THINKING OF CHANGING YOUR MASTER OR FIRM DURING PUPILLAGE?
Pupillage (chambering) is a pivotal, formative rite of passage on the journey to being admitted as an Advocate and Solicitor of the High Court of Malaya. Throughout this mandatory nine-month period under the Legal Profession Act 1976 (LPA 1976), pupils gain rigorous practical exposure under the tutelage of their Pupil Master.
However, circumstances may arise where changing law firms or transferring to a new Master becomes necessary—whether for broader exposure to other practice areas, geographic relocation, or personal considerations. While changing your Master is entirely permissible under Bar Council rules, doing so without strict adherence to statutory protocol can result in losing your accrued months and being forced to restart your pupillage from Day 1.
Step 1: Secure a New Master and Law Firm First
Before tendering your notice or taking any formal step, you must first secure an offer of pupillage from a new law firm and a qualified Master willing to take over your supervision.
- Professional Interview Etiquette: Attend the interview with the prospective firm. Once mutual interest is established, be transparent: explain that you are currently undergoing chambering elsewhere and wish to transfer. Always articulate your reasons diplomatically and constructively—never speak ill of your current firm or Master. Professionalism and discretion are vital.
- The “Zero-Gap” Rule: The Malaysian Bar strictly requires continuous pupillage. There must be no gap days between your departure from the old firm and your commencement at the new firm. For instance, if your last day at your current firm is 4 January, your official commencement date at the new firm must be 5 January. Any unapproved break in training may invalidate your transfer.
Step 2: Obtain Written Consent and Borang 8 from Your Current Master
Your current Master holds the key to preserving your completed pupillage months:
Borang 8 Execution:
Your current Master must execute and sign Borang 8, formally certifying the exact period of pupillage you successfully completed under their supervision. Your new Master will subsequently execute another Borang 8 covering the remaining months. Both forms must be filed into the High Court petition record.
Warning – The Risk of Uncooperative Partings:
If an amicable transition is not maintained and your current Master refuses to execute Borang 8, the Bar Council will not recognize your served period. You will have no choice but to restart the full nine-month pupillage from scratch at the new firm. Ensure you part on respectful, cordial terms.
Step 3: File and Serve the Notice of Change of Master
Once you have commenced at your new firm, formal legal notifications must be dispatched immediately:
- Court Filing: File the Notice of Change of Master into your existing Admission Petition via the court’s electronic filing system (e-Court EFS) under “Surat (Daripada Peguam)”.
- Statutory Service on the Three Bodies: Serve the sealed Notice upon:
- The Malaysian Bar (Bar Council Malaysia);
- The Attorney General’s Chambers (Jabatan Peguam Negara); and
- The State Bar Committee where your pupillage is being carried out.
- Inter-State Transfers: If moving to a Master practising in a different State (e.g. transferring from Selangor to Kuala Lumpur), the notice must also be served on the new State Bar Committee together with copies of your original Borang 1 and Borang 2.
The Bar Council will contact your former Master to independently verify: (i) agreement to the transfer, (ii) that no gap days exist, and (iii) the exact record of annual/sick leave taken during training.
Step 4: Fresh “Short Call” Order (Section 36(2) LPA 1976)
Many pupils overlook a critical statutory technicality regarding limited audience rights:
Your Short Call Does NOT Transfer Automatically:
An order for limited audience under Section 36(2) of the Legal Profession Act 1976 (“Short Call”) is strictly personal to the specific Master and firm named in the court order. It does not belong to the pupil in an individual capacity. Moving to a new firm automatically extinguishes your right to appear in court.
To appear before Magistrates and Sessions Court Judges on behalf of your new firm, you must make a fresh application:
- File a Summons in Chambers in the High Court supported by an affidavit affirmed by you and an affidavit affirmed by your new Master;
- Serve the sealed application on the Bar Council, the relevant State Bar Committee, and the Attorney General’s Chambers; and
- Obtain fresh Letters of No Objection (LONO) from both the Bar Council and the State Bar, filing them prior to the High Court hearing date.
Summary Checklist for Chambering Pupils
- ✅ Secure new firm first: Never resign without a signed offer letter.
- ✅ Ensure zero gaps: Seamless continuation between last day and first day.
- ✅ Obtain signed Borang 8: Crucial to prevent restarting your 9 months.
- ✅ File Notice of Change of Master: Serve on Bar Council, State Bar, and AGC.
- ✅ Re-apply for Short Call: Fresh Summons in Chambers and LONO required.
Pupillage is not merely about accumulating technical legal skills—it is also about building a reputation for professional integrity, tact, and collegiality within the legal fraternity. By handling your transition transparently and respectfully, you safeguard both your timeline to the Bar and your professional relationships.
Disclaimer: This article is an informational guide based on Malaysian Bar Council rules and current High Court practice. Always verify current administrative guidelines and requirements directly with the Malaysian Bar Secretariat before submitting filings.