The Legal Profession Qualifying Board (LPQB) of Malaysia has recently amended their entry requirements to the Certificate of Legal Practice (CLP) examination. The CLP is a qualifying examination required by the Board of Malaysian graduates holding a LLB qualification from a recognised university in UK, Australia or New Zealand. The exam consists of five papers, all of which must be passed in one single sitting.
The new entry requirements state that a candidate shall only be able to resit the CLP exam for a maximum of four times within a single registration period which is valid for four years. Previously, candidates were allowed to resit the exam up to eight times upon re-registering for the second registration period. This amendment to the entry requirements will be an issue to candidates who are not able to pass after the four re-sits as they would not be able to practice without passing the CLP. The CLP is notoriously difficult to pass, with only a 41 per cent passing rate recorded in 2012.
Currently, only 30 UK universities (along with 14 Australian and 5 New Zealand) are on the Board's list of 'recognised' institutions where those who has been awarded an LLB degree would be eligible to register to sit for the CLP and subsequently, upon passing, be eligible to practice in Malaysia.
Commentary from Jennifer Wan, British Council Malaysia
While this new amendment from the Qualifying Board may not have gone down well with many yet-to-pass and future CLP candidates, it is indeed a 'reasonable' ruling as argued by some of those in the legal profession or industry. The five papers in the CLP examination incorporates the study of Malaysian law and is regarded as a filteration process for the legal profession. However, the CLP exam is only applicable to candidates who has obtained a LLB from a private or foreign university, while those with a LLB from a public university are exempt.
Over the years, there has been a lot of debate on the quality of law graduates in Malaysia, whether they are a graduate from a public, private or foreign university. Calls were made to standardise the 'point of entry' to the profession regardless their place of study. Attempts to phase-out the CLP and introduce a Common Bar Course and Exam has been in discussion for years but no consensus has been reached and implementation halted. This is also one of the reasons why there has been no reviews on the list of 'recognised' UK universities by the LPQB. The Common Bar Course is meant to replace the CLP, which curriculum is said to be outdated.
UK institutions offering the Bar Professional Training Course may find this as a niche opportunity as the BPTC is an option for those who does not wish to sit for the CLP or those who hold a LLB qualification from a university not listed to qualify and practice law in Malaysia. Alternatively, UK institutions with LLB alumni who passed the CLP and are now successful legal practitioners in their own right might find them a highly useful marketing tool.