Procedures of transferring your pupillage-The Complete Guide

Hello, fellow pupil! Today I will be sharing with you the procedures and precedents for the transfer of pupillage. The procedures and precedents that I will be sharing is not foolproof, it might vary from case to case. However, it should provide you with the general guideline on the transfer of pupillage.

Now and then, I have friends or friend of a friend asking me for the procedures and precedents for transfer. It came to my realisation that maybe is time to pen it down and share with all of you who needs it.

But before that, I suggest that you do take the following into consideration before transferring:

• Whether you have found a new firm?
• Whether your current master is agreeable to your transfer?
• Whether your current master is agreeable to sign your Borang 8?
• Technically, your current master have sign your Borang 8, unless your screw up big time which gives your current Master a good reason not to sign your Borang 8.

Should none of the above work out for you, you may alternatively consider withdrawing your petition. However, if you are already halfway through your pupillage and in desperate need to transfer, you may try to write in to Malaysian Bar to seek permission for a short break while you look for a new firm.

TRANSFER OF PUPILLAGE

Step One: Notice of Change of Master

When you found a new firm who is willing to accept your transfer, the first thing you need to do is to file in your Notice of Change of Master. Remember, unless with the consent from Malaysian Bar, there should not be any gap between the last day at your previous firm and the first day at your new firm. Efile it under “Notis Penukaran Peguamcara”. 

There is no need to extract the Notice of Change of Master. After filing it, you may proceed to serve the Notice of Change of Master to the three bodies. However, if you are transferring to another state, serve the Notice of Change of Master to the new state bar together with your Borang 1 and 2. There is no need to file Affidavit of Service for Notice of Change of Master.

Once Malaysian Bar receive your Notice of Change of Master, they will write in to your previous firm confirming as to whether you have taken any leave during your pupillage and whether your previous Master is agreeable to your transfer.

Notice of Change of Master Draft: https://drive.google.com/open?id=1j9Zcg82iCXjMMi7blXdyxBOsOMhSl7s0

Step 2: Short Call

For those who have not filed their short call application before the transfer, you may proceed to file Borang 3,4 and 5 as usual.

For those who already obtained their short call order before the transfer, should your new firm require you to attend court, you would need to file in a second short call application, Saman Dalam Kamar support by two affidavits . The second short call application is similar to Borang 3,4 and 5, but DO NOT file Borang 3,4 and 5 for your second short call as the content for second short call is different.

After extracting your short call application:

• serve Borang 3,4 and 5 (or the equivalent for second short call) to the three bodies;
• file affidavit of service for Borang 3,4 and 5 (or the equivalent for second short call);
• collect Letter of No Objection from Malaysian Bar+State Bar and submit the same to RKKK;
• obtain PSP;
• file Short Call Order;
• serve Short Call Order to the three bodies.

After obtaining Short Call Order, there’s pretty much nothing else you need to worry about for the transfer.

Saman Dalam Kamar + Affidavit Draft: https://drive.google.com/open?id=1uWn8jxuWQQSTntCK4Bl7DE_PjIQxnJxr

Step 3: Confidential Report

Before you can file your long call application, you would need to obtain the Confidential Report from the state bar. For those who transfer to a different state, you might want to take note that there might need to obtain two confidential reports, each from the former and current state bar.

My advice is that if you are transferring to a different state bar, make it a habit to serve all necessary cause papers and/or documents to four bodies (AG Chambers, Malaysian Bar, Former State Bar and Current State Bar).

Step 4: Long Call

Take note that your long call application would vary slightly if there is a transfer. For Borang 6, there would be an additional paragraph to state that you undergone pupillage with two masters and also to exhibit two Borang 8, each from the former and current master.

Borang 6 Draft : https://drive.google.com/open?id=1V2WVrwj-eHctDjxqFH4nMZtJWAC4bHkG

– End –

Well, I hope this write up is able to shed some light on the transfer of pupillage. I wish all of you the best of luck.

Godspeed, Soldier!

Carmen Lai is an Advocate & Solicitor of the High Court of Malaya, currently practicing at Koh Dipendra Jeremiah Law, and have vast experience in assisting Pupils in their journey and solving their issues. By contributing her efforts to write this article, she is forever immortalised in BrainyLaw’s Roll of Honour, being the second Honourable Guest Writer of BrainyLaw.

The team at BrainyLaw salutes and commends Carmen Lai for her noble efforts, and would like to thank her for writing this article and also sharing the documents that she drafted, of which we believe would be helpful for the people that they are intended for (and we will even deliver a RM50 Starbucks Gift Card as a token of appreciation!).

Draft Documents as per drafted by Carmen Lai and edited by Weera. If you have any questions about the procedure, feel free to contact Carmen for help. In the event that you require some guidance on how to e-file the documents above, you can refer to the tutorial written by Weera at https://brainylaw.wordpress.com/2018/03/09/how-to-e-file-your-pupilage-forms-borang-12345-2018-from-a-noob-to-getting-short-called/ , of which the same principle and procedure would apply for the purposes of filing the documents attached in this article. You can text Weera at 013-2959836 (last resort!) if you need any help. 

 

Also for urgent help and enquiries, you can join 1 of the 4 (or all if there’s space) of BrainyLaw’s Whatsapp or Telegram Pupil Support Group for discussion.

1st Pupil & Lawyers Support Group (257/257 members): https://chat.whatsapp.com/CrczwjyeDfrCRH1g0uMnZm

2nd Pupil & Lawyers Support Group (257/257 members): https://chat.whatsapp.com/KqrHy75o36hE2VDFOBCaaK

3rd Pupil & Lawyers Support Group (256/257 members):

https://bit.ly/2L66WZB 

Update 23.02.2019: All the 3 Whatsapp Pupil & Lawyers Support Group are full and is subject to availability. Therefore, we create a new Telegram Pupil & Lawyers Support Group which may support up to 200000 members! (Even the whole Malaysia have only 20000 lawyers only. Download Telegram on your phone and join the group at the link down below so that all of us can assist each other out!

Telegram Pupil & Lawyers Support Group (Unlimited Members):

https://bit.ly/2SYx9kd

See you guys there!