AFTER reading the many recent news articles on the Certificate in Legal Practice (CLP), we, legal students and practising lawyers, would like to share what the examination is really about, as well as its challenges.
The CLP is a nine-month long postgraduate course and examination taken by foreign law graduates and graduates of Bachelor of Jurisprudence (Hons)/B.Juris (Hons) from Universiti Malaya and Bachelor of Legal Studies (Hons)/BLS (Hons) from Universiti Teknologi Mara to become a qualified lawyer in Malaysia.
The examination is conducted by the Legal Profession Qualifying Board of Malaysia and is governed by the Legal Profession Act 1976. The Board allows degree holders from shortlisted universities in the UK, Australia, and New Zealand to sit for the examination.
The Board also allows graduates from a shortlisted university to be exempted from this examination. Multimedia University in Melaka is the first private university in Malaysia obtaining exemption from the CLP exam for its law graduates.
Local universities exempted from the examination are:
- Universiti Malaya;
- Institut Teknologi Mara;
- International Islamic University;
- Universiti Kebangsaan Malaysia;
- Universiti Utara Malaysia;
- Universiti Sultan Zainal Abidin; and
- Universiti Sains Islam Malaysia.
Before the Covid-19 pandemic, the examinations were normally held around July each year. Every student is required to sit for five subject papers – General Paper, Professional Practice, Evidence, Criminal Procedure, and Civil Procedure.
The student must pass all papers to obtain the certificate. If a student fails one paper, they may be given a conditional pass and be allowed to re-sit that subject two more times.
However, if a student fails in two or more papers, they must sit for the entire examination again to obtain the certificate. Each student is allowed to sit for the examination four times.
The passing rate is similar to the year before – around 16%-25% of students managed to attain a full pass (passed all five papers at once). Conditional pass makes up for around 20-25% every year.
* For candidates who registered in 2017 and failed all four times, they will be allowed another attempt through the 2021 CLP examination. Meanwhile, those who registered in 2017 but have yet to exhaust all four attempts will be allowed to register for the 2021 examination.
Challenges in the CLP
The most difficult aspect in passing CLP is mainly due to the sheer bulk of syllabuses. There are five subjects to study for, with sub-topics and/or contain a few areas of law in one subject.
Unlike the LLB (Bachelor of Laws), students do not have the luxury to choose what subjects they want, or what they think they are good at. They have to re-sit for the papers they had passed if they failed to get full passes.
If you look carefully into the syllabus/the pro-forma, the students are sitting for more than five papers.
1. General Paper
Here, students are exposed to the techniques of drafting several types of statements of claims, as well as other important concepts in Personal Injury Law, Malaysia Law of Tort and Malaysia Contract Law.
Students might think that this subject is the least difficult subject in the syllabus, but General Paper is, however, the most technical among the five. The typical exam format would be that you have to draft a statement of claim each for personal injury and contract, while addressing a problem question and one critical thinking question.
Hence, General Paper consists of five subjects:
- Law of Tort in Malaysia (7 subtopics)
- Personal Injury Law in Malaysia (26 subtopics)
- Law of Contract in Malaysia (9 subtopics)
There are no guidelines given to students on statements of claim for Personal Injury Law and the Contract Remedies in Malaysia.
Students are given only three hours to answer the questions, about 36 minutes to prepare very lengthy answers.
2. Civil Procedure
One of the bulkier subjects in the syllabus, with about 33 subtopics.
3. Criminal Procedure
The subject name speaks for itself. Students will be exposed to the Malaysian Criminal Procedure, with topics such as bail, sentencing, arrest, et cetera. It has about 32 subtopics.
The recent amendment in the exam format meant that it would be extremely risky for students to skip any topics in the subject. For all you know, the revisionary powers or appeals topic that you dread so much and decided to skip may well be the mandatory question you have to answer, failing which would result in your losing substantial marks.
4. Law of Evidence
One of the more intriguing subjects of the exam, Evidence in CLP is no walk in the park, with 19 subtopics.
While students who have taken the subject during their LLB studies may grasp the concepts faster, there is no guarantee that the “A” you get in LLB would produce the same result in CLP.
During LLB, Law of Evidence is an elective paper.
5. Professional Practice
Professional Practice is the bulkiest subject and is divided into Part A and B. Unlike the other subjects, we are required to answer five questions here, instead of four.
Part A consists of ethics and advocacy questions, of which we have to answer two out of the four questions posed. Be prepared to memorise your ethics rule early, as this may be a crucial strategy in clearing this subject.
Part B consists of three Land Law questions – probate, personal bankruptcy and company winding-up.
Thus, students must master six subjects and 70 subtopics within:
- Ethics of the Legal Profession (8 subtopics);
- Advocacy and Duties of Counsel (8 subtopics);
- Land Law, Conveyancing and Housing Development (18 subtopics);
- Probate and Administration of Estates (19 subtopics);
- Personal Bankruptcy (13 subtopics); and
- Company Winding-Up (4 subtopics).
Read, read and read some more
In total, students are required to master 196 subtopics in nine months. The secret to pass the exam is nothing but to read all the cases that are mentioned in the syllabus.
Also, it is about a minimum of 20 to 25 cases per one sub-topic.
20 cases x 196 subtopics = 3,920 cases
3,920 cases divided by 9 months = about 436 cases per month
436 cases divided by 30 days = 15 cases per day.
Students are expected to study 15 cases per day, understand the court judgements, make their own notes and memorise keywords.
However, this entire process is constituted as “first reading” in the exam preparation. This will not be enough, so students have no choice but to read about 45 to 60 cases per day in order to have extra time to do past year questions, attend classes and tutorials (if that is available to the students).
Do you have any idea what the exam format is for each public university? You will be shocked when comparing exam formats used before and after the pandemic.
Differences in public and private universities
Former Malaysian Bar president Salim Bashir reportedly said local law graduates are exempted from taking the CLP because the module is already part of their final-year course.
Most of the exams in local universities have been divided into two semesters. For example, Year 4 students take four subjects – Criminal Procedure, Civil Procedure, Evidence and one elective paper. But these take place over two semesters.
Even the exam schedule is different. Does the format include attendance and assignments?
Why are other CLP students not afforded the same privilege?
Another senior lawyer who requested anonymity in one of the news articles was quoted as saying that there is a limit on the number of sittings for the UK Bar examination.
Do check information from the UK Law Society whether the students receive enough guidance, teaching, seminars, workshops, and tutorials before comparing the UK Bar exam with the CLP.
Critical thinking versus regurgitation
When good men overlook injustice, it becomes the order of the day. Here, we would like to quote you a real example. The Bar concluded that a lot of the answers given by the students are really not reflecting or displaying that they (students) are critically analysing the questions. They are regurgitating answers just like a parrot.
Have the Board of the Bar Council looked at the answers provided by students in public universities?
Other boards in professional exams such as ICAEW, ACCA, MACPA, MRCP, Engineering and Actuarial Science provide students with the answers, directions, and guidance necessary.
CLP students are not asking to be spoon-fed, but do not sweep the issues under the carpet without providing help. They are the future lawyers, judges, and leaders.
The students are begging for assistance from committee members. Please guide them in the right direction in answering the questions. Please inform them about the examiner’s expectation. Do not provide a brief statement.
Placing a limit on a professional qualifying exam after one has obtained a degree does not make sense, as our study culture is different compared to those in the UK and Singapore.
Moreover, most CLP students do not come from wealthy families but are working adults, who probably have to repay loans taken to pay for their studies. Without the CLP, law graduates cannot even work as in-house legal officers. Most private companies require prospective hires to have at least three years of experience in a leading law firm.
Many of the students are worried about their future. So, here we would like to appeal to the Bar Council and the Board to lift the limit of four CLP attempts.
By abolishing the current rule, many candidates would have both experience and qualifications that contribute to their ability to do their job well. Qualifications show that the students have the knowledge necessary for the profession, while experience proves that the students have experience in the field. – The Vibes, August 8, 2022
* The letter has been edited for brevity and clarity
