Bar to play major role in regulating legal profession, says president

Malaysian Bar president George Varughese says the Bar has prepared amendments to key provisions in the Legal Profession Act 1976. (Bernama pic)

PETALING JAYA: The Malaysian Bar is proposing to play a prominent role in the running of the Legal Profession Qualifying Board, including by setting a minimum standard for those intending to practise law, its president George Varughese said.

He said the Bar had prepared amendments to key provisions in the Legal Profession Act (LPA) 1976 which it would submit to the government next month.

“We are now holding a nationwide roadshow to meet our members to explain the amendments and get their feedback. If necessary, we will fine-tune our proposal,” he told FMT.

Varughese said the Bar had so far met members in Melaka and Johor Bahru. Its third stop will be in Seremban this evening.

He said the Bar was suggesting that it take control of running the current Certificate of Legal Practice course or the proposed Common Bar Examination to ensure only qualified persons enter the profession.

“We plan to conduct the course and set the syllabus for those intending to practise law,” he said.

Varughese said if need be, the Bar would accredit selected public and private universities to conduct its programmes.

He said the Bar was also suggesting that it be given the authority to recognise law degree programmes of local and foreign universities.

“But any decision to withdraw such recognition will be made to take prospective effect so as not to jeopardise the status of those who qualified from the institutions earlier,” he added.

The attorney-general (AG) is currently the chairman of the Legal Profession Qualifying Board. Members include two judges nominated by the chief justice, the Bar president and a full-time member of the academic staff of a law faculty nominated by the higher education minister.

Varughese said the board would also be enlarged.

Varughese, who led a delegation to meet AG Tommy Thomas soon after the latter’s appointment in June, said the Bar had urged him to take a holistic approach in bringing about changes to the LPA.

At the International Malaysia Law Conference in August, Thomas said the Advocates and Solicitors Ordinance 1947 and the original LPA which governed the legal profession were drafted by lawyers with little input from the state.

However, he said the LPA had been amended on numerous occasions to punish the Bar for the public positions it had taken.

“Previous governments have seen it fit for the office of the AG to be involved in many aspects of your profession, thereby making in-roads into your autonomy and independence,” Thomas had said.

He said he would advise the new Pakatan Harapan government that the state’s intimate involvement in the governance of the legal profession was harmful to the independence of the Bar. - FMT