Circular No 027/2019
Dated 18 Feb 2019
To Members of the Malaysian Bar and pupils in chambers
New Ruling: Contract Of or For Service between Master and Pupil
Pursuant to section 57(a) of the Legal Profession Act 1976, the Bar Council has adopted Ruling 10.09, as proposed by its Legal Profession Committee.
Ruling 10.09: Contract of or for serviceA master shall not, under any circumstance, enter into any contract of or for service, with his/her pupil.
It has come to the attention of the Bar Council that there are masters who enter into contractual agreements with their pupils in chambers (“pupils”) to govern the master–pupil relationship.
The Bar Council’s position is that it is conduct unbecoming of a master to enter into a contract with his or her pupil. The master–pupil relationship is a statutory obligation, and there is no employer–employee relationship.
This Ruling aims to protect pupils from possible exploitation by masters.
Please note that the Ruling takes effect on 18 Feb 2019 (Monday).
Members of the Bar are strongly urged to ensure compliance with Ruling 10.09.
Should you have any enquiries, please contact Malathi Mohan, Senior Officer, by telephone at 03–2050 2150, or by email at [email protected].
Thank you.
Roger Chan Weng Keng
Secretary
Malaysian Bar
This circular may also be accessed here.