I set out my thoughts on how to modify existing hearings for a pupil to be Called to the Bar in Malaysia. This is during a time of movement control, social distancing and the Courts being cautious in allowing the number of people into the court rooms. I present three options. The first being a dramatically scaled down Call to the Bar ceremony. The second being a remote Skype hearing . The third, and least preferable, is to grant the Order for admission in the absence of everyone.
Present Call to the Bar Ceremonies
I write this based on my observations of the Call ceremony that takes place in the Kuala Lumpur High Court.
The Call ceremonies are largely confined to two or three Courts, being the Appellate and Special Powers Division.
A single Court may have up to 20 Call petitions fixed in one sitting. A senior lawyer (of more than 7 years’ PQE) would move the speech for the admission to the Bar. This lawyer is known as the mover. Most of the time, the pupil-master would also attend.
The three professional bodies would be represented, with lawyers from the State Bar, the Bar Council and the Attorney-General’s Chambers (AGC). The proceedings are held in open Court and with all lawyers robed. Upon the grant of the Order admitting the pupil, he or she would be robed and now recognised as an Advocate and Solicitor of the High Court of Malaya.
The Kuala Lumpur Court Complex is very crowded on such Call days. I set out a general estimate of the number of people attending for each pupil being Called to the Bar:
- 1 pupil being Called to the Bar.
- 2 immediate family members in attendance.
- 2 lawyers: one being the mover and one being the pupil-master.
- 5 other attendees: with extended family, friends and fellow pupils from the firm.
If there are 20 Call petitions, that can mean up to 200 people, give or take, all within the vicinity of the Court room. The attendees will either be sitting together for more than an hour or waiting in the corridor. This number does not include the three representatives from the Bar Council, State Bar and the AGC, the Judge, the interpreter and the other staff and security in the room.
There will then be a large crowd immediately after the Call ceremony. There is photo-taking right outside the Court room, within the Court complex, and people attending the post-Call refreshments in the canteen.
Having this number of people attending Court for the Call would now be impossible with social distancing.
I propose three options for the future.
Option 1: Scaled Down Call Ceremony
Being Called to the Malaysian Bar is a momentous occasion. It can only happen once in your lifetime. This option preserves the possibility of having a physical hearing.
The changes will mean a dramatically scaled down Call ceremony with these elements:
- 3 Call petitions are assigned a 30-minute block. This gives time for all attendees to exit the courtroom completely before the next 30-minute block.
- 1 lawyer to be the common mover to move the speech for the admission to the Bar. This lawyer can mention on behalf of the State Bar, the Bar Council and the AGC.
- To dispense with the presence of the pupil-master. The mover will robe the now-admitted Advocate and Solicitor.
- Maximum of 2 immediate family members to be present. Social distancing in the public gallery.
But even this would only mean 6 Call petitions to be heard in an hour. It would take three hours for one Court to complete 18 Call petitions. Half a day of judicial time is used up.
With this option, we would need more High Courts to carry out the Call ceremonies. The Courts may have to also consider scheduling all the Call ceremonies on a Saturday. The number of people attending the Call will not add to the weekday crowd of lawyers and litigants.
Even with this scaled down option, it may not be feasible. Too much time is required with the number of Call petitions.
Since I first wrote this, one reader has also informed me that her Call is now scheduled for this Friday. The Court is adopting something along the lines of Option 1. Only the mover or the master will attend, and it seems only with two immediate family members. The Court will have two staggered timings of 9.00am and 10.30am. Five Call petitions for each session.
Option 2: Remote Hearing for the Call to the Bar
The Courts have already conducted hearings by way of remote hearing on Skype. Under this Option 2, the Court will conduct Call ceremonies by way of Skype.
The Court would host each Call petition separately in one Skype call. In attendance on Skype could be:
- The Judge.
- The Registrar.
- The pupil.
- The lawyer moving the Call.
- The three representatives from the State Bar, Bar Council and the Attorney General’s Chambers.
- With special permission, two immediate family members to observe the Skype proceedings.
Nonetheless, with this Option 2, we lose the very symbolic moment of the pupil-master (or the mover) robing the pupil after the admission to the Bar.
Option 3: Being Called in Absentia
There is a third option. To me, this is the least preferable option. Being Called in the absence of everyone, or in absentia.
The Courts would administratively ensure that all the Call papers are in order. The three professional bodies would write in to confirm that they have no objections. The Court then makes the Order for admission to the Bar. The Registrar electronically informs the now-admitted Advocate and Solicitor
Conclusion
With movement restrictions and social distancing, I think we will now see a permanent change to the Call ceremonies. I do feel a big sense of nostalgia and sentimentality for the traditions of the Call ceremony. Read on LoyarBurok these excellent pieces on Reminiscing the Call to the Bar and A Meditation about Moving by an Occasional Mover. The effort put into crafting the Call speech, the tradition that was passed on with the pupil-master robing the pupil, and with the closing speech by the sitting Judge.
But for a long while now, I have seen the growing number of admissions to the Bar. I have seen too much judicial and lawyers’ time being taken up by the Call ceremonies. I wondered whether the Bar and the Judiciary needed to move to a mass Call ceremony like in Singapore and the UK.
Even a mass Call ceremony would now not be possible. Unfortunately, we may now have to see a transformation of the Call ceremony. That would mean having to discard many of the traditions unique to the Call ceremony here in Malaysia.