*note: this is just meant to be a preliminary pointer about what you have do when you make a mistake with your papers. To ensure accuracy, liase with the Bar Council + KL Bar officers in charge, who will ensure you file the right papers.
The pupillage Borangs are non-intuitive – filling them in wrongly is not unusual.
Just a few ways you can get them wrong:
- The form (like Borang 3 and 4) asks you to fill in the date you started chambering, but the information required isn’t the actual date you started chambering at your firm/the date your swore your affidavit in Borang 1 – it’s the date you filed your Borang 1 and 2. (might be obvious)
- The standard Borang 6 and 8 doesn’t ask you to file your Ethics certificate with your master’s certificate of diligence, but you have to file one anyway.
How you rectify it depends on the Forms on which the mistake is made.
Part 1 – Borang 1.
This one is probably the most tedious one to rectify. After serving Borang 1 to the AG, Malaysian Bar, and State Bar, if there’s a mistake, the Malaysian Bar/State Bar would probably contact you before your short call, and you’ll have to rectify the mistake before they’ll issue a Letter of No Objection for your short call.
Examples of mistakes you might make in Borang 1:
- Mistakes to your personal details (Name, address, IC)
- Details of your qualification (University instead of CLP, for instance)
- Not stating the full name of your master.
How do you rectify it?
- You have to file a Notis Permohonan and an Afidavit + this Exhibit with the Afidavit. (click on links for samples).
- Extract the sealed Notis Permohonan, on which a date and time would be stated. You have to appear before the RKKK registrar on that date and time, with someone who has locus (someone who has been short-called/a qualified lawyer).
- Serve the sealed Notis and Afidavit to the Malaysian Bar + State Bar + AG.
- File an Afidavit Penyampaian.
- Obtain letters of no objection for your amendment from the State Bar + Malaysian Bar.
- Serve the letters to the RKKK counter before the date of the hearing.
- Appear before the Registrar with someone who has locus on the date stated in the Notis Permohonan.
- File a Petisyen Terpinda after your application to amend is approved by the Registrar. (click on the link for a sample – the Petisyen Terpinda is basically a hand-typed Borang 1, but with the mistake you made in the original borang changed to the amendment granted)
- Serve the Petisyen Terpinda to the Malaysian Bar + State Bar + AG after it’s sealed.
You’re done! With a first-hand understanding that mistakes to Borang 1 is truly the most tedious to amend. Warn your friends!