English proficiency, analytical thinking lacking in aspiring lawyers

KUCHING (Oct 26): The Certificate in Legal Practice (CLP) 2024 Examiners’ Report has painted a worrying picture of the next generation of Malaysian lawyers.

It revealed that many aspiring legal practitioners are struggling with weak English proficiency, poor analytical skills, and alarmingly high failure rates across key subjects.

Released by the Legal Profession Qualifying Board (LPQB), the report shows that these shortcomings are not merely academic weaknesses but fundamental barriers to professional competence in the legal field.

Held in July and August 2024, the CLP examination saw 1,174 registered candidates, with nearly 1,000 sitting for each of the five core papers – General Paper, Civil Procedure, Criminal Procedure, Evidence, and Professional Practice.

More than half failed

The results, however, were dismal.

Professional Practice recorded the highest failure rate at 65.39 per cent; followed by Civil Procedure (58.26 per cent); Criminal Procedure (57.29 per cent); Evidence (53.83 per cent), and General Paper (45.28 per cent).

“These figures point to persistent weaknesses among candidates, particularly in analytical thinking, comprehension, and the application of legal principles,” the report stated.

A recurring theme throughout the report was poor command of English.

Examiners noted that many candidates struggled to express themselves clearly, producing grammatically weak and poorly structured answers.

“The candidates’ command of English ranged from poor to average. Many failed to express themselves clearly, resulting in distorted or incomplete answers,” it noted.

Equally troubling was the misinterpretation of examination questions.

Many candidates failed to identify the legal issues being tested, resorting instead to rote memorisation of notes and statutory provisions without applying them to real-life scenarios.

The Professional Practice paper, designed to test the most practical and profession-oriented aspects of legal work, proved to be the toughest hurdle.

Examiners reported that many candidates scored below 20 marks, with a few obtaining zero.

“There was a huge gap between those who could identify the legal issues and those who clearly had not prepared.

“Some candidates copied irrelevant statutory sections verbatim. Others gave one-word answers,” the report said.

Such performances, it warned “call into question the actual readiness of candidates for legal practice.”

‘Shoddy, unstructured’

In Criminal Procedure, examiners observed that while language proficiency was slightly better, many failed to cite correct statutory provisions or case law, often answering ‘what they knew’, rather than what was asked.

The Evidence paper exposed another major weakness: candidates could identify legal issues but struggled to apply them. Many ignored key sections such as Section 114A of the Evidence Act 1950, instead reproducing irrelevant information from past papers.

[Section 114A of the Evidence Act 1950 (Malaysia) creates a presumption of fact in publication, shifting the burden of proof to the individual to disprove they published online content.]

For Civil Procedure, answers were described as ‘shoddy and unstructured’, with candidates often failing to support arguments with decided cases.

Examiners lamented that many appeared to rely on ‘question spotting’ – an approach that backfired.

Several examiners recommended that candidates undergo at least six months of internship before sitting for the CLP, to better understand the realities of legal practice.

The report further urged law schools and CLP preparatory institutions to place stronger emphasis on Legal English and comprehension skills; Analytical and practical reasoning, and; Scenario-based assessments instead of rote learning.

It also suggested that LPQB publish sample high-quality answers to guide candidates, while employers and stakeholders should develop mentorship or bridging programmes for new graduates.

Maintaining the integrity of the profession is also of utmost importance.

Governed under the Legal Profession Act 1976, the CLP Examination remains a critical gatekeeper to ensure that only qualified individuals enter the legal profession.

However, the 2024 findings, the LPQB warned, indicate a need for systemic recalibration.

“Addressing these gaps is not merely about passing an exam,” the report concluded.

“It is about ensuring the competence, credibility, and integrity of those who will serve the public as members of the Bar.”

Improve English proficiency

When contacted, local legal practitioners agreed that proficiency in English remains one of the most important tools of the trade.

They suggested that aspiring lawyers focus on improving their English skills, gain practical experience through internships, complete structured training programmes, and that the Education Ministry place greater emphasis on English proficiency to better prepare future lawyers for the profession.

Lawyer Roger Chin emphasised that aspiring lawyers must master both English and Bahasa Malaysia languages and analytical reasoning to succeed.

“The ability to properly analyse and fully grasp legal issues is critical. Internships with legal practitioners can be particularly beneficial, as they provide real-world exposure to analysing facts and evaluating evidence.”

Lawyer Voon Lee Shan, in particular, said English ‘is difficult to master, even for those educated in the language, but essential for courtroom advocacy’.

“For lawyers with a weak foundation in English, it is difficult to express their thoughts and arguments well before the court.

“Once the court cannot understand your argument, you may lose your case even though you could have won.”

He added that without strong English skills, lawyers would find it hard to compete in the job market and urged the Education Ministry to emphasise English proficiency from an early age.

“English is an international language, and many reported cases adopted by our Malaysian courts are written in English.

“The Education Ministry should emphasise its importance in our schools,” he said.

Language and practical exposure must go hand-in-hand.

However, lawyer Liew Tang Chieh pointed out that pupils in Sarawak come from diverse educational backgrounds, including local and foreign law schools.

CLP graduates forming only part of the intake, he pointed out.

“We also have local university graduates, as well as lawyers from Australia, New Zealand, and the UK who return to Sarawak for pupillage. Pupils come from many sources, not just CLP graduates,” he said.

According to him, the Advocates Association of Sarawak (AAS) already requires structured training before admission to the Bar – including advocacy training and an etiquette course – to ensure consistent professional standards.

As Malaysia strives to uphold the integrity of its legal system, the LPQB’s latest report serves as a stark reminder that the future of the legal profession depends on quality education, language mastery, and professional readiness.

With failure rates remaining high and English proficiency still lagging, the challenge ahead is clear – to raise the bar not just for examinations, but for the standards of justice itself.