Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part IV · Privileges of Advocates and Solicitors
36. Advocate and solicitor to have name on the Roll before practice
Feedback & supportSubject to this section, no person shall practise as an advocate and solicitor or do any act as an advocate and solicitor unless his name is on the Roll and he has a valid practising certificate authorizing him to do the act; a person who is not so qualified is in this
advocate and solicitor
“advocate and solicitor” includes the executors, administrators and assignees of the advocate and solicitor in question. Legal Profession 141 Advocate and solicitor entitled to charge on property for costs
Act referred to as an “unauthorized person”.
A Judge may, upon application made in Chambers by a Master at the commencement of the pupillage of the Master’s pupil, make an order that the pupil be permitted to appear on behalf of the Master or of the firm in which the Master is practising—
during the period of three months from the date of the order—
before a Judge or a Registrar of the High Court, in
Chambers;
before a Sessions Court Judge or a Magistrate, in
Chambers;
before a Registrar of the Subordinate Courts, to mention a case, including entering judgment in default, or to apply for bail or to take a consent judgment or order; and
at the expiration of the said period of three months in chambers in the High Court and in the Subordinate Courts and before any Magistrate, to conduct any cause or matter.
The Judge shall make the order referred to in subsection (2) if he thinks it fair and reasonable to do so provided always that both the
Bar Council and the State Bar Committee have been served with the application and have had an opportunity to be heard on the application.
Bar Council
“Bar Council” and “Council” mean the central council of the Malaysian Bar established under section 47;
Legal Profession 43
The period of pupillage shall commence on the date of the filing of the petition referred to in subsection 15(5).
The Master of the pupil, the Bar Council or the State Bar
Bar
“Malaysian Bar” and “Bar” means the body corporate established under section 41;
Committee may apply at any time during the pupillage of any pupil to any Judge in Chambers for a variation or rescission of the order referred to in subsection (2) and the Judge shall make such order on such application as in all the circumstances seems to be in the best interest of the profession.
Nothing in this section shall be construed to prevent a legal officer from performing any of his duties without holding a practising certificate or make a legal officer who has no valid practising certificate an unauthorized person.
legal officer
“legal officer” means a qualified person in the judicial and legal service;