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Bar panel looks into revamp of trainee lawyer system

Yusfarizal Yusoff (right) of the Bar Council’s young lawyers committee receiving a petition about payment for trainee lawyers from lawyer Goh Cia Yee in December.

PETALING JAYA: A Bar Council committee said today that setting a minimum rate of payment for trainee lawyers, as demanded by young lawyers last month, could lead to legal firms turning to paralegal staff or legal associates with better experience.

The council’s National Young Lawyers and Pupils Committee said there were a few issues to consider when looking into a minimum remuneration scheme for lawyers undertaking a period of pupillage in chambers before they are called to the Bar.

Yusfarizal Yussoff, the committee’s chairman, said a fixed minimum rate for pupils could affect the intake of trainee lawyers “as the option would be open for firms to instead take paralegals or legal associates with better experience”.

He said the committee had studied the viability of a revamp of the pupillage system, through vocational training. “The Bar Council has proposed amendments to the Legal Profession Act to pave the way for the possible implementation of a Common Bar Course for single point of entry to the legal profession,” he said.

His statement comes a month after he received a petition containing 4,254 signatures in which a group of young lawyers highlighted a “culture of fear” during pupilage they said prevents young lawyers from speaking up about low allowances during their pupillage and sexual harassment.

They called on the Bar to implement a form of minimum pay or remuneration for pupils. At present trainee lawyers receive an allowance during their pupillage. The amount varies from firm to firm, and is set by their individual contracts with the firm.

Yusfarizal said the Legal Profession Act provides that payment of any allowances during pupillage was optional.

He said a minimum remuneration scheme could result in pupils moving to firms that provide better rates, and a concentration of pupils in such firms.

The current economic situation also affects legal firms in terms of their financial capability and ability to offer employment, he said.