The Malaysian Bar - Young Lawyers Convention 2011: The Malacca Statement

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Young Lawyers Convention 2011: The Malacca Statement

Wednesday, 06 July 2011 02:19pm

Recognising :-

1. That the National Young Lawyers Committee of the Bar Council represents ALL young lawyers of the Malaysian Bar;

2. That by seniority in the Malaysian Bar, more than sixty (60) percent (60%) of the members of the Malaysian Bar are in practice for 3 years or less; and

3. The need for ALL lawyers to continuously strive for self-improvement and self-development in all areas of practice;

Acknowledging :-

1. The imminent liberalisation of the Malaysian Legal Services by the Malaysian Government by allowing non-Malaysian owned Legal Firms to operate and offer legal services in Malaysia;

2. The proposal by the Bar Council to put forward a Motion at the coming Annual General Meeting of the Malaysian Bar¹ to call for the continuing compulsory professional development of the members of the Malaysian Bar;

3. The National Young Lawyers Committee’s intent to conduct a working conditions survey for Young Lawyers of the Malaysian Bar with the view and intent to conduct forums and talks with relevant parties to improve the working conditions of Young Lawyers;

4. That a lawyer has a duty to uphold the cause of justice without regard to its own interests uninfluenced by fear or favour and that a lawyer has a duty to protect and assist the public in all matters ancillary or incidental to the law, Young Lawyers are now the forerunners of activism in Malaysia; and

5. That the bearing and standing of the members of the Malaysian Bar will create a better Bar;

AND reaffirming the spirit and intent of :-

1. The Statement of the Young Lawyers Convention of 2003, at Cherating dated 6/4/2003;

2. The Statement of the Young Lawyers Convention of 2005, at Pangkor dated 30/1/2005; and

3. The Statement of the Young Lawyers Convention of 2008, at Penang dated 20/1/2008;

The Delegates of the Young Lawyers Convention 2011 call for the following :-

1. Liberalisation of the Bar

1.1 That the Delegates demand that the Bar Council continue to protect the members of the Malaysian Bar in anticipation of the liberalisation of the Bar;

1.2 That the Delegates are concerned of the unknown and uncertain extent of the liberalisation and demands that the Government of Malaysia be transparent in this issue and show due respect to the Bar by informing and updating the Bar Council on their proposed changes;

1.3 That the Delegates support the proposed gradual liberalisation of the Bar as propounded by the Bar Council;

1.4 That the Delegates urge the Bar Council to persuade, convince and negotiate with the Government of Malaysia to accept the Bar Council’s proposal on this issue and as indicated in 1.3 above; and

1.5 That the Delegates recognise that the liberalisation of the Bar would be a positive move forward to improve the quality of Legal Services in Malaysia;

2. Continuing Professional Development (“CPD”)

2.1 That the Delegates recognise the importance of CPD as a Lawyer;

2.2 That the Delegates fully support the Bar Council’s proposal to put forward a Motion at the coming Annual General Meeting of the Malaysian Bar² to call for the compulsory involvement of the members of the Malaysian Bar in CPD and to promote the same among the members of the Malaysian Bar; and

2.3 That the Bar Council explores the possibilities of using innovative and alternative methods of hosting, conducting and organising any courses in respect of CPD;

3. Working Conditions

3.1 That the Delegates acknowledge the need to constantly improve our skills and knowledge in order to demand for better working conditions;

3.2 That the Delegates demand an immediate national review of working conditions of lawyers particularly the younger members of the Bar and in particular relating to remuneration schemes of a young lawyer, and mandates the National Young Lawyers Committee of the Bar Council to conduct relevant surveys / studies to substantiate the views of the Delegates of the perceived poor remuneration package of young lawyers within six (6) months from the date of this Statement; and

3.3 That the Delegates mandate the National Young Lawyers Committee to conduct, upon completion and publication of the survey results; talks and forums with the relevant parties reflecting the essence of the survey results;

4. Activism and the Bar

4.1 That the Delegates in spirit and intent support the idea of activism and fully wish to participate in the same; and

4.2 That the Delegates, in particular the Delegates who are employees, are concerned that any involvement in activism may have an adverse effect on their employment and request the assistance and support of the Bar Council to give these Delegates the opportunity to take part in activism;

5. General Call of the 4th Young Lawyers Convention 2011

5.1 That the Delegates voice their deep concern and regret of the current and recent spate of violations of basic human rights and fundamental liberties as enshrined in the Federal Constitution; and

5.2 That the Delegates demand that the Government of Malaysia respect, embrace and uphold the Federal Constitution which protects the rights of the Malaysian people.

Dated 3rd of July 2011

4th Young Lawyers Convention 2011

Malacca

¹ Subject to Bar Council’s deliberation.

²Subject to Bar Council’s deliberation.

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