The Malaysian Bar - YLCs Post-46A Repeal

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YLCs Post-46A Repeal

Friday, 01 June 2007 08:18am

Contributed by the National Young Lawyers Committee

There have been some queries and discussions on the position of the Young Lawyers Committees at State levels (YLCs) after the repeal of the first limb of section 46A of the Legal Profession Act recently. This document serves to summarise the genealogy of YLCs and clarify any doubts.

Pre-s46A repeal

The Bar Council's National Young Lawyers' Committee (NYLC) was formed by a Bar Council resolution on 17 January 1998. This position was further strengthened at the 52nd Annual General Meeting (AGM) of the Malaysian Bar on 21 March 1998 by a resolution unanimously adopted calling for steps to be taken by the Bar Council to enable young lawyers to qualify to be members of the Bar Council or State Bar Committees or of any committee of the Bar Council or a State Bar Committee. In the same AGM, a resolution to oppose and record the Bar's dissatisfaction on the formation of the NYLC was defeated.

On 20 January 2001, the Bar Council approved a NYLC resolution which is in gist states inter alia:

1. That all State Bar Committees are to establish state level young lawyers' committees as sub-committees of the State Bar Committees by the next State Bars' AGMs in 2001.

2. Each committee shall comprise of 5-15 young lawyers depending on the size of the Bar in each State.

At the NYLC’s brain-storming meeting on 9-11 June 2006 at Selesa Hills Homes, Bentung attended by leading young lawyers from around Malaysia, a Plan of Action and Vision known as the “Selesa Conclusions” (see: http://www.malaysianbar.org.my/content/view/3247/133/) was formulated and adopted by consensus. The Plan provides inter alia:

1. We reaffirm that the NYLC aims to represent, protect and promote the interests of young lawyers of the Bar and to empower them to contribute to social good.

2. We recognise the following as the core aspirations of the NYLC:

2.1 To profile the NYLC as a platform for young lawyers to voice their views and concerns on issues affecting the Bar such as the administration of the Bar and professional practice, and on issues of public interest such as the administration of and access to justice, and law reform.

2.2 To maintain and nurture good working relationships with other Bar Council committees, various governmental agencies, NGOs, other organisations and the media, and to work together with these committees, agencies and organisations in rallying issues of concern affecting young lawyers and society in general.

2.3 To establish and/or re-activate Young Lawyers Committees at State levels and to provide opportunities for the effective networking and exchange of information, ideas and opinions among young lawyers of different states.

2.4 To collate and study data pertaining to the demographics of practice and working conditions of young lawyers, and to engage employers, the Bar Council and other stakeholders in constructive dialogue with the intention of creating a better and wholesome working environment for young lawyers.

2.5 To assist the education and enhance the continuing professional development of young lawyers in maximising their potential in terms of producing quality legal work, achieving a balanced and fulfilling career, and contributing to the Bar and social good.

Flowing from the Selesa Conclusions (particularly paragraph 2.3) and as a matter of re-affirmation of the January 2001 resolution, the Bar Council on 17 June 2006 (at its 4th meeting) adopted a fresh NYLC resolution with regards to the structure of State YLCs.

Post-s46A repeal

In a 4½ hour meeting on 17 November 2006, the NYLC made the following decisions post-repeal (see: http://www.malaysianbar.org.my/content/view/6057/133/):

• UNANIMOUSLY that State Bar YLCs and the NYLC should continue to exist as per the current structure adopted by the Bar Council.

• UNANIMOUSLY re-affirming the aim of representing, protecting and promoting the interest of young lawyers within the Bar and to empower them to contribute to social good, and the 5 core aspirations of the NYLC decided in Selesa Hills Homes on 11 June 2006 as inter alia providing a platform for young lawyers (YLs) to voice their views and concerns on issues affecting the Bar and assisting in the continuing professional development of young lawyers at the Bar.

• BY A MAJORITY adopting a practical working guide in defining the target group of YLs being those under 40 years in age or 7 years in practice.

• UNANIMOUSLY continuing the practice of inviting all members of the Bar to serve on the NYLC.

On 2 December 2006 (at its 10th meeting), the Bar Council adopted the NYLC’s said decision which in gist states as follows:

1. The NYLC and State YLCs shall continue to exist as per the current structure adopted by the Bar Council.

2. As a practical guide, the target group of young lawyers is defined as members who have been in active practice for 7 years or less and who are 40 years of age and below.

3. Membership of the Committees continues to be open to all members of the Bar.

4. The aims, objectives and vision of the Committees are as per the “Selesa Conclusions”.

Recent concerns

It has come to the attention of the NYLC that some State Bar Committees have decided not to re-constitute their local YLCs this term. Concerns regarding this have been raised with the NYLC. The decisions to discontinue the State YLCs are surprising and unfortunate. Particularly, these ‘closures’ effectively terminate formal links between the relevant State Bars and the NYLC in respect of initiatives taken by YLCs at other States and also by the NYLC. This will gradually isolate young lawyers in the affected State Bars, and reduce effectiveness of operations at the national level.

The NYLC is of the humble view that the discussion on whether YLCs or the NYLC should continue to subsist is settled. Instead, the Bar should call on YLCs and the NYLC to assist or contribute in whatever way it can to complement efforts to strengthen the Bar further. This is one of the core aspirations of the YLCs and the NYLC. Contrary to certain (mis-)perceptions, young lawyers do not divide the Bar, but rather seek to unite it. Our work speaks for itself.

Other jurisdictions such as those in America, Scotland, Australia and United Kingdom have Young Lawyers Committees. A ‘Google’ search will bear this out. Significantly, the International Bar Association has an established Young Lawyers Committee (see: http://www.ibanet.org/publicprofinterest/Young_Lawyers.cfm) and conduct specific young lawyers initiatives.
Candidates for office at a recent State Bar AGM have also been heard to support YLCs and the work of the young lawyers. The NYLC is encouraged and edified by the clear illustrations of support by these candidates.

The NYLC strongly urges the relevant State Bar Committees to re-consider their ‘closure’ decisions (in view of the Bar Council resolution on 2 December 2006) and to re-constitute their YLCs as soon as possible. The NYLC is prepared to provide any assistance possible as requested.

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