General Practice Law at Malaysia
General Practice Law in Malaysia is rooted in the common law legal system, influenced heavily by the British legal tradition due to Malaysia’s colonial history. Malaysian lawyers (called advocates & solicitors) are licensed to practice across various fields, such as civil, criminal, family, corporate, and constitutional law. The legal profession is governed by the Legal Profession Act 1976 and administered by the Malaysian Bar Council.
⚖️ 1. Legal System in Malaysia
Type: Common law system (British influence)
Legal Sources:
Federal Constitution – The supreme law of the land.
Statutory Law – Acts passed by Parliament.
Judicial Precedent – Binding case law.
Islamic Law (Shariah) – Applies to Muslims in matters of personal and family law.
Customary Laws – Apply to indigenous communities (e.g. Adat and Native Customary Rights in Sabah & Sarawak).
🧑⚖️ 2. General Practice Areas
General practice lawyers in Malaysia handle a wide range of legal services:
🔹 Civil Law
Contractual disputes
Property and land matters
Personal injury and negligence claims
Defamation
🔹 Criminal Law
Representation in court for theft, fraud, drug offenses, assault, etc.
Bail applications
Appeals and mitigation
🔹 Family Law
Divorce and annulments
Custody and maintenance
Muslim Family Law (governed by Syariah courts for Muslims)
Adoption
🔹 Constitutional & Administrative Law
Judicial review of government actions
Human rights and public interest litigation
🔹 Labour & Employment Law
Wrongful dismissal claims
Industrial relations disputes
Employment contract drafting and enforcement
🔹 Corporate & Commercial Law
Company incorporation
Shareholder agreements
Mergers & acquisitions
Franchising & licensing agreements
🔹 Conveyancing & Real Estate
Sale & purchase agreements
Loan agreements and bank documentation
Lease, tenancy, and strata management
🔹 Probate & Estate Law
Drafting wills
Grant of probate / letters of administration
Estate distribution and disputes
🏛️ 3. Judicial System in Malaysia
Malaysia has a dual-track legal system:
🔸 Civil Courts (for all Malaysians)
Magistrates' & Sessions Courts – Lower courts handling minor civil and criminal cases.
High Court – Handles serious matters and appeals from lower courts.
Court of Appeal
Federal Court – The apex court of Malaysia.
🔸 Syariah Courts (for Muslims)
Handle family law and religious offenses under Islamic law.
Jurisdiction is limited to Muslims and personal matters (e.g., marriage, divorce, inheritance).
🎓 4. Becoming a Lawyer in Malaysia
Law Degree (LLB)
From a local university (e.g. UM, UKM) or recognized foreign universities (UK, Australia, etc.).
Certificate in Legal Practice (CLP)
Mandatory for most foreign law graduates.
Pupillage (Chambering)
A 9-month period of apprenticeship under a senior lawyer.
Called to the Bar
Admission as an Advocate & Solicitor of the High Court of Malaya or High Court in Sabah & Sarawak.
💬 5. Language of Legal Practice
Official Language: Malay (Bahasa Malaysia)
Widely Used in Practice: English, especially for contracts, court submissions, and commercial matters.
💼 6. Legal Practice Structure
Sole Proprietorships & Partnerships – Common forms of law firms.
Boutique Law Firms – Specializing in specific areas like IP or employment law.
Large Firms – Offer full-service legal assistance to corporate and international clients.
In-house Counsel – Legal professionals working for corporations and government entities.
💸 7. Legal Fees
Regulated in Some Areas (e.g., conveyancing, probate)
Hourly or Fixed Rates for others
Pro bono & legal aid available through:
National Legal Aid Foundation (YBGK)
Malaysian Bar Legal Aid Centres
📌 Summary Table
| Aspect | Details |
|---|---|
| Legal System | Common law (civil & Syariah components) |
| Bar Authority | Malaysian Bar Council (Peninsular); Separate Bars in Sabah & Sarawak |
| Court Levels | Magistrates → Sessions → High Court → Appeal → Federal |
| Language | Malay (official), English (widely used) |
| Lawyer Title | Advocate & Solicitor |
| Special Courts | Syariah Courts (for Muslims), Native Courts (in Borneo) |
| Legal Aid | Available (YBGK, Bar Legal Aid Centres) |
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