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NST Online » Columns
2008/05/16
Editorial: Testing lawyers

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THE Certificate in Legal Practice - the Malaysian equivalent of the English Bar examination - has courted controversy since it was introduced 24 years ago. For something conceived to ensure the quality and integrity of the legal profession, it is indeed ironic that the CLP itself should be mired in controversy and allegations of discrepancies.

Debates on the CLP erupted in spectacular fashion in 2001, with allegations of marks tampering and leaked exam papers. For this and numerous other reasons, calls have repeatedly been made for this bridging examination, which was initially planned only as a temporary measure, to be reviewed or abolished.

Indeed, the legal fraternity has long held the opinion that the exam has overstayed its welcome. For while most countries have adopted a more innovative, practical and experiential approach in the training of lawyers, Malaysia has steadfastly held on to this curious anachronism.

As such, the announcement by Minister in the Prime Minister's Department Datuk Zaid Ibrahim that the CLP will be replaced by the Common Bar Course (CBC) is praiseworthy. It is heartening, after decades of blustering and hand-wringing, to finally have a resolution in sight.

In this regard, experts have agreed that it will be prudent to set up a School of Law with full-time staff to conduct the CBC, which should not only involve theoretical work but also attachments to legal firms and the courts. What must also be ensured is that all graduates, whether from local or foreign universities, be required to go through the course before being admitted to the Malaysian Bar.
This should be so even if they had done the English Bar. This way, everyone goes through a common door and proper standards can be more easily maintained. The CBC will then effectively serve as the ultimate filter for those entering the profession.

What is more, if not most, important now that a decision has been made, however, is for the authorities to act urgently to ensure speedy implementation. Considering that the CBC has spent at least 15 years in various stages of evaluation and assessment, any further delay in introducing it would be indefensible.

The present system, based solely on a three-hour written test, is clearly inadequate to prepare young law graduates for the challenges and realities of legal practice.

With an average of between 800 and 1,000 students called to the Bar yearly, it is imperative that the authorities work harder to put an end to widespread complaints about the varying standards of competence among law graduates.

 
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