In recent times, the “Madani” [trustworthy] government has publicly declared it wishes to reform the Legal Profession Qualifying Board (LPQB), which was established under Part II of the Legal Profession Act 1976.
The role of the LPQB is to maintain standards and determine qualifications for admission of advocates and solicitors in Malaysia – a responsibility that directly shapes the future of the legal profession and its ability to act without fear or favour – and most importantly, the duty lawyers play in providing invaluable legal advice and representation to the public.
The Malaysian Bar recognises that, with the effluxion of time, some reforms of the LPQB may be inevitable.
However, all proposals for reform should be scrutinised on their individual merits to ensure that they strengthen and do not undermine or compromise the LPQB’s autonomy, as this can affect the standards of competency of lawyers and their ability to advise and represent their clients – the rakyat (people).
The independence of the LPQB is inseparable from the independence of the legal profession itself – a principle recognised internationally as fundamental to the rule of law.
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The International Bar Association’s Standards for the Independence of the Legal Profession affirms that:
An equitable system of administration of justice which guarantees the independence of lawyers in the discharge of their professional duties without any improper restrictions, pressures or interference, direct or indirect, is imperative for the establishment and maintenance of the rule of law.
As aptly observed by the Australian jurist Michael Kirby, as quoted in a report by the IBA on the Independence of the Legal Profession: “Where there is no independent legal profession there can be no independent judiciary, no rule of law, no justice, no democracy and no freedom.”
In reforming the LPQB, the overriding objective must be to ensure that the LPQB operates independently and professionally, without compromise and interference from any quarter, as there can be no compromise on legal education and the legal profession.
The Malaysian Bar looks forward to working with all stakeholders in open, transparent and good-faith dialogue, guided by clarity of purpose and an unwavering commitment to the public interest and the rule of law.
The future of the legal profession, the interests of the public, as well as the cause of justice in a democratic Malaysia, can only be served by an independent and meaningful LPQB. – Bar
Anand Raj is the vice-president of the Malaysian Bar.
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
