Circular No 045/2022

Dated 23 Feb 2022

To Members of the Malaysian Bar and pupils in chambers

Guidelines and Recommendations of Responsibilities between Masters and Pupils

We refer to Circular No 505/2021 dated 29 Dec 2021 entitled “Invitation to Provide

Feedback to the Draft ‘Guidelines and Recommendations of Responsibilities between
Masters and Pupils’” (“Guidelines and Recommendations”).
Upon consideration of the feedback received in response to Circular No 505/2021, the final
draft of the Guidelines and Recommendations was tabled at the Bar Council meeting of
19 Feb 2022 and approved.
Please click here to view the Bar Council’s “Guidelines and Recommendations of
Responsibilities between Masters and Pupils” (see page 2 onwards). It provides guidance on
several aspects of the pupillage process and sets out recommended responsibilities for both
parties.
The Bar Council National Young Lawyers and Pupils Committee (“NYLPC”) intends to hold
a virtual town hall to provide information on the Guidelines and Recommendations, and to
answer any queries that Members or pupils may have regarding the document. The town hall
will be held on 4 Mar 2022 (Friday) from 3:00 pm to 4:00 pm. Registration details will be
provided closer to the date.
Thank you.

Farez Mohd Ali Jinnah, Muthu Kumar Suya Shahareen Begum

Kumanan and Yusfarizal Yussoff Secretary
Co-Chairpersons Malaysian Bar
National Young Lawyers and Pupils Committee
 BAR COUNCIL
GUIDELINES AND RECOMMENDATIONS OF RESPONSIBILITIES
BETWEEN MASTERS AND PUPILS

SKILLS AND COMPETENCIES TO BE DEVELOPED DURING THE PUPILLAGE PERIOD

1. The master is obligated to provide the pupil with the opportunity to learn, apply and develop
basic skills and competencies in the master’s area(s) of practice in regard to the following areas
(“learning outcomes”) during the pupillage period —

(A) Legal skills

(i) Client care and management;
(ii) Legal research;
(iii) Drafting and writing;
(iv) Strategy;
(v) Negotiation;
(vi) Advocacy; and
(vii) File and practice management;

(B) Professional ethics, practice and etiquette

(i) Duties and responsibilities of an advocate and solicitor;
(ii) Fiduciary duties owed to client, client confidentiality and privilege;
(iii) Conflict of interest; and
(iv) Matters relating to etiquette and formalities in legal practice and the supply and
rendering of legal services, in Court and as a Member of the Bar.

2. For purposes of paragraph (1)(A)(vi), the master is treated as having fulfilled such requirements
if the master’s pupil attends any course, training or programme regiment organised by the Bar
Council in relation to such matters.

3. The master is obligated to allow the pupil to attend or participate in any activity, course,
training or programme, including legal aid duties, during the pupillage period, for purposes of
paragraphs 1 and 12.

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4. The primary objective, at the end of the pupillage period, is for the pupil to have a working
knowledge of different areas of substantive and procedural laws applied in Malaysia, as well as,
the professional practice of the legal profession. The pupil is to be trained to have a strong
sense of integrity, professionalism and ethical approach to the practice of law.

5. Appendix I contains a recommended Pupillage Training Plan which may be used by masters in
providing the pupil with the opportunity to apply and develop the basic skills and competencies
in paragraph 1. The Pupillage Training Plan functions as a general guidance only and masters
may amend and adapt the Pupillage Training Plan in accordance with the master’s and law
firm’s practice.

RESPONSIBILITIES OF PARTIES

6. The intended outcome of a pupillage is akin to a structured apprenticeship with a view towards
the pupil’s employability and preparing the pupil for professional practice as an advocate and
solicitor, building upon the pre-existing skills and knowledge base already expected of a pupil as
a “qualified person” under section 3 of the Legal Profession Act 1976 (“LPA 1976”). As such, the
following matters ought to be considered by both parties:-

(1) the terms of pupillage ought to be discussed and agreed upon prior to the
commencement of the pupillage period, including the matters in subparagraphs (2)
to (6) below, and benefits, office equipment, support and facilities that will be made
available to the pupil upon commencement of pupillage;

(2) the pupil’s allowance or stipend ought to reflect the standard and quality of life in
the master’s geographical locale and the pupil’s location relative to the master’s
geographical locale in terms of distance to arrive at a genuine estimate of the cost of
living in the master’s geographical locale;

(3) out-of-pocket expenses on file or firm expenses claimable by the pupil (where
agreed upon) during the pupillage period ought to be payable as soon as practicable
and in any event, it ought not be no longer than one (1) month from when such
claims are made to the master or the master’s firm;

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 (4) the commencement and end of the pupillage period, along with the expectations
levelled upon the pupil for that period;

(5) the grounds of the cessation of the pupillage in the event the working relationship
becomes contentious; and

(6) to ensure that any letter of appointment or agreement entered with the pupil,
considers the following and does not offend any part of the LPA 1976 or any written
law that may include but not be limited to:-

(i) matters relating to the enlargement of the pupillage period or the retention
of the pupil exceeding the pupillage period under the LPA 1976;

(ii) non-disclosure provisions that have the effect of concealment or

suppression of anything that may contravene any part of the LPA 1976 or
any written law; or

(iii) while the LPA 1976 is silent on letters of appointment, a fixed term
agreement that is consistent with the LPA 1976 and its attendant Rules and
Rulings is permissible, although a pupil is not an employee. In the event
such an agreement is signed, the master shall ensure the contents of that
agreement and its implications on the pupil’s obligations under the LPA
1976 are not impeded or restrained by that agreement.

RESPONSIBILITIES OF MASTERS

7. At the commencement of the pupillage period, a master is obligated to bring the pupil’s
attention to section 94(6) of the LPA 1976, that the pupil’s conduct or omission during pupillage
falls under the disciplinary provisions of the LPA 1976, and that the pupil’s petition to be
admitted as an advocate and solicitor may be affected by the pupil’s conduct or omission.

8. A master is encouraged to cover the expenses for filing fees and related costs (such as
affirmation fees) in connection with the pupillage.

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9. As far as practicable, the master is obligated to inform the pupil, no later than four weeks prior
to the pupil’s expected date of admission as an advocate and solicitor, whether the master
intends to provide the pupil with a contract of employment upon the pupil’s completion of
pupillage, and subsequent admission as an advocate and solicitor.

10. A master is obligated to issue the Certificate of Diligence for the pupil. In the event a master
refuses to issue the Certificate of Diligence to the pupil upon completion of the pupillage period
or before the completion of the pupillage period, the following shall occur:-

(1) the pupil is to procure a statutory declaration from another partner or advocate and
solicitor in the master’s firm to attest that the pupil had carried out the pupillage
period with the master in question. The statutory declaration shall include, at
minimum, the following particulars:-

(a) particulars of the advocate and solicitor, including firm of practice;

(b) the period during which the advocate and solicitor has known the pupil;
(c) the pupil’s pupillage period; and
(d) whether the pupil has been diligent in the pupil’s work during the pupillage
period.

(2) in the event the pupil is unable to obtain that statutory declaration under
subparagraph (1) above, or that the master is the sole advocate and solicitor in the
firm, the pupil shall prepare a statutory declaration to attest that the pupil had
carried out the pupillage period with the master in question. The statutory
declaration shall include, at minimum, the following particulars:
(a) particulars of the pupil, including the name of the pupil’s master and the
master’s firm;
(b) the pupil’s pupillage period;
(c) reasons why the statutory declaration under subparagraph (1) above was
unable to be obtained; and
(d) enclose as an exhibit, a work diary for that pupillage period.

(3) in either instance of subparagraphs (1) or (2) above, a copy of the relevant statutory
declaration(s), shall be served on the Bar Council, the relevant State Bar Committee
and the master’s firm; and

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 (4) the relevant statutory declaration(s) shall be exhibited in the affidavit to the pupil’s
petition for admission, for purposes of section 15(3)(c) of the LPA 1976.

RESPONSIBILITIES OF PUPILS

11. Pupils shall strictly observe the etiquette and traditions of the Malaysian Bar at all times,
including in relation to dress code, and maintain the highest level of integrity and courtesy.
When in doubt, the pupil is obligated to consult the pupil’s master, any practising advocate and
solicitor, the State Bar Committee or the Bar Council.

12. During the pupillage period, pupils shall --

(a) attend or participate in any activity, course, training or programme, including legal aid
duties; and
(b) obtain the requisite Continuing Professional Development (CPD) points;
as determined by the Bar Council.

13. Pupils, as “unauthorized persons” under section 36(1) of the LPA 1976, shall not –
(a) accept instructions on the pupil’s own account;
(b) contribute to any consultation or express any opinion to any client or party;
(c) undertake, accept, negotiate or participate in any professional duty as an advocate and
solicitor;
(d) give legal advice or sign any correspondence or documents on behalf of the firm;
unless it is within the rights of the pupil and pursuant to the master’s instruction on the
master’s behalf, where such matters are conducted under the master’s care and strict
supervision.

14. Pupils shall not accept any instructions from any existing or potential client of the master’s firm
except on the instructions of the pupil’s master.

15. During the pupillage period, pupils are obligated to —

(a) take the initiative to ask for instruction from the pupil’s master;
(b) discuss with and seek guidance from the pupil’s master on all matters regarding practice,
professional ethics, and etiquette as an advocate and solicitor; and

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 (c) comply with and shall apply themselves diligently to all reasonable professional requests of
the pupil’s master, pursuant to the learning outcomes in paragraph 1 and Appendix I.

16. A pupil is advised to keep a work diary during the duration of pupillage to record work done and
the amount of time spent on it, with cross-reference to learning outcomes.

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 APPENDIX I
PUPILLAGE TRAINING PLAN

1. During the pupillage period, pupils may develop the basic skills and competencies through a combination of activities, for example:
(a) receiving guidance by the master;
(b) completing specific work and tasks assigned to them by the master or other advocates and solicitors within the master’s firm;
(c) generally assisting the master or other advocates and solicitors within the master’s firm in any particular matter or file;
(d) through observation and deliberation by queries and feedback between the pupil and master; and
(e) participation in the relevant Bar Council activities for pupils.

2. In fostering a pupil’s development and growth throughout the pupillage period, the following measures are considered good practices to be
implemented for each particular pupil —
(a) provision of office equipment and services, including but not limited to access to a workstation, personal computer, telephone extension,
internet access and email address;
(b) situating a pupil adjacent to the master for the pupil to benefit from observing a master’s routine and professional practice;
(c) regularly assigning work to the pupil in such areas of practice as are appropriate to the pupil’s training needs, ability and practice, and the
master’s or the master’s firm’s needs;
(d) encourage the pupil to take responsibility for the pupil’s own professional development, and to support the pupil in such endeavours, such as
allowing the pupil time to participate in activities such as Bar Council activities, CPD courses, relevant legal conferences, etc.;
(e) encouraging the pupil to keep a work diary during the duration of pupillage to record work done and the amount of time spent on it, with
cross-reference to learning outcomes;

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 (f) proactively and directly monitoring a pupil and the pupil’s work, providing evaluations on any shortcomings or inefficiencies, and providing
opportunities for improvement;
(g) rendering support as a mentor, including arranging for a pupil to spend time with and learn from the work of any other members of a
master’s law firm, and encouraging a pupil to provide feedback on the progress of the pupil’s pupillage and any difficulties faced by the pupil;
and
(h) ensuring that a pupil complies with the provisions of the LPA 1976, its Rules and Rulings, and observes professional ethics and the rules of
practice and etiquette of advocates and solicitors.

3. The following Table provides general guidance of the types of activities which will assist in developing the basic skills and competencies required
from a pupil:

Area Briefing / Training / Experience

I. Induction The pupil should receive instruction or guidance on the relevant office procedures as well as office facilities and IT
systems. For example, in relation to —
o use of photocopier and scanner;
o use of telephone, facsimile and other electronic communications;
o organisation of the law firm’s internal precedent systems;
o usage of any database systems which are relevant to tasks a pupil may work on;
o procedures in relation to submission of leave application, claims for expenses, allowances, etc.
A. LEGAL SKILLS
II. Client Care and The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
Management  Interviewing

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 o Discussion of proper interviewing techniques;
o Attendance with the master on initial interviews with new or existing clients;
o Opportunity to interview persons to obtain factual information relevant to the matter being considered;
o Observation of interviews with witnesses;
o Preparation of witness statements or affidavits for signature, based on interviews;
o Preparation of summary of transcripts of meetings and interviews.
 Fact investigation
o Reviewing documentary evidence, for example, client’s personal or firm files, company minute books, files
maintained by government or administrative bodies;
o Conducting searches under various public records systems;
o Observation of examinations for discovery, or in aid of execution or cross-examination.
 Advising
o Discussion on proper legal counselling techniques;
o Preparing memoranda that will provide the basis for advising the client;
o Discussion on options and remedies available to clients;
o Attendance with the master at meetings with clients in which the clients are provided with legal advice;
o Preparing memoranda to file records of advice provided to clients.
III. Legal Research The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
 Conducting research and preparation of reports on legal issues;
 Familiarity with research materials and facilities available such as those within the law firm library, Bar Council and
State Bar Committees, the Attorney General’s Chambers library, inter-firm lending arrangements, online search
databases, etc.;

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  Research on points of law and verbal reporting of the same to the master.
IV. Drafting and The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
Writing  Drafting various legal documents such as contracts, cause papers, affidavits, notices, agreements, pleadings,
resolutions, information circulars, prospectuses and by-laws;
 Assist in the writing of legal opinions, research memoranda, correspondence, briefs, reports, speeches,
presentations and articles;
 Proper usage and citation of precedents;
 Engagement and retainer letters;
 Letters and general correspondence;
 Techniques for improving accuracy and clarity of expression in the legal context.
V. Strategy The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
 Analysis of problems
o Discussion of client request for advice, and generation of options and strategies;
o Preparation of written report of options and strategies based on the pupil’s research and investigation.
 Planning and conduct of matters
o Formulation of a plan with the master for conduct of various matters;
o Devising a plan for the conduct of a matter that is consistent with the needs and expectations of those
requesting the advice;
o Discussion of effective communication with the client and with other advocates and solicitors;
o Discussion of various cost and timesaving techniques.

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VI. Negotiation The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
 Negotiations
o Discussion of negotiation techniques and strategy;
o Observe and where possible participate, in negotiations conducted by a master;
o Review and discussion of outcome of negotiations with the master;
o Assist in conducting negotiations and advising on settlements.
VII. Advocacy The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
 Accompanying a master to observe the conduct of any or all of the following: examinations for discovery, cross-
examination on an affidavit, contested motions, applications in court, trials and appearances before
administrative tribunals or arbitration and mediation bodies;
 Observation of advocacy by the master or other advocate and solicitor in the firm, or any other advocate and
solicitor approved by the master;
 Discussion of advocacy techniques;
 Preparing for court, tribunal or other appearances before judicial and administrative bodies;
 Exercising the rights of audience available to pupils including, moving applications in subordinate courts, where
the pupil has been sufficiently equipped with instructions, explanations and facts of the case, matter or
application.
VII. File and Practice The pupil should assist the master in, or receive instruction or guidance from the master, on the following areas –
Management  Becoming familiar with policies and procedures for time-tracking, note-taking and record-keeping procedures and
techniques for organisation of individual files, by developing familiarity with the master’s practice files and records
management system, including the procedures for opening and closing files;
 Explanation of how fees are tracked and billed, and how this is presented to clients;

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  Use of general and trust accounts;
 Learning basic file and record keeping practices;
 Learning procedures for opening and closing of files;
 Preparing a plan or checklist for a new file;
 Learning how to document a file, including records of telephone calls, emails, facsimiles;
 Properly organising a file;
 Properly using time-docketing systems;
 Keeping clients informed of progress of matter;
 Familiarity with follow-ups and limitation dates;
 Familiarity and use of precedent files;
 Familiarity with office systems.
 Familiarity with billing practices and procedures;
 Familiarity with general and trust account procedures;
 Processes used for recording expenses and disbursements.
 Generally assisting the master in preparing for trial (civil or criminal), corporate, conveyancing or other transactions relevant to the
master’s or firm’s practice, including liaising with regulatory authorities (e.g. Land Offices, Companies Commission of Malaysia (SSM), etc.)
where necessary.
B. PROFESSIONAL ETHICS, PRACTICE AND ETIQUETTE
VIII. General The pupil should receive instruction or guidance from the master on the following areas –
 Discussion of the basic duties and responsibilities of an advocate and solicitor;
 Routine discussion with other advocates and solicitors in the firm on particular files;

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  Discussion of appropriate responses when asked by a client to do something which would involve a breach of any
written law in relation to the legal profession in Malaysia;
 Discussion on matters relating to etiquette as well as formalities in Court and in relation to Members of the Bar;
 Discussion on the Legal Profession (Practice and Etiquette) Rules 1978, Legal Profession (Publicity) Rules 2001, and
provisions relating to disciplinary proceedings and sanctions which may be imposed by the Disciplinary Board.
IX. Fiduciary duties The pupil should receive instruction or guidance from the master on the following areas –
owed to client,  Discussion with the pupil regarding fiduciary duties towards the client;
client  Discussion with the pupil regarding client confidentiality, privilege and secrecy.
confidentiality
and privilege
X. Conflict of The pupil should receive instruction or guidance from the master on the following areas –
interest  Explanation and demonstration of procedures used to avoid conflicts of interest.

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