Thursday, May 6, 2010

Why private Law institutions students should go against Common Bar Exam???

My dear friends,

Before this, I was writing on opposing Common Bar Exam (hereinafter referred as CBE). My fellow friends said that I was too bias towards the Local Universities students. I responded disagreement but I was very busy with exam so couldnt put my thoughts together.

Now, I'm briefing u on why not only Public Universities Law students but also Private Law Institutions students should oppose CBE.

By all means, being a law student; we cant blindly oppose it. Whatever disagreement must be justified.

If u can recall, the idea of abolishing the existing Certified Legal Practice (hereinafter referred as CLP) system and replace it with CBE is due to the fact that CLP has sort of 'out- dated' and it does not fit in the niche in the 21st century legal industry especially if it were to narrow down to the context of Malaysia.

Factors on this issue have been duly addressed in my previous Note.

This Note is to focus on the consequential part. The question which evryone of us would ask how is this CBE going to affect us? Is it any implications? By all means there are implications, the following question would be are these implicatons positive or otherwise?

On the 1st meeting with Ragunath, President of the Bar COuncil Malaysia; I was briefed that the imposition and offer or CBE are restricted to four local universities namely UKM, UM, IIUM and UiTM. In other words, the existing law schools other than the abovementioned could not run CBE in their respective Law Schools. Hence. in the event this CBE were to be imposed, all students (to be specific the private law students) would need to study their CBE in the local universities (UKM, UM, IIUM, UiTM). This will consequent to those who intend to pursue their Bar Vocational COurse in UK (Lincoln's Inn, Middle Temple, Gray's Inn etc.) could never have their dreams fulfilled and realised on account of the only chanel to practise Law in Malaysia is by way of undergoing CBE in local Universities.

I have a question, how many of them who have obtained their LLBs in UK/ Aussie would like to come back Malaysia to sit for the CBE??? * As these group of people might doubt the quality of local law schools as compared to those INNs in UK.

Besides, it is reasonably enough to foresee that problems will arise again. Those law schools which confer degrees (LLB) would want their law schools to run CBE. For sure, there wouldnt be issues in the very first stage of implementation as those existing law institutions might not qualify to run CBE. Having it being considered in a long run, in the event these law schools are qualified to confer CBE in future; is Malaysian Qualification Agency (MQA) going to grant them the permission to run CBE in their respective law schools??? If so, Bar COuncil would stand before the younger generations start complaining about the CBE due to its quality and so on.

Furtherance, there are problems such as who is going to sit in the CBE panel; who set the exam questions for CBE; on what standard they admit the students and so on. These re jut a few matters, there're thousands of maters which we (all of us) need to ponder about.

To abolish a system which have been imposed decades ago and to replace it with a new-fresh policy, it is never as easy as we thought.

Putting myself in the shoes of private law institutions students, I'd urge the Bar COuncil/ MQA to review the existing CLP and in the event we are lacked of something; I believe all the 4 established Local universities are willing and much obliged to assist our friends in private law institutitons to sort out this matter.

My dear friends, living in 21st century; having ourselves moving into the era of globalisation; competetiveness is inevitable. Now, the only way we could fight for the betterment of the community is by way of cooperation and tolerance among each other. What I want to deliver is that there's no difference between U (private) and I (governemt), we must work together not on emotional basis but for the future of our legal pactice in our nation, Malaysia.

Though we oppose CBE, it does not mean we end right there. The spirit of helping the needs is still burning.....

Best regards,

1 comment:

  1. So your argument is that since building new houses is difficult let's all just live in caves?