INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

END-OF-SEMESTER EXAMINATION
SEMESTER 2, 2011/2012 SESSION

AHMAD IBRAHIM KULLIYYAH OF LAWS


Programme : Bachelor of Laws Level of : Fourth
Study

Reading Time : 2.30 p.m. 2.45 p.m. Date : 31.5.2012
Duration : (15 minutes)

Answering Time : 2.45 p.m. 5.45 p.m. Section(s) : All Sections
Duration (3 hours)

Course Title : Professional Practice II Course Code : LAW 4511



This Question Paper Consists of 7 Printed Pages With 6 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer FOUR (4) Questions Only.


NO REFERENCES ALLOWED


Any form of cheating or attempt to cheat is a serious
offence which may lead to dismissal


APPROVED BY





2

PART A
COMPULSORY QUESTION

QUESTION 1

Loo Chong Wei, Pandalela Tenong and Khairul Fahmey Amat are partners in Messrs
Loo, Tenong, Fahmey & Associates. Loo, the senior partner is in charge of the firms
conveyancing works. Pandalela and Khairul Fahmey are entrusted to handle all litigation
matters.

Being a senior partner and blessed with good public relation skills, Loo has brought a lot
of cases to the firm. He manages to get the firm appointed as a panel solicitor to a few
housing developers and banking institutions. Apart from this, there are many walk-in
clients, mostly his friends, coming to him for conveyancing as well as litigation matters.
Nicolette Ann David who came to see him recently asked Loo to represent her in a sale
and purchase transaction of a condominium in Ampang. She is also hopeful that Loo
could give her some discount in the legal fees. Loo agreed. After taking down the
instructions from Nicolette, Loo handed her file to his conveyancing clerk, K. Rajagopal,
to prepare all necessary documents. Loo instructed Rajagopal that he will attend to
Nicolette once she comes to sign the documents. K. Rajagopal, while preparing the
documents, realised that Nicolette is a top model who recently appeared in a tabloid for
having a relationship with a famous politician. Without further ado, he rang up his
cousin, a reporter of one tabloid, and relayed to his cousin that Nicolette is buying a
property and he assumes that it is being bought for her by the said politician.

3

Pandalela Tenong has to attend to court matters almost every day. She handles banking
litigation files. Be that as it may, she enjoys going to court since once she is done with
her court matters, she would spend her time with her friends at the court cafeteria or
sometimes they would go shopping at the mall. She would only return to the office at
around 4 oclock in the afternoon. All pleadings are prepared by her clerks. She will just
peruse them and make amendments where necessary.

Pandalelas schedule is packed with courts attendance. If Pandalela has to attend two
different courts on the same day, she would just rang up her friends and asked for their
help either to mention on her behalf or to have the matter stood down for hearing. Her
friend, Safee Silli is frequently helping her out. Unfortunately one incident had turned
their friendship sour. This was when Pandalela asked Safee Silli to mention on her behalf
and on behalf of the other partys counsel; in their joint application for an adjournment at
the High Court. Pandalela told him that it was a chamber matter and that both counsels
had agreed to postpone the trial pending negotiation for settlement.

Relying on Pandalelas information, Safee appeared before the judge. To his surprise, the
matter was fixed for trial in open court. Before he could even address the judge properly,
he was scolded for not being properly attired. The court then proceeded to struck off the
matter and refused to entertain any request for an adjournment. Safee tried to explain to
the judge that he was only mentioning the case on behalf of Pandalela and the other
counsel. He admitted that he does not know the details of the case since the file was not
delivered to him. Nevertheless, the judge gave him a stern warning and decided to lodge
a complaint with the Disciplinary Board against Safee and Pandalela.

4

Khairul Fahmey, on the other hand, handles criminal cases and other general litigation
matters. He is, at the same time, an active member of the Malaysian Bar. His intention is
to be visible at the Bar so that he can be a strong candidate for the Bar Councils
selection. He is also a member and a strong supporter to one opposition political party.
He has also been engaged by the leader of this political party to represent him in a
sedition case against the government. Khairul Fahmey devotes himself to this case and it
really frustrates him when the decision of the Court was not in his clients favour. After
the ruling was pronounced, Khairul Fahmey lost his temper and hurled one of his shoes at
the Bench but it landed on the interpreter. The judge cited him for contempt.

From the above facts: -
a) State Khairul Fahmeys wrongful act(s).
(2 marks)

b) What should Pandalela do when asking Safee to mention on her behalf?
(3 marks)

c) Discuss Loos liability in connection with the tabloid report by K.Rajagopals
cousin concerning Nicolettes purchase of property.
(5 marks)

d) What must Khairul Fahmey do once he is cited for contempt?
(5 marks)



5

PART B
ANSWER ONE OUT OF TWO

QUESTION 2

Rule 2 of the Legal Profession Act (Practice and Etiquette) Rules 1978 states:
An advocate and solicitor shall give advice on or accept any brief in the
Courts in which he professes to practice at the proper professional fee
dependent on the length and difficulty of the case, but special
circumstances may justify his refusal, at his discretion, to accept a
particular brief.

Explain this Rule.
(5 marks)

QUESTION 3

When presenting his case in court, what are the duties of a lawyer in an Adversarial
System as provided under the Legal Profession (Practice & Etiquette) Rules 1978?
(5 marks)






6

PART C
(ANSWER ANY 2 QUESTIONS)

QUESTION 4

A lawyer is his clients champion. Discuss.
(10 marks)

QUESTION 5

Rajen is a newly appointed Magistrate in J asin, Malacca. He would normally read his
court files a day or two before the hearing. Being hardworking and efficient he would
look up the relevant and latest authorities and in fact prepared list of questions to ask the
witnesses or counsels.

Discuss Rajens actions in light of our Adversarial System where the judge is supposed to
be passive.
(10 marks)

QUESTION 6

Dato J ustice pronounced his decision in favour of the plaintiff in a civil suit. Ms J ulie, a
lawyer observing the trial, was not in agreement with the reasons of the decisions and
made a statement to a reporter, J onah Lim from Kepoh News. Her statement was reported
in his newspaper.

7

a) What actions can Dato J ustice take against Ms J ulie, J onah Lim and Kepoh
News?
(6 marks)

b) What action(s) can the Bar Council take against Ms J ulie?
(4 marks)