Therefore, the Inns of Court and qualified institutions work in conjunction with one another to provide the BVC. Most students opt to study in London because the four Inns of Court are located there. Therefore there is less of a hassle to attend qualifying sessions. However, bear in mind that the cost of living in London is sky high whereas areas outside London are relatively cheaper. It all boils down to the individual.
How do you choose which Inns of Court to join? You could adopt the practical method of attending open days, researching articles and asking the opinion of others. Or you could throw caution to the wind and simply choose which coat of arms/badge you like best. Or maybe base your decision on the quality and variety of food served. I hear the latter is quite a popular method among Malaysian students. No surprises there. As for the basis of my decision let’s just say it was a balanced mix of the practical and riskier method. In any case all four Inns of Court provide high quality education and training. In my humble opinion there are no glaring differences.
What is the course content? The key word is ‘vocational’ which means that the BVC is highly practical and less exam-oriented. Assessments are held all year round and that constantly keeps students on their toes. Students are thought to think like legal practitioners. Mock advocacy trials provide excellent training because of its emphasis on recreating a real court system scenario. Students are therefore exposed to the realities and intricacies of being a barrister from very early on. I remember that my very first lesson was actually a mock criminal trial. It was definitely nerve-wracking but in retrospect it was a good way to start the BVC. We had to learn to conquer our doubts and fears. At the end of the BVC, my peers and I could see the vast difference between our initial and final performance; there was a dramatic improvement. Core modules include:
Civil Advocacy
Criminal Advocacy
Client Conferencing
Civil Litigation and Evidence
Criminal Litigation and Sentencing
Drafting
Negotiation
Opinion Writing
Legal Research
Professional Conduct and Ethics
Two optional modules e.g. employment law, family law, alternative dispute resolutions, pro bono, advanced civil litigation etc. (these vary across institutions)
How is the grading system? Students can either pass with a Competent, Very Competent or Outstanding. Modules are graded according to percentages; competent generally means (50-69%), Very Competent (70-84%) and Outstanding (85% and above). There are different weightings for different modules. Overall, according to the Bar Standards Board, in order to gain an “Outstanding” a student must have passed all assessments at the first attempt and must achieve either an overall mark of 85% or above, or six or more grades in the outstanding category. To gain the award of “Very Competent” a student must have failed no more than one assessment at the first attempt and must achieve either an overall mark 70% or eight or more grades in the very competent or outstanding categories. To gain the award of “Competent” a student must pass each assessment subject to the rules governing the opportunity to re-sit.
In my year, out of a total of 60 students, only around half passed all assessments at the first attempt and the rest had to re-sit. Out of the half who passed the first time, three gained an “Outstanding”, four others gained a “Competent” and the rest with “Very Competent”. This goes to show that although it may be quite an uphill task to gain an “Outstanding” (unless you are blessed with an exceptional legal mind), there is no stopping anybody in gaining a “Very Competent” or “Competent” with the right amount of diligence and perseverance. This highlights to an extent the efficacy and quality of the BVC. However, as with anything, there are many criticisms leveled against the BVC. Some of these include the disparity between the number of those admitted to and passing the BVC and the number of pupilages available, admission requirements and the current grading system.
All in all, the BVC is a course with an intense period of study; it is definitely not for the faint-hearted. Students are required to prepare thoroughly for classes and actively contribute during lessons. In addition, our one sole off day in the week is meant for court visits, pro bono work and/or self-study. Also many students work part-time while pursuing the BVC. Imagine the additional stress. Students work hard to achieve a “Very Competent” or “Outstanding” as most chambers only offer a pupillage to the ‘crème de la crème’. However, if I seem to be painting a rather bleak picture of the BVC I do apologise. I have to say that retrospectively I enjoyed every single moment of my BVC; all the ups and downs included. I have no regrets. None at all. I am glad I had the invaluable opportunity to study the BVC and for that I wholeheartedly thank my parents. Thank you so much.
The Perak Bar Young Lawyers (PBYL) did not participate in most ofactivities due to lack of commitment from young lawyers to join the committee and organize events. The young lawyers are too busy to find time to join the committee or maybe they are kept very busy by their boses to find time.
I would like to call upon young lawyers to show some interest in the Perak Bar activities and try to take some time out and participate in our activities. I hope this year the young lawyers will give their full cooperation and join the PBYL and its activities.
Chambering Students
The Chambering students sub committee assisted most of the chambering students with their call papers. Most of the chambering students are still not aware as how to fill up the forms and how to go about filing them. Having said that there were no real problems in getting called to the bar. Howevera High Court Judge did enquire as to why the Short Call papers are served on the Attorney Generals office eventhough there is no provision for it in the Legal Profession Act. The Short answer was that we have been doing it since time memorial. We are in the midst of checking with the Attorney General’s office whether this can be dispensed with.
The Ethics course has changed dramatically since 1997 and most of the chambering students are having problems grasping the same. The course material has also grown in size. I would suggest that the chambering students should get their course material from the Perak Bar as soon as possible and start reading them well before the exam.
I wish all those students who were called to the bar during my tenure as chairman, all the best in their legal professional career and may they live up to the expectations of the profession.
