Debate on oversupply of lawyers

If we define a “qualified person” as one who is well trained, willing to work hard and dedicated to the ethics of the profession, then there is no glut.

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The law is not an end in itself, nor does it provide ends. It is pre-eminently a means to serve what we think is right.

William J. Brennan, Jr.

Roth v. United States, 1957

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IN enforcement of laws and the administration of justice, without disregarding the structure of commercial and other transactions that people enter into, lawyers have an important role to play.

Many of those who aspire to be lawyers, like everyone else, want to be sure that they do not study in a field in which, when they graduate, there is an oversupply and, therefore, absence of demand.

A reader has written in to say that he is interested in obtaining a Bachelor of Laws (LLB), but has been told by a friend who is a law graduate that due to the oversupply of lawyers, he needs to get the LLB from a top university in the United Kingdom. He has been told that if he obtains an LLB from a low-ranking or middle-ranking university, that is a bad investment.

It is likely that different parts of the question posed will be of interest to either individuals in their own right or parents who want their children to study law to become lawyers.

It is necessary to explain the position of a person obtaining an LLB on one hand and becoming or being a lawyer on the other. Whilst many lawyers have an LLB, not every holder of LLB is a lawyer.

To quote Roscoe Pound in What is a Profession, historically there are three ideas involved in a profession – namely organisation, learning and a spirit of public service. These are essential. The remaining idea, that of gaining a livelihood, is incidental.

“Lawyer” is used as a general term for a person who is qualified to advise people about the law, to prepare legal documents for them or to represent them in a court of law. In certain instances, he may be involved in all these.

The profession is sub-regulated by the Legal Profession Act 1976. It declares itself to be an Act to consolidate the law relating to the legal profession in Malaysia. However, it provides that different dates will be appointed for its coming into force in Peninsular Malaysia, Sabah and Sarawak.

The Legal Profession Act 1976 came into force in Peninsular Malaysia on June 1 1977. In the meantime, those who practise law in Sabah and Sarawak continue to be governed by the Advocates Ordinance (Sabah Cap 2) and Advocates Ordinance (Sarawak Cap 110).

These statutes do not use the word “lawyer”. Instead, “advocate and solicitor” is used in Peninsular Malaysia and “advocate” in Sabah and Sarawak. So when people use the word “lawyer”, they can only be considered to intend to refer to what is under the regulating law referred to as in “advocate and solicitor”, or advocate.

Under the existing legislation, it is only an advocate and solicitor, or advocate (excepting legal officers and officials representing the State, pleaders and others excepted and allowed to appear) who have the exclusive right to appear and plead in all Courts of Justice in the country.

To be an advocate and solicitor, or advocate as the case may be, the person must be a “qualified person”. Getting a Bachelor’s Degree in Law may not in every case make the person a qualified person.

Graduates of certain universities are immediately qualified persons. In other cases, the degree of Bachelor of Laws only amounts to an academic qualification which must be supplemented by the Bar Examination or a Certificate in Legal Practice.

Such individuals must then complete a period of pupillage known commonly as “reading in chambers” for some nine months.

Having complied with the requirements of such a period and all that which must be attended to, the person then becomes eligible to ask to be enrolled as an advocate and solicitor, or advocate as the case may be.

Thereafter, a person is eligible to be involved in the practice of the profession but must, in order to do so and continue to do so, apply to obtain, and continue to hold, a practising certificate. This requires prior obtaining of the annual certificate from the governing body for an advocate and solicitor, or advocate as the case may be.

There is room for difference of opinion on whether there is an oversupply of lawyers in the country.

The more correct position would be that if one were to just count the number of persons who are “qualified” in the technical sense, there may well be an oversupply. However if one means a “qualified person” who is well trained, willing to work hard and dedicated to the ethics of the profession, then there is no oversupply.

In Value and importance of legal studies, Joseph Story says, “I will not agree with Lord Hale that The Law will admit of no rival ... but I will say that it is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favours, but by lavish homage.”

In the light of what I have said, an LLB from a top university in the UK would no doubt be a valuable asset and give a person a good start in proceeding towards the legal profession, but it is not the end-all of everything that is required to be a lawyer who will do justice to his profession.

> Bhag Singh says that the legal profession is a demanding one and being a lawyer in demand does not depend on a good degree alone. Any comments or suggestions for points of discussion can be sent to [e-mail]. The views expressed here are entirely the writer’s own.