Chapter 8: Legal Profession

What are the two main branches of the public legal sector in Malaysia?

1. Judicial Service: Serving as a Judge or Magistrate.

2. Legal Service: Working as a government lawyer in the Attorney General's Chambers (AGC) or various ministries.

What is a Peguam Syarie?

A lawyer qualified to practice in Syariah Courts, handling Islamic personal and family law for Muslim clients. This profession is governed by state laws rather than the national Legal Profession Act.

Explain the principle of Security of Tenure for judges.

Judges hold office until the age of 66 and cannot be easily removed except for misconduct or incapacity. Furthermore, Parliament cannot discuss a judge's conduct without a special request.

What are the requirements for appointment as a Superior Court Judge?

• Must be a citizen.
• Must have at least 10 years of experience as a lawyer or in the government legal service.
• Appointed by the YDPA on the Prime Minister's advice after consulting the Conference of Rulers.

What is a Judicial Commissioner?

A temporary judge appointed on a 2-year contract, often serving as a probation period before potential appointment as a full High Court Judge.

What are the dual roles of lawyers within the Attorney General's Chambers (AGC)?

1. Prosecutor: Prosecuting criminal cases on behalf of the state.
2. Legal Advisor: Providing legal advice to ministries and representing the government in civil cases.

What is the process to become an Advocate & Solicitor in Peninsular Malaysia?

1. Obtain a recognized Law Degree.
2. Pass the Certificate in Legal Practice (CLP) or Bar Exam.
3. Complete 9 months of Pupillage (chambering).
4. Formally be Admitted to the Bar by the High Court.

What was the significance of the Victoria Jayaseele Martin case?

It affirmed the requirement that one must be a Muslim to become a Peguam Syarie, as a non-Muslim lawyer with Islamic knowledge was denied entry to the profession.

Compare Mediation and Arbitration in Alternative Dispute Resolution (ADR).

• Mediation: A neutral mediator helps parties negotiate an agreement, but does not decide the outcome.
• Arbitration: A neutral arbitrator hears the case and makes a binding decision, governed by the Arbitration Act 2005.