The Malaysian Bar’s International Malaysia Law Conference (“IMLC”) 2026 takes place from 27 to 30 Oct 2026 at MITEC, Kuala Lumpur.
By Laviania d/o Pathmanathan, Advocate and Solicitor, Laviania Pathmanathan & Co; Member, Bar Council Publications Committee
The session was conducted in a discussion format. It began with David Grief (Chief Executive Officer, David Grief International Consultancy Pte Ltd, Singapore) sharing his decades of experience as a Senior Chief Clerk, with a knack for identifying talented barristers to handle matters for solicitors in court. David has successfully applied his expertise gained in England to help establish Duxton Hill Chambers in Singapore.
Z J Jennifer Lim (Advocate, Duxton Hill Chambers, Singapore) explained that it is a group practice with a common brand, but all partners are independent and separate legal entities. They work together to build a team based on a client’s needs, expertise and niche to provide the best legal representation. On Malaysia’s position, Datuk Gopal Sreenevasan (Advocate and Solicitor, Endeavour Group Legal Practice) noted that it is not an alien or foreign concept to have counsel on board for a particular case, and this often involves senior members of the Bar. The establishment of a group practice brings greater exposure as well as more work for a barrister, who can now focus on oral and written advocacy rather than routine solicitors’ work.
Lee Ji En (Chief Executive Officer, Chambers Lab) stated that the barristers’ practice is often misunderstood as simply engaging Senior Counsel for a case. He said the essential structure of a barristers’ practice involves shared infrastructure and having advocacy available on call rather than on the payroll. The solicitor remains in control of the client relationship, while a barrister is available as part of the legal toolkit. The notion of creating an independent Bar is to ensure that an able barrister is always on hand to attend court when required.
In a barristers’ practice, there is a clear division of duties, with the barrister focusing on advocacy and the solicitor maintaining the relationship with the client. It is potentially cheaper, as the fees are fixed, overheads are lower and the barrister is appointed on an ad hoc basis. The client will also benefit from having a barrister who has time to apply his mind to presenting the bigger picture in court.
Currently, Malaysia does not have enough practitioners to replicate the model of the barristers’ practice in England and Wales. However, there is strong growth in the pool of lawyers who are interested in this practice. Fee negotiations are a major factor in determining the appointments of barristers and solicitors. The concept of a law firm manager is now gaining traction, as the manager plays the role of matching talent to the client’s needs.
Ji En described the solicitor as a general practitioner and the barrister as a specialist surgeon. The solicitor obtains the client’s history, background and understands the client’s needs. A barrister is then appointed to meet those needs, giving the client the best possible outcome for the case. The appeal of a barristers’ practice lies in the independence and greater autonomy it offers practitioners to take on cases that are important to them in building their portfolios. A practitioner will also be able to determine whether they prefer dealing with client conflicts or focusing on advocacy in court.
There will also be no conflict of interest between members of the group practice, as everyone remains an independent contractor. In Malaysia, there are already barristers’ practices — only small tweaks to the law may be needed to accommodate the concept of a barrister. The barristers’ practice will be beneficial to smaller firms, as they can focus on their niche. In Singapore, there is a template for a co-counsel agreement to formalise the appointment of parties. Conflicts of interest will not arise between members of the same group, as they form part of a collegiate that can operate under one brand while remaining separate legal entities.
In conclusion, all panellists agreed that there is no need to separate the currently fused legal profession in Malaysia. The barristers’ practice complements the current legal practice in Malaysia, with immense potential for growth and further enhancement of the profession.
*This article reports on Breakout Session 2, Stream B: Legal Profession and Professional Practice.