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The Bar Council disagrees with the statement of Datuk Seri Dr Rais Yatim, Minister in the Prime Minister's Department that reading in chambers may be a 'false front of cheap labour'.

Reading in chambers is an age-old system by which a fresh law graduate undergoes a practical training period of nine months under the direct supervision of a 'master' in a legal firm before being called to the Bar. An advocate and solicitor must have at least seven years' standing before he is allowed to act as a master.

Datuk Dr Rais Yatim must appreciate that the money paid to a chambering pupil by his or her master's firm constitutes an allowance, not a salary. As such, the amount a pupil receives is comparatively lower than that of a salary. The simple reason for the grant of an allowance and not a salary is that the pupil is undergoing training whilst carrying out the work, somewhat akin to a medical student in housemanship. A distinctive feature of chambering is that a master bears full responsibility for any mistake made by his pupil. This is not the case in normal employment. In fact, some senior lawyers testify that while they were pupils in England, they had to pay their masters a fee before being accepted as pupils. This is indicative of the educative role a master has in relation to his pupil, and the benefit a pupil derives from his status as a pupil as opposed to a normal employee.

The Bar Council also draws attention to the fact that a chambering pupil is entitled to attend programmes organised by the Continuing Legal Education Committee of the Bar Council as part of his practical training.This, and also compulsory attendance at an Ethics Lecture and a test which follows seeks to ensure that a pupil develops a certain level of competence in practical legal education and hone his courtroom skills. The 'short-call' after three months of chambering which gives a pupil right of limited audience in court during chambering also provides the pupil with an opportunity to develop his courtroom skills under the supervision of his master before being exposed to the challenges of full audience in court.

The Bar Council advocates the continued practice of chambering as a pupil can derive much benefit from being supervised in day-to-day legal work by a senior lawyer who has much working knowledge to offer. That supervision, whether directly through consultation or observation, in the atmosphere of a legal firm among other lawyers, can provide a solid foundation for a pupil to experience various fields of legal practice first-hand and give him an inkling of what he wishes to pursue after he is called to the Bar whether in litigation, conveyancing or in corporate work. A faithful implementation of the chambering system by both master and pupil alike will give a pupil an enriching and fruitful experience of learning how the law is applied in real life situations, the handling of clients and files, interaction with junior and senior lawyers, and representing clients in court although in a limited capacity.

The Bar Council is aware that the chambering process can be improved and enhanced. The Council is also fully cognisant of the fact that the chambering process is open to abuse by a master.Just like any other man-made system, including the most noble and well-designed in the world, it has its failings.However, the weakness of any system, cannot be the sole ground for its abolition. For instance, lawyers and litigants alike know that the court system has its fair share of  weaknesses.Yet no right-thinking person has called for its replacement or a change in its governance. A master can be made more accountable. Guidelines on the  duties of masters can be issued.Avenues are open for complaints by the pupil. Alternatively, the pupil is free to apply for a change of master if he is dissatisfied with the lack of guidance provided or if he wishes to be exposed to a different field of legal work.To describe chambering as a 'false front for cheap labour' as a justification for making it part of the university system not only avoids the issue of improving the system but creates a fertile ground for more abuse.                    ·

The benefits of chambering are manifold and principally it prepares a pupil for practice  as a "qualified  person". Other professions also have an "under-study" period e.g. housemanship, articles etc. More serious and strenuous "under-study" is in fact advocated by all the professions.

The Bar Council regrets the remarks by Datuk Dr Rais Yatim.

Dated this 18th day of January 2002.

Mah Weng Kwai
Chairman
Bar Council