Studying for the BVC
What's next after your law degree?
Latest Update ! 25 July 2007: After a rigorous 12-month consultation and research exercise, the Bar Standards Board has confirmed that proposals to defer call to the Bar until after a barrister has completed his or her twelve month pupillage have been rejected. Read more about it here.
May 2006: A proposal was made that no students will be Called to the Bar until they have completed their pupillage--starting with those on the BVC in September 2008. Please spread the word around to friends and relatives or anyone you know who is keen to do the Bar Vocational Course (and will be doing in only in September 2008) Those directly affected would be law students currently in the first year of their degree.
When should you start thinking about doing your BVC?
The answer is when you are in your final year of your law degree (applies to undergraduates of universities of England). Of course, the earlier you make your decision, the better. (You must ensure that you have taken European Union Law in your degree. )This is because ideally, you would like to proceed with your BVC in the year you graduate. For example, if you graduate in July 2004, you would probably like to begin your course in October 2004. Therefore, in order to meet the application deadline, which is usually one year in advance (usually in October), you would have to make your application as early as mid September, which is usually the time when your first semester of your final year of your degree begins.
Why BVC?
Chances are you would be familiar with the legal system in England and in Malaysia if you are planning to enter the legal profession after you finish your studies. One of the pre-requisites to apply for admission to practise as an advocate and solicitor in Malaysia, and/or an advocate in the High Court of Sarawak and Sabah,is for a law graduate to be called to the Bar of England and Wales. (There is a separate Bar in Ireland which is also recognised, I am not very familiar with that). By doing the BVC, upon successful completion of your course, you will be called to the Bar by one of the Inns of Court that you have applied to become a member. I will deal with membership of the Inns below.There are other paths that eventually lead to a recognised professional qualification to apply for admission to practise in Malaysia but I will not deal with them here.
How do I apply?
There is a centralised online system where you can make your application. The website is http://www.bvconline.co.uk.
What do I study on the course?
Contrary to what you have studied during your undergraduate years, what you will be studying on the Bar Vocational Course will be focused on practical skills rather than principles of law. Generally the following subjects will be taught:
1. Civil and Criminal Procedure and Evidence
2. Advocacy
3. Drafting
4. Conferencing
5. Negotiation
6. Opinion Writing
7. 2 specialist options, choices depending on the institution that you are doing your course
8. Professional conduct.
Generally, most students on the BVC course find that it is quite intensive, the reason being that the assessment of various subjects take place throughout your year of study. Therefore a student on the BVC has to be very consistent in his/her revision and cannot leave everything to the last minute.
What preparations are necessary before I begin the course?
As the course is largely skills based, it would be ideal for you to gain some practical working knowledge of the legal profession. This may be in the form of mini-pupillages or known as student attachments in Malaysia, court visits etc. You need to have an open mind when you embark on the course, as the course involves a lot of role-playing and workshops. You would have to participate actively and not just be a "back-bencher".
I do not know whether I want to do the CLP or the BVC. Can you help?
This is quite a tricky area actually.As I did not take the CLP examinations, I am not in a position to comment on the CLP programme. However most of my friends who have done the course and passed their examinations have told me that it is a very intensive and demanding course as well. One of the obvious differences between CLP and BVC is that by doing the CLP course, you would be familiarising yourself with the legal procedures applicable to Malaysian Courts. Whereas the BVC is tailored for people intending to practise in England. Therefore it is largely up to the individual to decide which course would suit him/her the best. What I can say for sure is that you would benefit from the exposure to students from different continents on the BVC, where you can brainstorm and obtain new ideas. Dining at the Inns can be a wonderful experience. You will be able to build up contacts who may be able to help you from time to time, if need be. Having said that, the most important thing is to maintain your integrity, which is one of the most valuable assets a person should have, regardless of profession.
Update (29.11.2005)
I was able to contact a good friend recently, who has first hand experience of doing the CLP. He kindly agreed to do a write up on his experience. Hopefully this will be helpful to law graduates who are debating on the idea of doing the BVC or CLP.
The Certificate in Legal Practice (CLP) is the Malaysian equivalent of the English Bar Finals.
This is a bit of my personal experience with the CLP. I studied for the CLP in 1995, and, again, in 1996. Yes, 2 attempts.
CLP: WHAT IT IS
The CLP is an intensive course
Very intensive indeed. During my time, we had to cover 10 areas of Malaysian law within 9 months or so. Many of those areas involved comprehensive study of statutes and case law.
The amount of information to be assimilated was overwhelming. Much of the information, particularly case law (numbering in the hundreds), had to be committed to memory for the purpose of the examinations.
The CLP is a good survey of Malaysian law
That said, I found the broad overview of Malaysian law provided by the CLP course very relevant. Some of the knowledge gained from the study (e.g. in the areas of probate and administration, bankruptcy) can be applied directly to day-to-day legal practice.
And having gone through the materials twice (because of the 2 attempts), I realized while practising law that I had a better grasp of them compared to some of my peers. (Blessing in disguise? Could well be.)
CLP: WHAT IT IS NOT
The CLP does not provide vocational training
We did not undergo any practical legal training in the CLP course. Skills such as advocacy and legal drafting are essential in practice, and they do not necessarily come naturally with the form of legal education that we go through.
This is certainly an area for improvement. The matter has been under review for some time, but it appears that this is going to take a while to happen.
NO REGRETS
I have no regrets of undertaking the CLP. Come to think of it, I even have no regrets of having to take it twice (save for some frustration at that time).
As a law graduate from overseas, I am convinced of the value of formally studying Malaysian law before commencing legal practice.
There is, however, room for improvement. Positive action required!
Thanks again to Y who agreed to share his experience with me and taking time off to do this write up despite his hectic schedule. Thank you!
Links to websites:
The Bar Council of England:http://www.barcouncil.org.ukThe Honourable Society of Lincoln's Inn, England http://www.lincolnsinn.org.uk
What about the costs?
There are seven institutions in England which offer the BVC, i.e.
1. Inns of Court School of Law (London)
2. BPP Law School (London)
3. University of the West of England (Bristol)
4. Cardiff University (Wales)
5. Manchester Metropolitan University
6. University of Northumbria at Newcastle
7. University of Nottingham.
The fees range from 7,500 pounds to 9,000 pounds (estimated only, please check with the relevant institutions for details)
Useful Books
The following are useful and essential books (practitioner's texts) during your period of study for the BVC. Although the BVC is largely a skills based course, it is advisable to have these books at hand so that you can have first hand reference-you really feel the need for them when the exams come!
1.The White Book (Civil Procedure, Volume 1 and 2)
2.Blackstone's Civil and Criminal Practice
3.Archbold's Criminal Practice
4.Harvey on Employment Law
5.Inns of Court School of Law BVC Manuals (all subjects). I would recommend browsing through the 1993-94 edition of the Negotiation manual because it provides a very thorough commentary on various skills involved in the negotiation exercise. You may be able to get it from your seniors or second hand bookshops.
6.O'Hare and Hill on Civil Litigation
7.Chitty on Contracts (Volume 1 and 2)
8.Clerk and Lindsell on Torts
9.McGregor on Damages
10.Benjamin's Sale of Goods
11.Kemp and Kemp on Quantum (essential for Personal Injury)
Depending on the specialist options you choose, you will be directed to read other practitioner's texts as well. The most important thing is to update yourself regularly with recent case-law. Government policies, current issues all play a role in the development of legislation so do not confine yourself to books alone. Of course, it is not easy. To keep yourself abreast with current issues and study for your exams and meeting deadlines for your assignments can all be overwhelming. Therefore you should aim to set aside one day in the week to update your case-law, and another day to update your current issues. A lot of information is readily available in electronical means and on the Internet. This would cut down your search time and you can then spend more time digesting the information you have obtained.
Study groups is also another option whereby you distribute the updating work to several students. Each student will be responsible for one or two subject areas which require updating. Legislation and case-laws are the two main considerations. By distributing the work every student in the group would be able to read more materials and thereafter share amongst one another their results of their search. Of course this requires a lot of co-operation among the group and it cannot be overly stressed the dangers of one student eventually doing all the work and the others waiting to be spoon-fed with information. Its all about teamwork and if the group is co-operative and united, it will save a lot of time in the long run.
Joining an Inns of Court
When you apply for the BVC, the institution concerned will usually ask that you apply to become a member of one of the Inns of Court. The four Inns of Court are : Lincoln's Inn, Gray's Inn, Inner Temple and Middle Temple. The Inns will be the venue where you fulfil your dining requirements (called "keeping term"). In order to be called to the Bar you will need to fulfil 12 qualifying sessions. This may be in the form of dining, introductory weekends and Cumberlodge and West Dean educational weekends. If you are studying in an institute outside of London, your university representative may liaise with the Inns to have a circuit dinner where you can attend. Apart from the dining requirements, the Inns is a great place to socialise and mingle with other student members as well as barristers. Do take advantage of the Sponsorship scheme, where you will be allocated one member of the Bar to be your sponsor, who will dine with you (make an appointment beforehand) and advise you on life at the Bar. It pays to have mentors.
If you are studying in London, do take the opportunity to attend the lectures and moots organised by the Inns. Make the most out of your time there.
Note: Please cross refer to my comments on "Studying Law" page, where you have the option to join an Inns of Court during your undergraduate years.
A final note
Last but not least, I really hope that if you do enrol on the BVC, give it your best shot. It is not an easy path, but if you persevere, you will succeed.
Best of Luck!
Date: 20.10.2004