1  Name of Course Professional Practice II
 2  Course Code LAD5093
3  Instructor
4  Rational for the Inclusion of the Course in the Programme  

This course is intended to introduce students with the practices regulating the role of an advocate and solicitor

 5  Semester and Year offered  

Semester 10 (Year 5)

6 Student Learning Time

Face to face Independent learning Formal Assessment Total
Teacher centered Student Centered Learning Non face to face Revision Assessment Preparation Continuous Assessment Final Exam
Lecture T O

 28 

 28  0  10  42  6  7  3

 122

 7  Credit Value 3 (122/40: 3.05)
 8  Pre-requisite (if any) None/Nil
 9  Learning outcomes Upon successful completion of this course, students should have the ability to:

  1. display common ethics regulating the practice of an advocate and solicitor; (LO2-P4)
  2. sketch the procedures involved in commencing contentious and non-contentious matters; (LO3-P4)
  3. prepare legal documents. (LO6-A3)
 10  Transferable skills Students should be able to develop good written and interpersonal communication, team work and leadership, problem solving through a process of lectures and tutorials.
11 Teaching-Learning and Assessment Strategy Teaching-learning strategy:

The course will be taught through a combination of formal lectures, exercises, group work, using authentic materials, informal activities and various textbooks. Practical experience and collaborative teamwork will be fostered throughout the course. The use of examination and internal reporting assessment will assess the student’s ability to apply theoretical concepts in context.

Assessment strategy:

  • Formative
  • Summative
12  Synopsis This course is a continuation of Professional Practice 1 (Code LAD5053). It exposes students to practical aspects such as bankruptcy, companies winding-up, probate and administration of estates, the setting up of legal practice, preparation of wills and power of attorney.  Students are also exposed to matters relating to advocacy and litigation skills, trial preparation and ethics to be observed in court, manner of handling client and witness interviews and negotiation. Students will also be exposed to opinion writing, written submission, preparing conveyancing documents, general agreements and cause papers on contentious and non-contentious matters.
 13  Mode of Delivery Lecture, tutorial, class discussion, presentation, draftingor series of legal talks by senior lawyers.
14 Assessment Methods and Types Assessment

  Item Percentage
1. Continuous Assessment 60%
2. Final Examination 40%
  Total: 100%
15 Mapping of the Course Learning Outcome/Module to the Programme Learning Outcomes Refer to attachment
16 Content Outline and Topics Covered:

Week Topic(s)
1 Trial Advocacy
2 Litigation Skills In Civil And Criminal Cases
3 Litigation Skills In Negotiation
4 Ethics
5 Professional Negligence
6-7 Conveyancing Law
8 Professional Fees And Charges
9 Power Of Attorney And Statutory Declaration
10 Bankruptcy
11 Companies Winding Up
12-13 Probate And Estate Administration
14 Foreclosure

*Note: Total = 122 hours

17 Main references Text Books

1.      Akmal Hidayah Halim. 2012. Administration of Estates in Malaysia, Law and Procedure. Kuala Lumpur: Sweet and Maxwell.

2.      Choong, K.F., G.J. Goh & S.T. Lim, 2010, Practical Guide on CLP Kuala Lumpur:Infoworld Malaysia

3.      David Kok Weng Tuck. 2012. Legal Guide to Conveyancing Practice. Kuala Lumpur : CCH.

4.      G. Sreenevasan, G and Navaratnam, N. Malaysian Litigation Practice Guide. 2005. Thomson Sweet & Maxwell.

5.      Khoo Kay Ping. 2010. Khoo’s Law and Practice of Bankruptcy in Malaysia. Kuala Lumpur: Lexis Nexis.

 

Statutes

  1. Legal Profession Act 1976
  2. Legal Profession (Practice and Etiquette) Rules 1978
  3. Solicitors’ Account Rules 1990
  4. Legal Profession (Publicity) Rules 2001
  5. Bankruptcy Act 1967
  6. Bankruptcy Rules 1969
  7. Companies Act 1965
  8. Companies (Winding-up) Rules 1972
  9. Probate and Administration Act 1959
  10. Wills Act 1959
  11. Small Estates (Distribution) Act 1955
  12. Distribution Act 1958
  13. Rules of the Court 2012
  14. Stamp Act 1949
  15. National Land Code 1965
  16. Evidence Act 1950
  17. Any related regulations, Act etc.

Related cases

18 Additional references 1-     Andrew Kay and Peter Walton. 2003. Insolvency Law Corporate and Personal. Essex: Pearson.

2-     Boyle, F. Capps, D. Plowden, P. and Sanford, C. (2001). A Practical Guide to Lawyering Skills. London: Cavendish.

3-     Sihombing, J. E., 1996 Malaysian Conveyancing. Singapore: Butterwoth Asia.

4-     Paul Raylance, 1994 Legal Writing and Drafting: Legal Practice Handbook. London: Blackstone Press Ltd. Paul Raylance, 1994 Legal Writing and Drafting: Legal Practice Handbook. London: Blackstone Press Ltd.

5-    Pinsler, J., 1992, Evidence, Advocacy and the Litigation Process. Singapore:      Butterworths.

 

COURSE LEARNING OUTCOMES, DELIVERY AND ASSESSMENT TEMPLATE

Course Learning Outcomes Compliance to PO Teaching & Learning Activities (TLAs) Assessment Tasks (ATs) Key Performance Indicator
 

PO1

LO1

PO2

LO2

PO3

LO3

PO4

LO4

PO5

LO5

PO6

LO6

PO7

LO7

PO8

LO8

PO9

LO9

     
  K CTPS CS TS EM LL     KK LS      
1 explain the ethical aspects governing practice as an advocate and solicitor; (LO6-A2)            

3

      Classroom lecture and discussion Written test
2. display theoretical aspects of the law into legal practice; (LO2-P3)

 

  3               Drafting Instructor evaluation of the drafting
3. sketch ethical rules relating to practice of the advocate and solicitor. (LO3-P3)

 

    3             Assignment Instructor evaluation of the assignment