While hanging about the Jalan Raja criminal magistrates in the afternoon in my second year of practice, a friend introduced me to a senior-looking lawyer. He was a Malay man in his late 50s or early 60s. He was a former prosecuting officer (PO) who now swung for the defence. He was not a deputy public prosecutor (DPP). Back then, police officers with the rank of Inspector could and would carry out prosecutions in the …
I was a member of the Kuala Lumpur Bar from 1999 until 2008 when my father decided to move the firm from Bukit Damansara to Mutiara Damansara. Since mid-2008 I have been a member of the Selangor Bar. Regardless where my office was or is located, my practice has primarily been based out of the Kuala Lumpur, Selangor (even then mostly Shah Alam and previously Ampang) and Putrajaya courts. I think of these areas collectively …
Preparing for arguments for court is now an exercise in labouriousness. Let’s take an application. The court will fix a schedule for the exchange of affidavits on the first case management date. Once that is completed the court will fix a schedule for the exchange of written submission. This is now taken as a matter of course. Now, no matter how simple and singular the contested issue might be, written submissions will be directed as …
During the course of our submission, the judge may interrupt us to pose a question. It may not be something we are addressing at that precise moment but at a later part of our submission. Should we tell the judge that we will address their question later because or should we address the judge immediately? This is high up on the list of frequently asked questions during my advocacy tutorials. This question arises in relation …
In Malaysia, there are actually two ways to be an advocate and solicitor. The first is the law degree route. You obtain a law degree from an approved university. A graduate from a foreign university must pass the English Bar exams or return home to Malaysia and pass the Certificate of Legal Practice (‘CLP’) exams to be eligible to apply to be a pupil-in-chambers (‘pupil’). For some local Universities, such as University Malaya, International Islamic …