WHAT IS THE PRIMARY DUTY OF A PUPIL MASTER?

from LAwyerment
http://www.lawyerment.com.my/library/doc/lp/mstr/

The most important duty of a pupil master is to guide, help and advise his Pupil in the traditions of the legal profession and to supervise the training of the Pupil in the practice of an advocate and solicitor so that the Pupil may obtain the maximum benefit from his period of pupillage.
HOW MANY PUPIL SHOULD A MASTER ACCEPT ?
Not more than the Master is able to effectively guide and train. The general rule, a master should not accept more than 2 Pupils at any one time.
WHAT A MASTER SHOULD DO BEFORE ACCEPTING A PUPIL ?
Naturally, a Master should be satisfied that he is qualified to accept a Pupil similar to that the Master should satisfy himself that the Pupil is a qualified person.
The prescribed period of pupillage should be completed by the Pupil. A record on the date of commencement of pupillage and any leave of absence should be noted and recorded. Any period of absence will be count towards satisfying the prescribed period of pupillage.
WHAT A MASTER HAS TO DO IN SUPPORT OF THE PUPIL'S PETITION FOR ADMISSION TO THE BAR ?
The Master has to sign a Certificate of Diligence in support of the Pupil's petition for admission to the Bar. It is a representation to the Court that the Pupil has devoted his full-time and attention throughout the period of the pupillage to the acquisition of experience in professional practice.
WHAT A MASTER SHOULD DO TO ENSURE THAT HIS PUPIL RECEIVES EXPOSURE TO AS WIDE A VARIETY OF WORK AS POSSIBLE IN THE DISTRIBUTION OF WORK ?
The Master should ensure that
• be it in the practice or etiquette of the Bar in professional ethics, the Pupil is well-grounded.
• the Pupil reads in advance his papers and draft pleadings or other documents relevant to the Master's practice including agreements, opinions, leases, conveyances and other documents which in advocate and solicitor would be expected to consider, draft or settle in his practice.
• the Pupil has the opportunity to attend Court with him. If the Master has no trials fixed for the period of the Pupil's pupillage, the Master should make arrangements for the Pupil to attend at trials and appeals to be conducted or argued by senior members of the master's firm or senior advocates of other firms.
• the Pupil to attend conference (both with clients and with other parties in the presence of their solicitors) and negotiations to enable the pupil to obtain sufficient experience in these matters.
• all work done by his Pupil is being monitored and take a direct interest in their work done.
• the Pupil is well briefed before the Pupil attends Court, when the Master has obtained leave for restricted audience for his Pupil under section 36 of the Legal Profession Act 1976. The Master should take the opportunity of discussing with his Pupil the appearance in Court, after the Pupil has attended Court on behalf of his Master.
• a relationship of mutual trust and confidence between himself and the Pupil is established.
• attention should be drawn to Pupil as soon as possible, if mistakes are made by the Pupil and by showing the Pupil how the matter should be done correctly.
• it is made clear to the Pupil and his colleagues in his firm that the Pupil is responsible to him alone.
• no work or assignment should be given to a Pupil without the consent of the Master - as a matter of courtesy. Advice should be given to their colleagues as a Pupil may find it difficult to refuse week or assignment from another member of the firm.
• consider the desirability of arranging for the Pupil to spend time working with some other member of the Master's firm in order to give the Pupil broader exposure if the Master's area of practice is a specialized one.
• the Pupil does not take instructions from clients or give advice or sign letters of documents on behalf of the Master or his firms.
• impress on his Pupil the necessity for the strictest observance of confidentiality in relation to all matters relating to his clients

Principles Applicable on admitting Fresh evidence on Appeal

The classic restatement on the introduction of fresh evidence on appeal was made by Denning LJ in Ladd v. Marshall [1954] 1 W.L.R 1489 at 1491 when he said three conditions must be fulfilled:-
First, it must be shown that the evidence could not have been obtained with reasonable diligence for use at the first instance trial;
Second, the evidence must be such that, if given, it would probably have an important influence on the result of the case, although it need not be decisive; and
Third, the evidence must be apparently