LETTER | The recent statement made by our law minister that the government is considering replacing the Certificate of Legal Practice (CLP) with a Common Bar Course (CBC) is definitely a great move.
Being a CLP candidate myself, this issue is definitely close to my heart.
There are many flaws and drawbacks in the CLP system, and despite much-needed reform, nothing has come close to improvement. So, as you are reading, you might be wondering what the CLP is and why it is such a big hoo-ha for an exam?
Every aspiring lawyer who holds a foreign law degree has to sit for the CLP exams to become a qualified lawyer in Malaysia. Then, you might ask, “Why is the CLP only for foreign graduates, and how about graduates from local universities?”
Yes, local university graduates are exempt from the CLP after obtaining their bachelor’s degree. Why? The rationale is that foreign graduates do not study Malaysian law in their courses.
This might sound like a logical rationale, but how can there be uniformity, quality and transparency when there are different exams for students from local universities, semi-government universities and foreign law graduates?
As Lady Justice best illustrates, the law should be blind. How can the law be trusted to be carried out justly if the precursor to the law is itself not blind but discriminatory based on where one is educated?
The CLP exams are arduous and tough, and require a candidate to pass all five subjects at one go, with four attempts being permitted. However, it does not dictate whether an aspiring lawyer could cope with the practical world out there.
As the CLP exams are over-reliant on memorisation and regurgitation, passing them at one go does not decide or dictate one’s practical or drafting skills. This is because when one is a practising lawyer, research and reading can be done when different issues arise on a case-by-case basis.
Hence, the rigid rule of passing all five papers in one attempt should not be the sole determining factor of one’s future - to be a practising lawyer.
There is no doubt that the CLP enhances one’s knowledge and understanding on the subject matter. However, one might not be well-prepared and lack practical exposure.
Setting priorities straight
It is thus crucial to set the priorities straight and make things right by introducing the CBC and scrapping the CLP.
A whole new system in which every law graduate - whether they graduated locally or overseas, or from a public or private university - has to go through the CBC will ensure not only uniformity in passing the course but that a similar experience will be gained.
This would ensure that each law graduate possesses certain standards and skills. Similarly, in the UK, be it any student from the top university in the UK or not, each and every one has to go through either the Bar Professional Training Course (BPTC) or Legal Practice Course (LPC).
Furthermore, it is important to establish an independent committee to peruse the syllabus, decide on a set framework of exam questions, introduce the practical element (i.e drafting, mooting, advocacy) in the area of both criminal and civil law and enforce consistency of criteria and standards.
I verily believe that this experience will assist students in deciding which area they are more passionate about and which field they would like to enter as a lawyer.
Since what we are used to studying in the books is way different from its real-world practice, it is always good to have that opportunity to explore in the beginning.
The above suggestions for reform are not exhaustive. There should be more reviews and studies conducted with various stakeholders before the CBC is implemented.
Change is very much needed to restore the equilibrium. It is with greater hope in this New Malaysia that, with the CBC, each and every law graduate shall go through the same process with practical elements in order to prepare them for the practical world of the legal profession, whilst working towards the same principle which is to uphold the rule of law.
TEOH KING MEN is a law graduate and youth advocate, who is passionate about youth empowerment, climate change, social justice and quality education in achieving the Sustainable Development Goals or New Urban Agenda to build more sustainable, inclusive and resilient cities.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
