A new international-standard Common Bar Course (CBC) and examination are being considered to replace the current Certificate in Legal Practice (CLP) in Malaysia. The new system, inspired by the UK bar training, will ensure all aspiring lawyers meet competency standards before practising, regardless of where they earned their degree, said deputy law and institutional reform minister M Kula Segaran.
“The CBC and Common Bar Examination (CBE) will be more comprehensive and improve the existing CLP system, bringing us on par with the Bar Training Course in the UK. The CBC will introduce practical training, so law graduates are better prepared for real-world challenges. We want new lawyers to have strong skills in court procedures, advocacy and legal drafting. This isn’t just an exam change. It’s a step to make sure the public can trust the legal profession,” Kula said.
The CLP is currently required for anyone who studies law overseas and wishes to practise as a lawyer. Kula said the Legal Profession Qualifying Board (LPQB), which accredits aspiring lawyers, agreed earlier this month to start a CBC curriculum committee that will look into the implications of the CBC and CBE on local and foreign law graduates. “Among the aspects that need to be studied are the syllabus, curriculum and assessments; trainers, administration, management and the finances needed to implement this. As for a timeline, the LPQB and Bar Council are coming up with an implementation plan to make the CBC and CBE happen,” said Kula.
Established in 1984, the CLP was initially designed as a temporary solution for graduates from unrecognised law schools. The CLP has long been criticised for focusing too much on theoretical knowledge, without testing practical skills needed in the legal field, with critics saying it lacks practical components such as advocacy, courtroom procedures and legal drafting.
Implications for the sector
The CLP is a qualifying examination required by the Legal Profession Qualifying Board (LPQB) for Malaysian graduates holding a LLB qualification from a recognised university in UK, Australia or New Zealand. Attempts to phase-out the CLP and introduce a Common Bar Course and Exam have been in discussion for a few years but no consensus has been reached and implementation has been halted, until now. Currently, only 30 UK universities (along with 14 Australian and 5 New Zealand) are on the Board's list of 'recognised' institutions; only those awarded an LLB degree from these universities are eligible to sit for the CLP and subsequently, upon passing, practise in Malaysia.
Efforts to implement the CBC and CBE could lead to a review of the existing list of recognised institutions by LPQB, potentially paving the way for more UK universities to be added to the Board's list. The announcement that the new system has been ‘inspired by the UK bar training’ positions UK legal education in a favourable light, and may be an opportunity for outstanding UK institutions to work collaboratively with local universities and professional bodies to enhance curriculum and assessment, and address concerns on the current ‘practical’ competency gap in the legal profession.