Clp Exam Report: Concerning, Saddening, But Also Out Of Touch?

From Walter Sandosham

A recent report on the performance of candidates who had sat for the CLP examination lately was both concerning and saddening.

To a certain extent it was also highly demeaning! A subjective statement in the report claimed that “performance was very poor as many candidates were not well prepared”.

This appears paradoxical as costs are involved in signing up for these exams and because, without the CLP, one cannot move on to become “pupils-in-chambers”. Hence, it is not in one’s self interest to take this matter lightly, more so if their basic law degrees had been obtained at high cost from abroad.

Why does one need to go abroad? The answer is obvious—not all are privileged, due to various unique considerations, to gain admittance to local universities.

The report spoke of a “poor to average” command of English, inadequate preparation, failing to understand questions, regurgitating model answers and not taking the examination seriously.

But then again isn’t this comment, taken holistically, a reflection of what our entire microcosm of the education system is built on—compounded by being in a state of constant flux?

As a person who has served both in the corporate world and in academia as a senior fellow, first-hand knowledge is not lacking on this dimension.

The observation about the command of English is disingenuous, what with pressure groups calling for more emphasis on the national language. After all, court documents are already bilingual–-hence why the preoccupation with English?

Perhaps the examiners are out of touch with reality, having been educated in the King’s English and are missing the woods for the trees. Let’s wake up and smell the coffee here.

Language aside, verbal and written articulations are not the same!

The need for the CLP epitomises the anomaly of parallel pathways wherein law graduates in public institutions pursue a four-year degree course (as opposed to three abroad). It is deemed that the course content covered over the four years is “equivalent” to the content covered in the CLP exam.

Has this supposition been objectively tested? The acid test would be the percentage pass rate if the said local university graduates attempt the CLP. Will their English be up to par? It would be most surprising if it is.

If not, it is pure conjecture to the detriment of those who are required to sit for the CLP, not to mention having to pass all five subjects in one sitting. An example of rote learning.

There are instances of students obtaining high honours at world class universities abroad and then obtaining a third class in the CLP. What ails here?

It has been suggested that local universities shorten their course by a year and all law degree holders, both local and foreign, sit for the same “qualifying” exam. Has the Board considered this or is it business as usual?

Stop blaming the students. Examine the ecosystem holistically with an open mind.

The flip side of this coin is the performance of the Legal Profession Qualifying Board itself. Are its members, some of whom are there based on position, e.g. attorney-general and Bar Council president, up to the task required of the Board?

This is debatable if one catalogues the institutional changes, over say the last five years, that the Board has instituted to lift the CLP to the next level.

Many practitioners have spoken of the need to evolve, institute changes and basically re-examine the entire realm under the purview of the Board. There is a serious need to revamp the CLP syllabus and content, similar to models in other countries.

What is urgently needed is an upgrade to the syllabus which some consider as outdated and lacking in dynamism. The high failure rate could be linked to an archaic syllabus and decidedly academic-oriented examination, so typical of the local education ecosystem.

The report proposes a six-month internship. Perhaps this could be incorporated to add robustness to the mix.

It would not be out of context to say that having minimal educators on the Board is itself a misalignment on the Board’s mix of talents. This is compounded by two aforesaid individuals having their plates full with the core responsibilities of their day jobs.

Ideas abound but it appears a stoic level of deafness prevails either out of indifference or lack of mental prowess in recognising that there is a need for change here.

Whilst there may be unspoken and hitherto unannounced considerations linked to overcapacity in the profession, then other modes to address this “oversupply” are required. It should not be at the expense of the quality of the CLP exams.

Urgent work is needed and it is needed now. Let’s exhibit a certain degree of professionalism so there is no second guessing on the CLP, its need and worth.

Walter Sandosham is a former MACC oversight panel member and an FMT reader.

The views expressed are those of the writer and do not necessarily reflect those of FMT.