The Malaysian Insight

THE Malaysian Bar is working on making the necessary changes to allow pupils to be paid reasonably during their pupillage period, said Salim Bashir.

The Bar president said, at present, there is no requirement for pupils to be remunerated by their masters as per the Legal Profession Act.

This enables the exploitation of pupils, who are not classified as an employee under the Employment Act, as their masters may pay below the minimum wage or drastically cut allowances during a crisis.

However, he said the proposal needs a delicate balance as seniors might be reluctant to take in pupils due to the minimum allowances requirement, and this may reduce the opportunities for the pupils.

“It is not a straight jacket formula and the idea of minimum allowances needs to take into account various factors, including business financial impacts and sustainability of most law firms due to the pandemic.

“We need to err on the side of caution and refrain from making popular decisions,” he said.

Pupilage is a mandatory nine-month training requirement for law graduates seeking to enter the legal profession.

The objective of pupillage is to give an opportunity to the pupil to gain some acquaintance with the work of an advocate and solicitor before commencing practice, and is completed under the supervision of experienced lawyers.

Before pupils are called to the Bar, they need their masters to sign their certificate of diligence, failing which would jeopardise their careers.

In recent weeks, calls have become louder for pupils to be paid a standard amount, and for them to be afforded proper legal protection.

Young lawyers reported that some pupils were paid only between RM400 to RM800 monthly, especially in northern peninsula states like Kedah. These pupils find it difficult to survive while being overworked, and have no right to take leave without permission from the Bar.

“We are studying the proposals and any future actions will include factors and situations during and after the pandemic.

“Though it has been advocated in the past, any serious attempts to realise and impose it during this period of time might have its consequences,” Salim said.

Last week, the Young Lawyers’ Movement submitted a petition to the National Young Lawyers’ and Pupils’ Committee chairman Yusfarizal Yusoff calling for the implementation of a minimum wage for trainee lawyers.

The petition has seen less than 5,000 signatures in support so far.

“We will also be handing it over to the Penang Bar Committee next week, followed by to the committees in Perak and Perlis,” said Goh Cia Yee, a representative of the movement.

Goh said other countries already have a standardisation for pupillage pay and Malaysia can follow suit.

“In Australia, they regulate minimum pay for all employees in the legal field since 2010 (including law graduates, law clerks and other employees).

“And in the UK, they have minimum pay for pupil barristers from 2018 and Hong Kong has had it since 2019.”

He said even though the Bar Council has indicated before that efforts were being done, the concern was whether it would see the light of day.

“Nothing is being implemented and we are clueless. If plans are kept internally, there will be no pressure to implement.”

Salim, meanwhile, said at present, pupil masters were paying other expenses including filing fees of chambering documents and attending relevant courses before the pupils’ admission as advocates and solicitors.

“At the moment, the pupils have a choice of applying to any firms whom they feel able to pay high remunerations or settle with any firms regardless of the amount of remuneration.” – December 27, 2020.