The Argument
This discussion may be considered delicate, and has received mixed responses from Members of the Malaysian Bar since it was first mooted. Unlike all other professions in Malaysia that have implemented some form of mandatory continuing professional development, the Malaysian Bar has held off on this for a long time.
This despite the fact that there are clear acknowledgements that there is a need for continuing professional development in the legal profession; that there are gaps in access to, and opportunity for Members of the Bar and pupils in chambers to develop themselves professionally; and that there are numerous examples of the lack of legal knowledge and skills among Members.
Despite the varied responses, Members and pupils have generally been receptive to continuing professional development, as seen from the feedback we have received for the following category of events:
The implementation of the Goods and Services Tax (“GST”) in 2015 saw the attendance of many Members at GST training events, as they wanted to ensure that they were proficient in this area, which impacts directly on legal practice.
A total of 66 GST events conducted by private providers, Bar Council and State Bar Committees, were accredited from July 2014 up to the present time, with 5,895 Members, pupils and administrative staff of legal firms attending these events (based on attendance records received to date). This clearly demonstrates Members’ willingness to participate in CPD events which directly affects their legal practice.
This practice area has too become a hot topic. The CPD Department has received and continues to receive phone calls and emails from Members of the Bar with enquiries on banking requisite that now requires legal firms to show proof of participation in training on this practice area, in order to be eligible to do legal work for banks. More than 700 participants attended the 25 accredited events conducted in this practice area from July 2014 up to the present time, and there have already been inquiries about further training events that will be conducted throughout 2016.
On a parallel note, the CPD Department continues its collaboration with the Islamic Banking and Finance Institute Malaysia (“IBFIM”) to offer its Associate Qualification in Islamic Finance at substantially discounted rates for Members and pupils. This training is only conducted twice each year, and the first session for 2016 will commence on 2 April 2016.
The development of better and stronger advocacy skills proved popular in 2015. A total of 15 Advocacy Training Courses have been conducted nationally in 2015, with 313 Members and pupils given exposure to the personalised development of their advocacy skills. We have lined up 10 basic civil and criminal advocacy courses for 2016.
With the number of Members steadily increasing every year, the CPD Department is in consultation with the PII Committee on the possibility of conducting substantially subsidised training events for the benefit of Members and pupils. This is particularly relevant as the insurers consider the implementation of the CPD Scheme a factor that may influence insurance premiums and impact positively on the number of claims against Members.
The Budget
The budget is a tight one, and the PII Committee has committed to a sum of RM300,000 per annum for the CPD Scheme. Although the budget is small, the Bar Council aims to use this to provide training access to Members who may not yet have the financial wherewithal to fund their own training, and is recommending the implementation of this Scheme for the benefit of as many junior Members and pupils as possible.
Based on a review of the budget, taking into account venues, training content, speaker travel expenses and a variety of other factors, this budget can only cater to approximately 6,000 Members and pupils per year (approximately 30% of the Bar), with access to a total of 86 face-to-face events (over 43 days) nationally, and contribute to developing approximately 12 to 18 videos per year.
To determine which groups of Members would most benefit from this, we looked at the number of Members in each year of practice. We calculated that the Scheme can be implemented, at substantially subsidised rates of between RM20 and RM30 per person for a half-day of training which translates to 4 CPD points per year, to cater to Members called to the Bar from 1 July 2011 onwards, and to pupils who commence their pupillage from 1 July 2016 onwards.
Proposed Implementation
The implementation of the CPD Scheme, which will take effect from 1 July 2016 for 24 months until 30 June 2018 (“CPD Cycle 3”), is as follows:
- To be implemented on all Members called to the Bar from 1 July 2011 onwards, and for all pupils who begin their pupillage from 1 July 2016 onwards;
- The Scheme will thereafter continue for this group and over time, will be expanded to include a larger segment of the Bar, although this may not be on a subsidised basis;
- Members will be required to attain 16 CPD points in the 24-month cycle, with 8 of these points being attainable from the subsidised training events, and the other 8 CPD points from online training videos, among other things;
- It is targeted that the training in each Peninsular state per year will be conducted as follows:
*The number of events and days, and venue may be subject to change in the actual implementation of the Scheme.No. State No. of Events No. of Days Proposed Venue 1 Johor Bharu, Johore 4 2 State Bar Committee Auditorium 2 Muar, Johore 2 1 Hotel 3 Kedah and Perlis 6 3 State Bar Committee Auditorium 4 Kota Bharu, Kelantan 6 3 Hotel 5 Kuala Lumpur 10 5 State Bar Committee Auditorium 6 Malacca 6 3 Hotel 7 Negeri Sembilan 6 3 State Bar Committee Auditorium 8 Kuantan, Pahang 4 2 State Bar Committee Auditorium 9 Temerloh, Pahang 2 1 Hotel 10 Penang 6 3 State Bar Committee Auditorium 11 Ipoh, Perak 6 3 State Bar Committee Auditorium 12 Shah Alam, Selangor 8 4 State Bar Committee Auditorium 13 Petaling Jaya, Selangor 14 7 Hotel 14 Terengganu 6 3 Hotel - One of the difficulties faced in the implementation of the CPD Scheme for all Members of the Bar has been to cater to the variety of levels of legal knowledge among Members. The implementation of this CPD Scheme for the benefit of Members called from 1 July 2011 will allow the CPD Department to develop content specifically for this group, and as the Scheme continues, to develop content on a progressive basis for the different areas of practice. This will enable standardisation of the learning content and outcomes, which will, in turn allow Members and pupils to gain access to more structured and focused training for their professional development, rather than the current ad hoc training that is conducted.
- The proposed core areas of practice for this Scheme are:
(a) Civil Litigation (b) Criminal Litigation (c) Conveyancing (d) Banking and Finance (e) Company Law (f) Employment Law (g) Family Law (h) Islamic Law - In an online survey conducted in November 2015, Members who had been in practice from 1 July 2012 were approached to obtain feedback on a variety of areas, including when they preferred the training to be conducted.
The question asked was: “Would you prefer to attend face-to-face training events that are conducted on (a) Weekends; (b) Weekdays during office hours; (c) Weekdays after office hours”. Of the 79 participants who answered this question, 41.77% preferred (a); 40.51% preferred (b); and 17.72% opted for (c). This clearly suggests that the implementation of this Scheme should either be on weekends or if it is conducted on weekdays, it should be during office hours. We will explore the specifics of this within each state once this Scheme is implemented. - So what’s in it for you? The average half-day event normally costs between RM50 to RM150 for Members called to the Bar from 1 July 2011 onwards and pupils at the selected four hour courses will be capped at between RM20 to RM30. In addition, individuals from this group will be given 2 event vouchers usable at selected Bar Council and State Bar Committee events. This means that Members will be able continue to participate in training event on the next CPD Cycle.
- Are there proposed penalties for non-compliance? The Bar Council has categorically moved away from exposing non-compliant Members to disciplinary proceedings. Instead, the Bar Council proposes that after Members have been given every opportunity to comply with the Scheme and all time extensions for compliance have been exhausted, that a financial penalty be imposed. The Bar Council will take the necessary steps to do this in the implementation of the mandatory Scheme.
The proposed fines are as follows:
No of CPD points attained at the end of the cycle Proposed fine Zero RM500 1-7 CPD points RM200 8-15 CPD points RM100 - Pupils are currently required to attain 8 CPD points during the course of their pupillage. Taking into account the limited time frame, and obligations to Legal Aid, the Bar Council has recommended that all pupils who successfully complete the Ethics and Professional Standards Course be allocated 4 CPD points, and they will only need to attain another 4 CPD points during their pupillage from participation in other face-to-face or online training events.
The underlying objective of implementing a CPD Scheme is to invest specifically in the junior Members of the Bar, so that we can equip these individuals with the necessary skills and knowledge to become more competitive Members of the legal profession. For the time being, the investment available is somewhat limited, although we are hopeful that with the successful implementation of the Scheme, and the ability to forecast tangible numbers for the various events, we will be better positioned to look for sponsorship from third parties thereby enhancing the scope of free and subsidised training for Members in the future.
Share with us your feedback
If you would like to share your views about the CPD Scheme, please email Santhi Latha at santhi@malaysianbar.org.my and she will collate these responses for review by the Bar Council.
