Sunday, October 15, 2006

Breakdown of lawyers by etnic groups

A few CLP (Certificate in Legal Practice) candidates wrote to The Star and NST complaining about the low passing rate of the exam and ask for more transparency.

In a separate note, I came across the statistics on the breakdown of lawyers by etnic groups. The order of the data is Bumiputra, Chinese, Indian.

Year 2000: 3118 , 3861, 2588

Year 2005: 4465, 4354, 2834

I will leave it to you to make your own interpretation and judgement.

I am reading the book "Affirmative Action Around the World" by Thomas Sowell. I will blog it later.

7 comments:

Anonymous said...

Here's my 2 cents of opinon on why the CLP pass rates is so low (as an exCLP student)

1. Lack of official guidance
There are no Examiner's Reports - so students must rely on the local colleges to provide them the necessary guidance on what to write for in the exams.

2. Set by practitioners
It is good that the latest cases and some practical questions are being asked since these would differentiate between A class students and the rest. However, to set the exams substantially on new and foreign materials is too harsh. A combination of questions based on the fundamental issues and more complex questions would be fair.

It is impossible to answer all brand new complex legal issues based on the time constraints set in the exams.

3. Foreign graduates
Whilst there are some BJur students, most of the CLP sitters would either have done the Uni of London External or foreign degrees. Given the voluminous materials of the CLP exams, it is difficult for them to even pass given the short duration to prepare for the CLP (approx 9 months). This is especially the case if the questions are set on an obscure point of law rather than on fundamental issues.

4. Consistency and style of examiners
I believe that whenever there a switch of examiners, it can be expected that the emphasis would change. However, other examination bodies (eg. Accountancy) would have articles written specifically for students giving some guidelines on what to expect so that students are not caught totally unaware in the exams. This can clearly be seen in the tort question for 2006.

5. Quality of marking
There is also the issue as to whether the exams scripts are remarked for borderline cases. Hopefully the CLP Board has some control mechanism so that those of the borderline cases are duly reconsidered.


CM

PS- feel free to disagree

Wong Hon Wai said...

In short,

1. Know the fundamental.
2. Read up the lastest cases.

I have mentioned in my earlier posting that I have cited the case of Bungsar Hill (Federal Court 2005) when I sat for the CLP exam in 2005. This was not covered in the syllabus then.

I have the opportunity to hear both sides arguing over this case in Court yesterday. It was a rewarding experience.

For the prospective candidates, my suggestion:

Familiarize yourself to the procedural aspect by working as typist or research assistant in a litigation firm. You will have first-hand experience to draft (or rather type) a statement of claims for instance.

Anonymous said...

HW,

Your comments are sound. But consider the position of an average overseas students:

1. 9 months of full time study
2. Approximately 10 topics to get the fundamentals right
3. No access to latest cases - MLJ provided by Brickfield College is not updated
4. Necessity to practice exam questions
5. Conversion from UK / Aussie law to Malaysian [c/f B.Jur students].

Most of these students just want to pass and they won't have your advantage, namely the 4 years of familiarity with Malaysian law.

Perhaps that's why it's hard to passs for them?

cm

Wong Hon Wai said...

CM,

When there is a will, there is a way.

1. If 9 months is too short, then one can take longer time. A top scorer from my batch took a gap year before the CLP.

In fact, I have started buying CLP books and statutes in my final year of B Juris. I started the study plan one day after my final exam.

2. 10 topics? Should cover all topics.

3. BTW, Bungsar Hill can be accessed in the following link.
http://www.kehakiman.gov.my/jugdment/fc/archive/CIVIL%20APPEAL%20NO.%2003-2-2004%20(W).htm

4. Many of my B Juris coursemates have to make several attempts. In my batch, about 8 to 10 of us make it in our first attempt (inclusive conditional passes). I don't have the number of us who were sitting for CLP. There were about 60 of us in the B Juris convocation.

Anonymous said...

Hw,

I guess you are right on the taking an additional year. Just that for some students, real life is waiting.

Taking another year would mean almost 5 years b4 they qualify as lawyers (inclusive of chambering).

When I meant 10 topics - it was actually 10 subjects.

1. Criminal
2. Civil
3. Evidence
4. Contract
5. Tort
6. Land
7. Bankruptcy
8. Succession
9. Legal Profession
10. Ethics

I am not surprised B.Jur students do well in CLP after studying for it over a period of 4 years. Just wanted to comment that it's hard for overseas graduates...that's all.

Anyway, all the best for you in the legal profession. I think you'll do extremely well since you your love for law really shines.

CM

Wong Hon Wai said...

CM, all the best to you too.

In real life, there are more than 10 subjects to cover. Health, family, financial, social contribution are also part of it.

Anonymous said...

Hw,

Haha... you are right about life. Anyway, I was doing CLP part time as well - in fact I think we were class mates - 2005 part time batch at Brickfields right... :)

BTW - can you send me the soft copy of the following articles in your blog post "Pupillage in Malaysia" May 18 2006?

The links are not working.

agewisdom[at]gmail[dot]com

CM