Therefore, the development of legal aid clinics arose from the understanding that, without access to legal
assistance, many individuals would be vulnerable and at risk of having their rights violated or ignored (Ab.Wahab
& Khairi, 2020).
Legal aid clinic services and assistance in Malaysia are typically restricted to Malaysian citizens, meaning that
refugees and migrant workers do not have access to such services (Ab. Wahab & Khairi, 2020). Legal aid
providers in Malaysia are divided into two sectors: private legal aid schemes and government-led initiatives, the
latter of which was introduced under the Legal Aid Department established in 1970 (Ab.Wahab & Khairi, 2020).
The legal aid framework in Malaysia is governed by legislation, specifically the Legal Aid Act 1971, which was
later amended by the Legal Aid (Amendment) Act 2017 (Tri et al., 2025). However, it is important to note that
not everyone receives free legal aid, as a registration fee may be imposed by the Director General of Legal Aid
(Tri et al., 2025).
Reflecting on Malaysia’s legal aid structures, government-led legal aid consists of three main bodies: the Legal
Aid Department (LAD), formed in 1970; the Malaysian Bar Council’s Legal Aid Centre (LAC), founded in
1982; and the National Legal Aid Foundation (NLAF), established in 2011. Each of these bodies has its own
eligibility requirements, determined by the Means and Merits Tests. The Means Test determines whether an
applicant is financially eligible for legal aid, ensuring that services are provided only to those with low income.
For example, the LAD only accepts applicants with an annual income of not more than RM25,000. Applicants
earning between RM25,000 and RM36,000 may still qualify but are required to pay a small contribution fee (Tri
et al., 2025). The Merits Test, on the other hand, assesses whether the case itself warrants legal aid, ensuring that
limited legal resources are not expended on hopeless or frivolous cases (Tri et al., 2025).
As mentioned, the three main government-led legal aid bodies serve different functions. The LAD provides civil
and limited criminal representation, as well as mediation and legal advice. Applicants must pass both the Means
and Merits Tests. Officers and staff are appointed by the government, with branches across most states and
districts in Malaysia. In contrast, the LAC handles pro bono cases for the poor and marginalized, focusing on
both civil and criminal matters. Each state has its own LAC organized by the Bar Council, and these centres are
staffed mostly by volunteer lawyers, pupils-in-chambers, and interns. Ultimately, the NLAF primarily focuses
on criminal legal aid, ensuring that every accused person has access to legal representation. Its eligibility is
broader than the LAD or LAC, as it is available to all arrested persons regardless of income. The NLAF is run
by a Board of Trustees, and its lawyers are paid by the government for their services (Tri et al., 2025).
In addition to these, there are also non-government legal aid clinics in Malaysia, mainly operated by universities
and law schools. These clinics offer free or low-cost legal services to low-income individuals and are operated
by the legal aid organization within each university, comprising students, professors, lecturers, paralegals, and
lawyers (Li & Isa, 2023). The legal matters addressed by these clinics include civil law, criminal law, human
rights, consumer law, housing, employment, health law, immigration, and disability law, although each university
differs in the types of cases it handles. Services typically include legal advice, representation, advocacy, and
educational workshops on legal matters. Community-based initiatives also play a role in non-government legal
aid, with organizations of volunteer lawyers providing free or low-cost legal advice. Thus, non-government-led
legal aid in Malaysia is delivered through law school clinics and community-based initiatives, with a focus on
providing free or affordable services, promoting experiential learning, and empowering the poor (Li & Isa, 2023).
In comparison, the legal aid structure in the United States (US) differs from that in Malaysia. Legal aid in the
US is divided into three main bodies. First, the Legal Services Corporation (LSC), established by Congress in
1974, does not directly handle legal cases; instead, it provides funding to local legal aid organizations nationwide.
It focuses exclusively on civil legal aid for low-income Americans, covering areas such as housing, family law,
consumer issues, and public benefits (Rønning & Hammerslev, 2018). Second, the Public Defender System,
created under the Sixth Amendment right to counsel and the Supreme Court decision in Gideon v. Wainwright
(1963), provides criminal defense to individuals who cannot afford legal representation.
Not all states have statewide Public Defender Offices; in states without them, county-level defenders or court-
appointed lawyers provide the service. Lastly, the US also has non-governmental and community legal aid