e-Guide

eGuide for Pupils

Click here for the Flowchart on the process for the filing of Admission documents.

* Pupils must be dressed in Court attire i.e. attire which is suitable to conduct matters before a Judge in Chambers when attending the Court Registry.

Filing of Initial Petition for Admission Papers

1. Papers (Borang 1 to 8) may be purchased from the Bar Council Secretariat. Pupils are advised to familiarise themselves with all the Borang. Use the said Borang and not typing out the documents to avoid mistakes.

2. Fill out Borang 1, 2, 3, 4 and 5. Click here for guidelines on filling out the Borang.

3. Documents required to be attached to Borang 1 are Certified True Copies of the pupil’s–

i) NRIC (front and back);
ii) Birth Certificate (front and back);
iii) Bachelor of Laws Degree and CLP or Certificate (as the case may be);
iv) Printout of Master’s details from the Malaysian Bar Website (No CTC required).

These documents may be certified as true copies of the originals by a Senior Assistant Registrar, Deputy Registrar or an Advocate & Solicitor who is not the Pupil Master. At the time of writing, the certification by the Senior Assistant Registrar or Deputy Registrar can be done at the Surat Wakil Kuasa Registry at Level 1 of Kuala Lumpur High Court.

4. If a pupil’s name appearing on his/her Law Degree or CLP/Bar Certificate does not match with the name in his/her NRIC and/or Birth Certificate, he/she is required to swear a Statutory Declaration to verify his/her identity and the said Declaration has to be filed together with Borang 1. Click here for Sample Declaration.

5. E-file Borang 1 and 2. Please note that Borang 1 and the Affidavit are to be filed separately (and separate filing fees must be paid) and not as one document. Further, Borang 1 must be dated before e-filing the same (the date must be the same as the date of the Affidavit verifying the Petition). Please take careful note of this in order to avoid rejection of your papers by the Court.

6. A pupil may e-file his/her Admission papers from his/her Master’s Office if the Master has subscribed for e-filing facilities or the pupil may use the e-filing token of any members of the Bar to e-file.

7. After e-filing Borang 1 and 2, a Petition number will be assigned by the system. There is no extraction for Borang 1 and 2. Upon obtaining the Petition number, fill out a copy of Borang 1 and 2 with the Petition number and serve the completed Borang 1 (including the exhibits) and 2 on the three bodies as below:

(1) Service on the Kuala Lumpur Bar Committee (“KLBC”) – email PDF copies to petition@klbar.org.my. An acknowledgement will be sent via e-mail.

(2) Service on the Malaysian Bar Council – by hand or registered post. If by hand, obtain acknowledgement of receipt (usually by way of “Stamp of Acknowledgement” on your service copy. if by registered post, obtain the tracking receipt of the post as proof of service.

(3) Service on the Attorney-General’s Chambers – by hand or registered post. If by hand, obtain acknowledgement of receipt (usually by way of “Stamp of Acknowledgement” on your service copy. if by registered post, obtain the tracking receipt of the post as proof of service.

8. Make 32 copies of Borang 2 and submit them to the Kuala Lumpur High Court “Petition for Admission Registry” of the Bahagian Rayuan & Kuasa-Kuasa Khas (RKKK) for posting to the various branches of the High Court of Malaya. Pupils must ensure that they record in the register at the said Registry when submitting the 32 copies of their Borang 2. It is advisable, one or two months after the submission of the 32 copies of Borang 2, to check with the Petition for Admission Registry whether the Borang has been sent to the various branches of the High Court of Malaya for posting. If yet to do so, to remind them to do so and follow up to confirm that it has been done.

9. After service on all the three bodies, prepare an Affidavit of Service and attach a photocopy of the Borang 1 and 2 (with the Stamps of Acknowledgement) and the acknowledgement e-mail from the KLBC as an exhibit. Then, e-file the Affidavit of Service.

10. Borang 3, 4 and 5 are to be filed after Borang 1 and 2 have been served on the three bodies.

Rectification of Errors in Borang 1 and 2

11. Errors in Borang 1 and 2 can only be corrected by making an application to the Court by way of Notice of Application and supported by an Affidavit. Click here for a sample.

Section 36(2) Application (commonly known as “Short Call”)

12. As mentioned in (No. 10) above, the “Short Call” Papers consisting of Borang 3 (Summons in Chambers), Borang 4 (Pupil Master’s Affidavit) and Borang 5 (Pupil’s Affidavit)can only be filed after Borang 1 and 2 have been served on the three bodies.

13. E-file Borang 3, 4 and 5. Only Borang 3 can be extracted.

14. Upon extraction of Borang 3, make three (3) copies of each of Borang 3, 4 and 5 and serve them as per No. 7 (1), (2) and (3) above.

15. After service on all the three bodies, prepare an Affidavit of Service and attach a photocopy of the Borang 3, 4 and 5 (with the Stamps of Acknowledgement) and the acknowledgement e-mail from the KLBC as an exhibit. Then, e-file the Affidavit of Service. The Affidavit of Service must be filed at least 10 working days before the hearing date stated in Borang 3.

16. Pupils need to collect their Letter of No Objections from the Bar Council. The Letter of No Objections from the KLBC will be e-mailed to the pupils who are required to e-file it to the Court.

Rectification of Errors in Borang 3, 4 and 5

17. If there are errors in Borang 3, pupils are required to re-do Borang 3, 4 and 5 and e-file them afresh.

18. Errors in Borang 4 and 5 can be rectified by filing “Afidavit Pembetulan”.

Hearing of the Short Call

19. The current practice is that pupils need not attend before a Judge for their Short Call.

20. On the day of the hearing stated in Borang 3, pupils will need to check RKKK Registry’s notice board to ascertain whether their application for Short Call has been granted. If so, the pupils are to prepare and e-file a copy of their Draft Order. The Draft Order can be e-filed either on the day of the hearing or after.If the papers are not in order, the Short Call will not the granted and pupils are required to rectify the errors. The error(s) will be stated on the notice.

21. The Draft Order will be amended and approved by the Court. Extract the amended and approved Draft Order. Make the necessary amendments and e-file the Fair Order.

22. Extract the sealed Fair Order and serve a copy on the Bar Council only.

Appearance in Court

23. When the application for Short Call has been granted, a pupil may appear on behalf of his/her Master or the firm in which the Master is practising, before:

i) Any High Court Judge or Registrar, in Chambers;

ii) Any Sessions Court Judge or a Magistrate, in Chambers;

iii) Any Registrar of the Subordinate Courts;

to mention a case, including entering a judgment in default, or to apply for bail or to take a consent judgment or order.

24. Three (3) months following the date of the Short Call Order, a pupil may also appear on behalf of his/her Master or the firm in which the Master is practising, in Chambers in the High Court and in the Subordinate Courts and before any Magistrates in open Court to conduct any cause or matter.

Continuing Professional Development (“CPD”) for Pupils

25. Pursuant to the resolution passed at the 70th Annual General Meeting of the Malaysian Bar on 19.03.2016 in relation to the CPD Scheme, all Pupils who commenced their pupillage after 1 July 2016 must collect at least eight (8) CPD points throughout their pupillage period.

Ethics Course

26. Pupils must sign up for the Online Ethics Course by making a payment to the Bar Council.

27. Once pupils have successfully completed the Online Ethics Course and passed the required 300-word essay answers for the five Modules, they are eligible to register for the Face-to-Face Ethics Course based on the available dates in the Ethics calendar which may be accessed here (http://www.malaysianbar.org.my/cpd/).

28 Upon successful completion of the full Ethics Course, pupils will receive an Ethics Certificate (which would not be released if their“short call” order has yet to be served/obtained) and will be awarded 4 CPD points out of the 8 CPD points which are required to be obtained during their pupillage.

29. Pupils are to contact the Admission Department of the Malaysian Bar directly on matters pertaining to the Ethics Course.

Legal Aid

30. Pupils are required to register for the compulsory 14 days legal aid duty at the Bar Council Legal Aid Centre of the State where they are undergoing their pupillage.

31. Pupils who are undergoing their pupillage in Kuala Lumpur are to contact the Bar Council Legal Aid Centre (Kuala Lumpur) (Tel: 03-2691 1121/2692 1122/ Email: legalaidkl@gmail.com) directly on matters pertaining to their legal aid duty.

Bahasa Malaysia (“BM”) Requirement for Pupils

32. Pupils who have obtained at least a Credit in BM in SPM or any equivalent examination are to apply for a BM Exemption Certificate from the Legal Profession Qualifying Board (“LPQB”). The application is to be made online via e-lpqb (https://elpqb.agc.gov.my/CLP/bm/user/home.php). It will take a minimum of two weeks from the date of the application for LPQB to process the application. Once the BM Exemption Certificate is ready, pupils will be notified via e-mail. However, if no such email notification is made by LPQB, pupils are advised to check with LPQB on the status of the matter. Pupils may collect the Certificate from the LPQB office during office hours or alternatively, request for it to be sent via post at the pupils’ cost.

33. Pupils who have not obtained a Credit in BM in SPM or any equivalent examination are required to pass an oral examination in BM conducted by the LPQB.Application for the oral examination is also to be made online via e-lpqb (https://elpqb.agc.gov.my/CLP/bm/user/home.php).

34. Pupils are to contact the LPQB directly on matters pertaining to the BM Exemption Certificate or the BM Examination.

Formalities to be adhered to by pupils undergoing their pupillage in Kuala Lumpur as required by the KLBC and what should pupils do

35. Upon receipt of Borang 1 and 2 by the KLBC, the KLBC will e-mail to the pupil a set of documents setting out the formalities to be adhered to by pupils. Pupils may e-mail petition@klbar.org.my or call the KL Bar Secretariat at 03-20321440 to check should they not receive the set of documents within two (2) weeks of e-service of their Borang 1 and 2 on the KLBC. Go through the entire set of documents and ensure that the formalities are complied with.

36. Pupils are advised, two (2) months before pupillage ends, to check with the Admission Officer of the KLBC (e-mail: petition@klbar.org.my) –

i) Whether their “Particulars of Petitioner Form” and “Referees Form” (which they have submitted earlier, if not, submit them immediately) are in their file;

ii) Whether both Referees named in the Referees Form have furnished the KLBC with theReport as to their good character. If not, do help to seek the Report from the Referees so named.

37. The Confidential Report of a pupil to be submitted by the KLBC to the Bar Council can only be processed provided the pupil has attended to the following –

i) Submitted to the KLBC duly completed Particulars of Petitioners Form;

ii) Submitted to the KLBC duly completed Referees Form and the Report of Good Character from the two (2) named Referees;

iii) Attended the Introduction Session conducted by the KLBC.

Three (3) or one (1) month before pupillage ends

38. Obtain a Certificate of Completion for participating in the Legal Aid Programme from the Bar Council Legal Aid Centre of the State in which the pupil has served his/her Legal Aid Duties (this can be done earlier, about two or three weeks after completing the required 14 days of Legal Aid Duties).

39 Check with the staff at the Kuala Lumpur High Court “Petition for Admission Registry” of the Bahagian Rayuan & Kuasa-Kuasa Khas (RKKK) whether the posting of Borang 2 is complete. If it is, the said Registry will provide two (2) copies of the Certificate of Posting Forms for the pupil to fill. Fill out the Forms carefully, otherwise a pupil will run the risk of paying a fee to get a new set. Go back to the said Registry two (2) days later to extract one (1) copy of the Certificate of Posting which has been duly signed by the Senior Assistant Registrar. Once extracted, do not lose the Form as it will be needed as exhibit for Borang 6.

40. Call or e-mail the State Bar Committee to check whether the Confidential Report has been processed. If not, ascertain why it has not been processed and should it be due to any non-compliance of the formalities as required by the KLBC, attend to the same. Continue to follow up with the State Bar Committee until the Confidential Report is processed and submitted to the Bar Council.

41. Thereafter, confirm that the Bar Council has received the Confidential Report from the State Bar Committee and that the Bar Council has sent their Confidential Report to the Court.

42. Pay the Disciplinary Fund to the Disciplinary Board (As of the date of writing, the amount is RM200. You may wish to confirm the amount with the Disciplinary Board – e-mail: secretariat@asdb.org.my / Tel: (603) 2697 3333). It is important to obtain and keep the receipt.

43. Pay the fee for the Instrument of Admission to the Bar Council at the Finance Department (check the amount to pay with the Finance Department of the Bar Council – e-mail: finance@malaysianbar.org.my / Tel: (603) 2050 2072). You are required to fill out a Form and show the Disciplinary Fund receipt when paying the fee for the Instrument of Admission. Obtain and keep the receipt for the payment for the Instrument of Admission.

44. Thereafter, go to the Membership Department of the Bar Council to have the Instrument of Admission prepared. Show the Instrument of Admission receipt to the person in charge of drawing up the Instrument of Admission. Pupils are advised to check whether the details on the Instrument of Admission are correct. If any corrections have been made, the pupil is required to sign at the back of the Instrument of Admission after making the corrections.

Upon completion of pupillage

45. Fill out Borang 6 (Affidavit), two (2) copies of Borang 7 (Certificate of Good Character) and Borang 8 (Certificate of Diligence). Click here for guidelines on filling out the Borang.

46. Get two (2)persons, who must be professionally qualifiedor of a similar standing and known the pupil for more than five (5) years, to sign the Borang 7 respectively. Lawyers from the pupil’s firm can sign the Borang 7 but not family members of the pupil.

47. Get the Pupil Master to sign Borang 8. Make sure that it is signed after the pupillage ends.

48. Prepare one (1) set of Borang 6 with all the exhibits as below for e-filing and another copy for the pupil’s own record:

49. Prepare one (1) set of Notis Perbicaraan (Click here for a sample).

50. Prepare one (1) set of Sijil Pengesahan Dokumen (Click here for a sample).

51. E-file all the above documents. After having e-filed the documents, bring along the originals of all the exhibits to Petition for Admission Registry for verification. The hearing date will only be assigned after the verification.

Extract the Notis Perbicaraan and Sijil Pengesahan Dokumen.

52. Upon extraction of the Notis Perbicaraan and Sijil Pengesahan Dokumen, make three (3) copies of each of the same and Borang 6, 7 and 8 together with the exhibits and serve them on the KLBC, Malaysian Bar and Attorney General’s Chambers as follows:

(1) KLBC – email PDF copies to petition@klbar.org.my. An acknowledgement will be sent via e-mail.

(2) Malaysian Bar Council – by hand or registered post. If by hand, obtain acknowledgement of receipt (usually by way of “Stamp of Acknowledgement” on your service copy. if by registered post, obtain the tracking receipt of the post as proof of service.

(3) Attorney-General’s Chambers – by hand or registered post. If by hand, obtain acknowledgement of receipt (usually by way of “Stamp of Acknowledgement” on your service copy. if by registered post, obtain the tracking receipt of the post as proof of service.

53. After service on all the three bodies, prepare an Affidavit of Service and attach a photocopy of the set with the Stamps of Acknowledgement and the acknowledgement e-mail from the KLBC as an exhibit. Then, e-file the Affidavit of Service. The Affidavit of Service must be filed at least 10 working days before the hearing date stated in the Notis Perbicaraan.

One week before hearing of Admission to the Bar

54. Call up the Petition for Admission Registry and the three bodies ie Bar Council, State Bar Committee and Attorney General’s Chambers to check whether the papers are in order. If there are any amendments to be made, attend to them immediately.

55. Ensure that Mover is ready with a speech for the Admission to the Bar. The speech should be brief and to the point (Click here for a sample of the speech).

56. Prepare one (1) copy of the Draft Order to be brought on the day of the hearing of the Admission to the Bar. ENSURE that the content of the Draft Order continues/flows to the second page together with the requisite signature from the respective bodies. (Click here for sample of the Draft Order).

57. Check the e-filing system for the name of the Judge and time of hearing. The Call list will be placed on the notice board at the Petition for Admission Registry should pupils need to know their number on the list.

58. The Kuala Lumpur Bar Committee may organise a briefing at least a day before the hearing of Admission to the Bar (“Call Briefing”). Pupils are expected to attend to the Call Briefing to know the Do’s and Don’ts during the hearing of Admission to the Bar.

59. Any objection to the pupils’ hearing of Admission to the Bar will normally be made known to the pupil in advance.

On Day of hearing of Admission to the Bar

60. Dress in open Court attire (Click here for Circular on Court Attire and here for a pictorial chart of the said Circular).

61. Bring file together with all the relevant Court documents and proof of service.

62. Remember to bring a copy of the Draft Order.

63. See Mover to introduce oneself (if have not done so already) and give the Mover a copy of the proposed speech for the Admission to the Bar (if required).

64. Once admitted to the Bar, ask the Mover and the Counsel representing the respective three (3) bodies to sign the Draft Order.

After Admission to the Bar

65. E-file your Draft Order. Extract the Fair Order and serve it as per No. 7 (1), (2) and (3) above.

Practising Certificate

When the Order of Admission is made on the Petition the next step is to obtain a Practising Certificate from the Registrar. Section 29 of the Legal Profession Act 1976 sets out the procedure. A necessary preliminary to obtaining the Practising Certificate is the issue of a Sijil Annual from the Bar Council. The procedure for this is set out at Section 32-34 of the Act. For more information you may e-mail the Membership Department of the Bar Council at membership@malaysianbar.org.my.