201906.27
0
0

Legal Profession Act 1976- Part 2

45. Disqualification of a member

Any member of the Malaysian Bar on ceasing to be qualified for membership shall thereupon cease to be a member.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/46.Annual subscription

46. Annual subscription

(1) The amount of the annual subscription to be paid by members of the Malaysian Bar shall, subject to subsections (4) and (5), be fixed from time to time by the Bar Council.

(2) In fixing the amount of its subscription, the Bar Council shall be at liberty to divide members into classes, and to provide that different amounts shall be paid by different classes and for different periods and generally to regulate and to vary from time to time the subscriptions payable by members or by different classes of members, as the Bar Council may think fair and reasonable.

(3) The Bar Council may from time to time fix levies payable by members for any of the purposes of the Malaysian Bar.

(4) The total of the subscriptions payable under subsection (1), the levies payable under subsection (3) and the annual contribution payable under section 80 shall not in any calendar year exceed three hundred ringgit for each member without the approval of two-thirds of the members present and voting in person at a general meeting of the Malaysian Bar.

(5) Liability to pay any annual subscription to the Malaysian Bar shall arise when the subscription has been fixed by the Bar Council. All annual subscriptions to the Malaysian Bar shall be paid by the 30th day of June of each year.

(6) An advocate and solicitor shall, if he pays his annual subscription after the date mentioned in subsection (5), pay to the Bar Council, in addition to the subscription due, an amount equivalent to the subscription so due.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/46A.Disqualification for membership of the Bar Council, a Bar Committee, or of any committee thereof

Part V MALAYSIAN BAR

Disqualification for Membership of Bar Council, Bar Committee, etc.

46A. Disqualification for membership of the Bar Council, a Bar Committee, or of any committee thereof

(1) A person shall be disqualified for being a member of the Bar Council or a Bar Committee, or of any committee of the Bar Council or a Bar Committee--

(a) (Deleted by Act A1269); or 

(b) if he is a member of either House of Parliament, or of a State Legislative Assembly, or of any local authority; or 

(c) if he holds any office in-- 

(i) any trade union; or 

(ii) any political party; or 

(iii) any other organization, body or group of persons whatsoever, whether or not it is established under any law, whether it is in Malaysia or outside Malaysia, which has objectives or carries on activities which can be construed as being political in nature, character or effect, or which is declared by the Attorney General by order published in the Gazette, to be an organization, body or group of person which has such objectives or carries on such activities. 

(2) An order made by the Attorney General under subparagraph (1)(c)(iii) shall not be reviewed or called in question in any court.

(3) Where a member of the Bar Council or a Bar Committee, or of any committee of the Bar Council or a Bar Committee, becomes disqualified under subsection (1), he shall immediately thereupon be deemed to have vacated his membership thereof and any office that he may hold therein.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/47.Establishment of Bar Council

Part V MALAYSIAN BAR

The Bar Council

47. Establishment of Bar Council

(1) For the proper management of the affairs of the Malaysian Bar and for the proper performance of its functions under this Act there shall be a Council to be known as the Bar Council.

(2) The Bar Council shall consist of the following:

(a) the immediate past President and Vice-President of the Malaysian Bar; 

(b) the chairman of each State Bar Committee and the members elected to represent each State Bar Committee pursuant to subsection 70(7); 

(c) members elected pursuant to section 50. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/48.Period of holding office

48. Period of holding office

Subject to this Act, every member of the Bar Council shall hold office for one year but shall be eligible for re-election.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/49.Election of Bar Council Members

Part V MALAYSIAN BAR

Election of Members of the Bar Council

49. Election of Bar Council Members

(1) Every year at least one week before the month of October the Bar Council shall inform all members of the Malaysian Bar that nominations for the election of the members of the Bar Council referred to in paragraph 47(2)(c) may be made and must reach the office of the Malaysian Bar during the month of October.

(2) Every nomination of a candidate for election--

(a) shall be of a person qualified to be a candidate under this Act; 

(b) shall be in writing signed by not less than three members; 

(c) shall name only one candidate and his consent shall be endorsed thereon. 

(3) The names of candidates for election nominated in accordance with subsection (1) shall be sent to or deposited at the office of the Malaysian Bar in the month of October in each year.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/50.Annual Election of Bar Council

50. Annual Election of Bar Council

(1) The annual election of members of the Bar Council referred to in paragraph 47(2)(c) shall, subject to section 51, be by postal ballot.

(2) The Bar Council shall fix and publish during the first week of November in every year and notify every member of the Malaysian Bar by letter of--

(a) the names of the candidates nominated for election in accordance with section 49; 

(b) the number of persons for whom each member is entitled to vote; 

(c) the last day for the return of the postal ballot which shall be the last day of November; 

(d) the address to which the postal ballot shall be returned; 

(e) the names of three scrutineers. 

(3) The Bar Council shall at the same time also forward to every member a ballot paper containing the names of all the candidates nominated under section 49.

(4) All envelopes containing ballot papers received by the Bar Council shall be kept unopened and shall be delivered to the scrutineers on the first working day after the last day of November.

(5) The scrutineers shall count the ballots and declare to the Secretary of the Bar Council the persons elected not later than the end of the first week of December of each year and thereupon the Secretary of the Bar Council shall forthwith advise each State Bar Committee of the persons so elected.

(6) Any accidental failure on the part of the Bar Council to comply with this section or of any rules made with respect to elections to the Bar Council shall not invalidate an election.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/51.When election deemed to be election

51. When election deemed to be election

(1) If only so many candidates are nominated for election to the Bar Council as are required to be elected, those candidates shall be deemed to be elected; if fewer, the candidates nominated shall be deemed to have been elected and they together with the other members of the Council shall appoint such further members as may be necessary to satisfy the requirements of paragraph 47(2)(c).

(2) If no nominations are made for the election of members of the Bar Council the other members of the Bar Council shall appoint as members of the Council twelve persons qualified to be candidates under this Act.

(3) Members of the Council appointed under subsections (1) and (2) shall, for the purposes of this Act, be deemed to be elected members.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/52.Bar Council when constituted

52. Bar Council when constituted

Every incoming Bar Council constituted under this Part shall take office on the conclusion of the annual general meeting next following and shall hold office until the conclusion of the annual general meeting in the following year.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/53.Casual vacancy to be filled by qualified person

53. Casual vacancy to be filled by qualified person

(1) Any casual vacancy arising amongst the elected members of the Bar Council shall be filled by the Bar Council by the appointment of a person qualified under this Act, and the new member shall hold office for the remainder of the term of office of the member he replaces.

(2) Notwithstanding any vacancy in the Council the continuing members of the Council may act if there is a quorum; ?and no act done by or under the authority of the Bar Council shall be invalid in consequence of any defect subsequently discovered in the election or qualification of the members or any of them.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/54.President, Vice-President and Secretary of the Bar

Part V MALAYSIAN BAR

Officers

54. President, Vice-President and Secretary of the Bar

(1) There shall be a President, a Vice-President and a Secretary of the Malaysian Bar to be elected by the Bar Council from amongst its members; but no President, Vice-President or Secretary shall hold office for more than two consecutive years, and in the event of any casual vacancy arising in respect of the office of the President, the Vice-President or the Secretary of the Malaysian Bar, the Bar Council shall at its next meeting or as soon as may be thereafter elect one of its members to fill the vacancy.

(2) The President or in his absence the Vice-President shall be the Chairman of the Bar Council and shall preside at all meetings of the Bar Council and of the Malaysian Bar.

(3) In the absence of both the President and the Vice-President, the Bar Council shall elect a Chairman from amongst its members.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/55.When a member of the Council to vacate office

55. When a member of the Council to vacate office

A member of the Bar Council shall vacate his office if--

(a) he is struck off the Roll or is suspended from practising as an advocate and solicitor; or

(b) he becomes bankrupt or insolvent or enters into composition with any creditor or takes or attempts to take the benefit of any written law to liquidate his assets or affairs; or 

(c) he becomes of unsound mind; or 

(d) he resigns his seat on the Council; or 

(e) he is absent from three consecutive meetings of the Bar Council without reasonable cause and the Bar Council resolves that he be removed from office. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/56.Powers and acts of Bar Council

Part V MALAYSIAN BAR

Powers of the Council

56. Powers and acts of Bar Council

The management of the Malaysian Bar and of its funds shall be vested in the Bar Council; and all the powers, acts or things which are not by this Act expressly authorized, directed or required to be exercised or done by the Malaysian Bar in general meeting may, subject to this Act or any rules made thereunder or any resolution passed from time to time by the Malaysian Bar in general meeting, be exercised or done by the Bar Council:

Provided that no such resolution of the Malaysian Bar shall invalidate the previous exercise of any power or the previous doing of any act or thing by the Bar Council which would have been valid if the resolution had not been passed.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/57.Specific powers of the Bar Council

57. Specific powers of the Bar Council

Without prejudice to the general powers conferred by section 56 or the specific powers to make rules conferred by any ??other provisions of this Act the Bar Council shall have power--

(a) to make rules to provide for all matters not expressly reserved to the Malaysian Bar in general meeting whether the same be expressed amongst its powers or not; 

(b) to answer questions affecting the practice and etiquette of the profession and the conduct of members; 

(c) to take cognizance of anything affecting the Malaysian Bar or the professional conduct of its members and to bring before any general meeting of the Malaysian Bar any matter which it considers material to the Malaysian Bar or to the interests of the profession and to make any recommendations and take any action as it considers fit in relation thereto; 

(d) to examine and if it considers fit to report upon current or proposed legislation and any other legal matters; 

(e) to represent members of the Malaysian Bar or any section thereof or any particular member in any matter which may be necessary or expedient; 

(f) with the prior approval of the Malaysian Bar in general meeting, to award prizes and scholarships for students of law and to lay down the conditions for their award; 

(g) to appoint officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time consider fair and reasonable and to determine their duties and terms of service; 

(h) to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Malaysian Bar; 

(i) to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to be beneficial or of interest to members; 

(j) to institute, conduct, defend, compound or abandon any legal proceedings by and against the Malaysian Bar or its officers or otherwise concerning the affairs of the Malaysian Bar and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Malaysian Bar; 

(k) to invest and deal with any moneys of the Malaysian Bar from time to time in securities authorized for the investment of trust funds by any written law; 

(l) from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Malaysian Bar or without any such security and upon such terms as to priority or otherwise as the Bar Council shall consider fit; and 

(m) to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Malaysian Bar in general meeting. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/58.Appointment of Committees

58. Appointment of Committees

(1) The Bar Council may appoint one or more committees for any general or special purpose as in the opinion of the Bar Council may be better regulated or managed by means of a committee and the Bar Council may delegate to any committee so appointed, with or without restrictions or conditions, the exercise of any functions of the Bar Council.

(2) The number and term of office of the members of a committee appointed under this section, and the number of these members necessary to form a quorum, shall be fixed by the Bar Council and unless so fixed shall not be less than three.

(3) A committee appointed under this section may include persons who are not members of the Bar Council.

(4) The Bar Council shall not delegate to a committee appointed under this section any of its functions unless at least two thirds of the members of the committee (including the Chairman thereof) are members of the Council.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/59.Rights to inspect file and copies of proceedings in bankruptcy

59. Rights to inspect file and copies of proceedings in bankruptcy

The Bar Council shall be entitled, without payment of any fee, to inspect the file of proceedings in bankruptcy relating to any advocate and solicitor against whom proceedings in bankruptcy have been taken, and to be supplied with office or certified copies of the proceedings on payment of the usual charge for such copies.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/60.Power of Bar Council to accept gifts

60. Power of Bar Council to accept gifts

(1) The Bar Council may on behalf of the Malaysian Bar accept by way of grant, gift, testamentary disposition or otherwise property or moneys in aid of the finances or purposes of the Malaysian Bar on such conditions as the Bar Council may determine.

(2) Registers shall be kept of all donations to the Malaysian Bar including the names of donors and any special conditions on which any donation has been given.

(3) All property, moneys or funds donated to the Malaysian Bar for any specific purposes shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they have been donated and shall be separately accounted for.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/61.Representation in court

61. Representation in court

The Malaysian Bar may be represented or appear in any court by any advocate and solicitor whether he is a member of the Bar Council or not.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/62.Meeting of the Council

Part V MALAYSIAN BAR

Proceedings of the Bar Council

62. Meeting of the Council

(1) The Bar Council may decide to call a meeting at any time and place and as often as may be necessary, and the Chairman of the Bar Council may on his own or at the request in writing of not less than one half of its members call an emergency meeting of the Bar Council to consider any urgent matter.

(2) Nine members personally present at any meeting of the Bar Council shall constitute a quorum for the transaction of any business.

(3) A decision of the majority of the members of the Bar Council present and voting at any meeting of the Bar Council shall be deemed to be a decision of the Bar Council.

(4) At any meeting of the Bar Council the Chairman shall have a casting vote.

(5) Subject to any rules of the Malaysian Bar, the Bar Council may regulate its own proceedings and in particular the holding of meetings, the notice to be given of any meetings, the proceedings at the meeting, the keeping of minutes and the custody, production and inspection of the minutes.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/63.Expenses of Members

63. Expenses of Members

No fees shall be paid to any member of the Bar Council but a member may be reimbursed from the funds of the Malaysian Bar for travelling expenses incurred by him in relation to the affairs of the Malaysian Bar.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/64.Annual General Meetings

Part V MALAYSIAN BAR

General Meeting of the Malaysian Bar

64. Annual General Meetings

(1) The Bar Council shall each year convene an annual general meeting of the Malaysian Bar to be held before the first day of April.

(2) The Bar Council shall cause to be prepared and presented to the annual general meeting--

(a) a report on the activities of the Malaysian Bar during its term of office; and 

(b) proper accounts, duly audited, of all funds, property and assets of the Malaysian Bar for the twelve months ending on the 31 day of December immediately preceding such annual general meeting. 

(3) Notice of an annual general meeting of the Malaysian Bar shall be sent to members, in such manner as the Bar Council may determine, not less than fourteen days before the date of the meeting:

Provided that the period of not less than fourteen days shall not apply in the case of an annual general meeting that is adjourned pursuant to subsection (5).

(4) The q uorum for an annual general meeting shall be five hundred members of the Malaysian Bar; and no business shall be transacted at any annual general meeting unless a quorum is present when the meeting proceeds to business.

(5) If a quorum referred to in subsection (4) is not present within one hour from the time appointed for holding the meeting, the meeting shall be adjourned to the following day at the same time and place unless otherwise notified to the members by the Bar Council in the notice convening the original meeting; and if at such adjourned annual general meeting the quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute the quorum.

(6) If any member desires to propose any motion to be considered at an annual general meeting convened under this section, he shall, not less than seven days before the date first appointed for holding the meeting, serve on the Secretary of the Malaysian Bar a notice of such motion in writing.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/65.Extraordinary General Meetings

65. Extraordinary General Meetings

(1) The Bar Council may convene a general meeting of the Malaysian Bar other than the annual general meeting at any time the Bar Council considers it necessary or expedient; and such meeting shall be known as an extraordinary general meeting.

(2) Any one hundred and fifty members of the Malaysian Bar may at any time requisition an extraordinary general meeting by written notice in that behalf signed by them and served on the President, Vice-President or the Secretary of the Malaysian Bar; and the Bar Council shall convene an extraordinary general meeting to be held within thirty days of such service.

(3) The written notice shall specify the object or objects of the proposed extraordinary general meeting.

(4) If the Bar Council fails to convene an extraordinary general meeting in accordance with the requisition within thirty days of the service of such requisition, the requisitioning members may convene the extraordinary general meeting within sixty days of such service.

(4AThe quorum for an extraordinary general meeting convened under this section shall be five hundred members of the Malaysian Bar; and no business shall be transacted at any extraordinary general meeting unless a quorum is present when the meeting proceeds to business.

(4BAn extraordinary general meeting convened under this section shall be dissolved if a quorum is not present within one hour from the time appointed for holding the meeting.

(5) If any member of the Malaysian Bar desires to propose any motion to be considered at an extraordinary general meeting to be convened under this section, he shall not less than seven days before the date of the meeting serve upon the Secretary of the Malaysian Bar notice of such motion in writing.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/66.Voting

66. Voting

At every annual general meeting and extraordinary general meeting, every member present shall have one vote and where there is an equality of votes, the Chairman of that meeting shall have a casting vote.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/67.Omitted or Deleted Section

67. Omitted or Deleted Section

(Deleted by Act A1269).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/68.Combined Bar-State Bar Committee

Part V MALAYSIAN BAR

State Bar Committee

68. Combined Bar-State Bar Committee

(1) In this Part--

"combined Bar"

means a State Bar which combines all the members in any two or more States and recognized as such under section 69.

(2) For the purposes of this Part, a member of the State Bar is deemed to be practising in a State if he ordinarily practises in that State. The opinion of the State Bar Committee shall be prima facie evidence that the member ordinarily practises in the State.

(3) A member may ordinarily practise in more than one State and all members practising in the Federal Territory shall be deemed to be members of the Selangor State Bar.

(4) Members practising in the Federal Territory of Kuala Lumpur shall be entitled to establish a separate bar for the Federal Territory of Kuala Lumpur to be known as the Kuala Lumpur Bar. The decision to have a separate bar shall be made by a majority vote of the members present at a general meeting called for this purpose.

(5) At the time of establishment of the Kuala Lumpur Bar any member who had paid the annual subscription for that calendar year to the Selangor State Bar Committee shall not be required to pay a second annual subscription for the same year to the Kuala Lumpur Bar Committee.

(6) The assets of the Selangor State Bar, which is commonly known as the Selangor and Federal Territory Bar, shall, upon establishment of the Kuala Lumpur Bar, be apportioned between the Selangor State Bar and the Kuala Lumpur Bar in the proportions that their respective memberships bear to the membership of the former combined Bar.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/69.Combination of members as State Bar

69. Combination of members as State Bar

The combination of any ten or more members in a State or of any ten or more members in two or more States for the purposes of Part IV of the Ordinance shall be recognized as a State Bar for the purposes of this Act provided that not less than ten of the members representing the State Bar have been practising in the ?relevant State or States for the whole of the period of the twelve months immediately before the coming into operation of this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/70.Annual general meeting of State Bar

70. Annual general meeting of State Bar

(1) The Secretary of each State Bar shall before the first day of February in each year, summon all members of the State Bar to an annual general meeting to be held in the month of February at a time and place to be fixed by him. Only members of the State Bar shall be entitled to attend and vote at the meeting.

(1AThe State Bar Committee shall cause to be prepared and presented to the annual general meeting--

(a) a report on the activities of the State Bar during its term of office; and 

(b) proper accounts, duly audited, of all funds, property and assets of the State Bar for the twelve months ending on the 31st day of December immediately preceding such annual general meeting. 

(1BNotice of an annual general meeting of the State Bar shall be sent to members of the State Bar, in such manner as the State Bar Committee may determine, not less than fourteen days before the date of the meeting:

Provided that the period of not less than fourteen days shall not apply in the case of an annual general meeting that is adjourned pursuant to subsection (2B).

(2) At every annual general meeting, the Chairman of the State Bar Committee shall preside and in his absence, the most senior member present who is willing to preside shall preside.

(2AThe quorum for an annual general meeting shall be five percent of the total number of members of the State Bar as at the date of the notice of the meeting; and no business shall be transacted at an annual general meeting unless a quorum is present when the meeting proceeds to business.

(2BIf a quorum referred to in subsection (2A) is not present within one hour from the time appointed for holding the meeting, it shall be adjourned to the following day at the same time and place unless otherwise notified to members by the State Bar Committee in the notice convening the original meeting; and if at such adjourned annual general meeting the quorum is not present within one hour from the time appointed for holding the adjourned meeting, the members present shall constitute the quorum.

(2CIf any member desires to propose any motion to be considered at an annual general meeting convened under this section, he shall, not less than seven days before the date first appointed for holding the meeting, serve on the Secretary of the State Bar a notice of such motion in writing.

(3) At every annual general meeting, every member present shall have one vote and where there is an equality of votes, the presiding member shall have a casting vote.

(4) The meeting shall elect from among the members of the State Bar a Chairman and not less than four but not more than ten members to form the State Bar Committee.

(5) The Chairman and the members of the committee so elected shall hold office until the conclusion of the next annual general meeting of the State Bar.

(6) Every State Bar Committee shall appoint a Secretary who shall be a Member of the State Bar.

(7) After the election of the State Bar Committee members the meeting shall elect one member of the State Bar (who need not be a member of the State Bar Committee) to represent the State Bar on the Bar Council:

Provided that where the Chairman of the State Bar Committee elected pursuant to subsection (4) is also the current President or Vice-President of the Malaysian Bar, the meeting shall elect two members instead of one to represent the State Bar on the Bar Council.

(7AIf for any reason a member elected under subsection (4) or (7) vacates office, the State Bar Committee shall appoint another member of the State Bar to take his place and the member so appointed shall hold office for the remainder of the term of office of the member he replaces.

(8) The Chairman of the State Bar Committee shall inform the Registrar and the Secretary of the Malaysian Bar the names of the persons elected and appointed as Chairman, members and Secretary respectively of the State Bar Committee and of the person or persons elected as representative or representatives of the State Bar on the Bar Council.

(9) Deleted by Act A1269).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/70A.Extraordinary General Meeting of State Bar

70A. Extraordinary General Meeting of State Bar

(1) Every State Bar Committee may convene a general meeting of the State Bar other than the annual general meeting at any time the State Bar Committee considers it necessary or expedient; and such meeting shall be known as an extraordinary general meeting.

(2) The quorum for an extraordinary general meeting convened under this section shall be five percent of the total number of members of the State Bar as at the date of the notice convening the meeting; and no business shall be transacted at any extraordinary general meeting unless a quorum is present when the meeting proceeds to business.

(3) Any ten members of the State Bar or two percent of the members of the State Bar whichever shall be the greater may at any time requisition an extraordinary general meeting by written notice in that behalf signed by them and served on the Chairman or the Secretary of the State Bar Committee and the State Bar Committee shall convene an extraordinary general meeting to be held within thirty days of such service.

(4) The written notice shall specify the object or objects of the proposed meeting.

(5) If the State Bar Committee fails to convene an extraordinary general meeting in accordance with the requisition within thirty days of the service of such requisition, the requisitioning members may convene the extraordinary general meeting within sixty days of such service.

(6) Any extraordinary general meeting convened under this section shall be dissolved if a quorum is not present within an hour from the time appointed for holding the meeting.

(7) At every extraordinary general meeting every member present shall have one vote and where there is an equality of votes, the Chairman of that meeting shall have a casting vote.

(8) If any member of the State Bar desires to propose any motion to be considered at an extraordinary general meeting convened under this section, he shall, not less than seven days before the date of the meeting, serve on the Secretary of the State Bar a notice of such motion in writing.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/71.Severance of combined Bar

71. Severance of combined Bar

(1) Where the number of members in each of the States forming a combined Bar exceeds ten, the members of the Bar of a State may, at any general meeting called for the purpose, pass by a majority of the members present and voting a resolution that such combined Bar be severed.

(2) One month after the passing of such resolution, the combined Bar shall be severed, and the members in each of the States forming the combined Bar shall thereafter form a separate State Bar.

(3) The chairman of the meeting referred to in subsection (1) shall report the passing of any resolution to the Registrar and to the Bar Council.

(4) Where the number of members in one of the States forming a combined Bar does not exceed ten, the members of the Bar of that State may sever themselves from the members of the Bar of the other State if--

(a) the number of members in the other State exceeds ten; and 

(b) the members of the Bar of the first-mentioned State have found another State the members of whose Bar have expressed their willingness by a vote of a simple majority of their members at a general meeting to combine with the members of the Bar of the first-mentioned State. 

(c) (Deleted by Act A567)

(5) Subsections (2) and (3) shall apply mutatis mutandis to a severance of a combined Bar effected pursuant to subsection (4).

(6) Where severance takes place pursuant to the provisions of this section, the assets of the former combined Bar shall be apportioned as provided in subsection 68(6) mutatis mutandis.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/72.Meeting of the State Bar Committee

72. Meeting of the State Bar Committee

(1) Each State Bar Committee shall meet at such time and place as the Chairman may appoint.

(2) Each State Bar Committee shall regulate its proceedings in any manner that it considers fit; except that the quorum shall not be less than three members personally present:

Provided that a resolution circulated and signed by not less than three members or all the members present in Malaysia whichever is the greater at the date of the passing of the resolution shall be deemed to have been passed at a properly constituted meeting of the State Bar Committee.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/73.Powers of the State Bar Committee

73. Powers of the State Bar Committee

Each State Bar Committee shall have the following powers:

(i) to levy subscriptions from its members of an amount not exceeding in any one year one hundred ringgit from each member unless it has been agreed to by the State Bar Committee at its annual general meeting that the subscription shall be in excess of one hundred ringgit; and subscriptions shall be payable in each year to the appropriate State Bar Committee by each advocate and solicitor by the 30th day of June; 

(ii) to promote and safeguard the interests of advocates and solicitors who are members of the State Bar; 

(iii) to make appropriate representations to the Malaysian Bar upon matters concerning the State Bar; 

(iv) to entertain and deal with such matters as may from time to time be referred to it either generally or specifically by the Bar Council or the State Bar in general meeting; 

(v) to provide amenities for and generally to promote the welfare of members of the State Bar; 

(vi) to inquire into and proceed with any complaint of the conduct of an advocate and solicitor in his professional capacity or of any pupil or articled clerk under Part VII; 

(vii) to co-opt as members of the Committee not more than two members of the State Bar who shall have no right to vote at any meeting of the Committee. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/74.Fees not allowed to State Bar Committee

74. Fees not allowed to State Bar Committee

No fees shall be paid to any member of a State Bar Committee, except for any travelling expenses incurred by any member of the State Bar Committee. Such expenses may with the approval of the State Bar Committee, be reimbursed to the member from the funds of that Committee.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/75.Casual vacancy

75. Casual vacancy

(1) Any casual vacancy in a State Bar Committee shall be filled by the continuing members of the State Bar Committee by the appointment of a member of the State Bar concerned and any member so appointed shall hold office for the remainder of the term of office of the member he replaces.

(2) Notwithstanding any vacancy in the State Bar Committee the continuing members of the Committee may act if there is a quorum; and no act done by or under the authority of the State Bar Committee shall be invalid in consequence of any defect subsequently discovered in the election or qualification of the members or any of them.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/76.Names of members of the bar Council, etc., to be published and confidentiality of deliberations

Part V MALAYSIAN BAR

General

76. Names of members of the bar Council, etc., to be published and confidentiality of deliberations

(1) The names of the members of the Bar Council and of the Secretary of the Malaysian Bar and of the Chairman and members of the State Bar Committees and of the Secretaries appointed by them including that of any persons appointed to fill any vacancies shall be published in the Gazette.

(2) Except and in so far as may be necessary for the purpose of publishing a report or giving effect to any resolution passed or decision taken, confidentiality of deliberations at all meetings, proceedings or inquiries of the Board, the Bar Council, the State Bar Committee, the Disciplinary Board and the Disciplinary Committee and in respect of all documents pertaining to the deliberative process shall be maintained by the members of the Board, the Bar Council, the State Bar Committee, the Disciplinary Board and the Disciplinary Committee and by their staff.

(3) No member of the Board, the Bar Council, the State Bar Committee, the Disciplinary Board, the Disciplinary Committee and their staff who are involved in any deliberations referred to in subsection (2) shall be compelled to disclose to any court any information relating to such deliberations unless the court considers such disclosure essential in the interest of justice.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/77.Power to make rules regulating practice,etc.

Part VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

77. Power to make rules regulating practice,etc.

(1) Without prejudice to any other power to make rules provided under this Act, the Bar Council may, with the approval of the Attorney General, make rules for regulating the professional practice, etiquette, conduct and discipline of advocates and solicitors.

(2) Any rules made pursuant to this section shall not come into operation until they have been published in the Gazette.

(3) Any advocate and solicitor who fails to comply with any rules made under this section may be liable to disciplinary proceedings.

(4) The Attorney General may, by order published in the Gazette, make such modifications as he deems necessary to any rules made and published under this section before the coming into operation of this subsection.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/78.Power to make particular rules

78. Power to make particular rules

(1) The Bar Council shall make rules--

(a) providing for the opening and keeping by advocates and solicitors of accounts at banks for clients' moneys; 

(b) providing for the keeping by advocates and solicitors of accounts containing particulars and information as to moneys received, held or paid by them for or on account of their clients; and 

(c) empowering the Bar Council to take such action as may be necessary to enable it to ascertain whether or not the rules are being complied with. 

(2) The Bar Council shall also make rules--

(a) providing for the opening and keeping by every advocate and solicitor who is a sole trustee, or who is co-trustee with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is such a sole trustee or co-trustee; 

(b) providing for the keeping by every such advocate and solicitor of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any such trust; and 

(c) empowering the Bar Council to take such action as may be necessary to enable it to ascertain whether or not the rules are being complied with. 

(3)(a) Rules made under this section shall make provision for requiring an advocate and solicitor, in such cases as may be prescribed by the rules, either-- 

(i) to keep on deposit in a separate account at a bank for the benefit of the client moneys received for or on account of a client if the client should so request; or 

(ii) to make good to the client out of his own moneys a sum equivalent to the interest which would have accrued if the moneys so received had been so kept on deposit. 

(b) Except as provided by any rules made pursuant to this section, an advocate and solicitor shall not be liable by virtue of the relation between advocate and solicitor and client to account to any client for interest received by him on moneys deposited at a bank being moneys received or held for or on account of his clients generally. 

(c) Nothing in this subsection, or in any rules made pursuant to this section, shall-- 

(i) affect any arrangement in writing, whenever made, between an advocate and solicitor and his client as to the application of the client's moneys or interest thereon; 

(ii) apply to moneys received by an advocate and solicitor being moneys subject to a trust of which he is a trustee. 

(4) Any rules made pursuant to this section shall not come into operation until they have been published in the Gazette.

(5) Disciplinary proceedings may be taken against any advocate and solicitor who fails to comply with any rules made under this section.

(6) In this section, the words "trust" and "trustee" extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incident to the office of a personal representative, and "trustee", where the context admits, includes a personal representative.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/78A.Power to make rules on professional indemnity

78A. Power to make rules on professional indemnity

(1) The Bar Council may, with the approval of the Attorney General, make rules concerning the taking out of professional indemnity for advocates and solicitors against any class of professional liability and the rules may for the purpose of providing such indemnity do all or any of the following:

(a) authorize the Bar Council to take out and maintain insurance in the name of the Malaysian Bar with any person permitted by law to carry on professional liability insurance business or pecuniary loss insurance business and covering every practising advocate and solicitor; 

(b) authorize the Bar Council to establish and maintain a fund or funds for the aforesaid purpose; or 

(c) require advocates and solicitors to take out and maintain insurance. 

(2) Without prejudice to the generality of subsection (1), rules made under this section may--

(a) specify the terms and conditions on which professional indemnity is to be available; 

(b) provide for the management, administration and protection of any fund established under subsection(1) and require advocates and solicitors to make payments to any such fund; 

(c) require advocates and solicitors to make payments by way of premiums on any policy taken out under subsection(1) and provide for proceedings by the Malaysian Bar or its insurers against any advocate and solicitor who fails to do so for recovery of the appropriate premiums; 

(d) prescribe the conditions which an insurance policy must satisfy for the purpose of paragraph (1)(c); 

(e) authorize the Bar Council to determine the amount of any payment required by the rules; 

(f) specify the circumstances in which where an advocate and solicitor has failed to comply with the rules, proceedings in respect of any sum paid by way of indemnity may be taken against him by the Malaysian Bar or its insurers; 

(g) prescribe that an advocate and solicitor shall not be entitled to a Sijil Annual unless he is insured as required by the rules for the period to which the Sijil Annual relates; 

(h) empower the Bar Council to take such steps as it considers necessary or expedient to ascertain and ensure that the rules are complied with; and 

(i) contain such procedural, incidental or other provisions as may be necessary or expedient for the purposes of the rules. 

(3) Nothing in this section shall affect the right of any advocate and solicitor, in addition to the indemnity provided in the rules made under this section, to insure himself further against loss arising from such claims as may be instituted against him.

(4) Any rules made under this section shall not come into operation until they have been published in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/79.Advocate and solicitor to deliver accountant's report

79. Advocate and solicitor to deliver accountant's report

(1) Every advocate and solicitor shall, unless exempted by the Bar Council, deliver to the Secretary of the Malaysian Bar with every application made by him for a Sijil Annual a report signed by an accountant, referred to as an "accountant's report" in this section.

(2) The accountant's report shall--

(a) state that the accountant in compliance with this section and any rules made thereunder has examined the books, accounts and documents of the firm of the advocate and solicitor for such accounting period as may be specified in the report; 

(b) state whether or not the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period the advocate and solicitor or his firm has complied with any rules made under subsection 78(1); 

(c) state, if the accountant is not satisfied, the matters in respect of which he is not so satisfied; 

(d) contain such information as may be prescribed by rules made by the Bar Council under this section; and 

(e) be delivered to the Secretary of the Malaysian Bar not more than twelve months (or such other period as may be prescribed by rules made under this section) after the end of the accounting period specified in the report. 

(3) Subject to any rules made under this section, the accounting period for the purposes of an accountant's report shall--

(a) begin at the expiry of the last preceding accounting period for which an accountant's report has been delivered or from the date the advocate and solicitor commenced practice, as the case may be; 

(b) cover not less than twelve months; 

(c) terminate not more than twelve months before the date on which the report is delivered to the Bar Council; and 

(d) where possible, consistent with paragraphs (a), (b) and (c) , correspond to a period or consecutive periods for which the accounts of the advocate and solicitor or his firm are ordinarily made up. 

(4) In this section "accountant" means an approved company auditor as defined in the Companies Act 1965 [Act125]. If in any particular case there shall not be an approved company auditor practising in the State in which an advocate and solicitor ordinarily practises and the Bar Council shall be of the view that by reason of the difficulty or expense involved in securing the services of an approved company auditor from outside such State it would be unreasonable to expect the advocate and solicitor to secure his service, the Bar Council may approve any other auditor whom it shall consider competent for the purposes of this section.

(5) The Bar Council shall make rules to give effect to this section and without prejudice to the generality of the foregoing such rules shall prescribe the nature and extent of the examination to be made by the accountant of the books and accounts of the firm of an advocate and solicitor and of any other relevant documents with a view to the preparation of the report to be delivered by the advocate and solicitor under this section.

(6) Any such rules may include provisions for--

(a) permitting in any special circumstances as may be defined in the rules a different accounting period from that specified in subsection (3); and 

(b) regulating any matters of procedure or matters incidental, ancillary or supplemental to this section. 

(7) Any rules made by the Bar Council under this section shall not come into operation until they have been published in the Gazette.

(8) Any advocate and solicitor who fails to comply with this section or any rules made thereunder may be liable to disciplinary proceedings.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/80.Compensation Fund

Part VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

Compensation Fund

80. Compensation Fund

(1) The Malaysian Bar shall maintain and administer in accordance with this section a fund to be known as the "Compensation Fund".

(2) Every advocate and solicitor shall on each occasion he applies for a Sijil Annual pay to the Malaysian Bar a contribution of such sum as the Bar Council may from time to time determine and the Malaysian Bar shall pay that contribution into the Fund:

Provided that an advocate and solicitor who applies for a Sijil Annual shall be required to pay only half the contribution so determined if the practising certificate for which he proposes to apply is valid for less than six months.

(3) The Malaysian Bar may invest any moneys out of the Fund which are not immediately required for any other purposes and, for the purposes of this section, the Malaysian Bar shall have all the powers of trustees under any written law.

(4) The Malaysian Bar may for the purposes of the Fund borrow from any lender and may charge any investments of the Fund by way of security for such loan.

(4AThe Bar Council may, for such of the purposes of the Malaysian Bar as the Bar Council deems fit, borrow moneys from the Fund and shall, in respect of any money so borrowed, pay to the Fund interest at the prime rate laid down by the Association of Banks in Malaysia, prevailing from time to time.

(5) The Malaysian Bar may insure the Fund with any registered insurance business in Malaysia for any purpose and on any terms as the Malaysian Bar may consider expedient.

(6) There shall be carried to the credit of the Fund--

(a) all annual contributions paid to the Malaysian Bar in pursuance of subsection (2); 

(b) all interests, dividends and other income or accretions of capital arising from the investments of the Fund; 

(c) the proceeds of any realization of any investments of the Fund; 

(d) all moneys borrowed for the purposes of the Fund; 

(e) all sums received by the Malaysian Bar under any insurance effected by the Malaysian Bar under subsection (5); and 

(f) any other moneys which may belong or accrue to the Fund or be received by the Bar Council in respect of the Fund. 

(7) All moneys from time to time forming part of the Fund and all investments of the Fund shall be applicable--

(a) for payment of any costs, charges and expenses of establishing, maintaining and administering the Fund; 

(b) for payment of any costs, charges and expenses of the Bar Council in ascertaining whether the rules made under section 78 have been complied with, pursuant to the powers given by such rules; 

(c) for payment of any premiums on insurance effected by the Malaysian Bar under subsection (5); 

(d) for repayment of any moneys borrowed by the Malaysian Bar and for payment of interest on any moneys so borrowed; 

(e) for payment of any grants which the Malaysian Bar may make under subsection (8); and 

(f) for payment of any other sums payable out of the Fund by virtue of this section. 

(8) Where it is proved to the satisfaction of the Bar Council that any person has sustained loss in consequence of dishonesty on the part of any advocate and solicitor or any clerk or servant of an advocate and solicitor in connection with that advocate and solicitor's practice in Malaysia as an advocate and solicitor, or in connection with any trust of which that advocate and solicitor is a trustee, then subject to this section, the Malaysian Bar may, if the Bar Council thinks fair and reasonable, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.

(8AIf in any year there has been neither an application made for a grant from the Fund nor a grant made from the Fund, the Bar Council may in its discretion transfer from the Fund all interests, dividends and other accretions of capital arising from the Fund, or any part thereof, to a Fund of the Malaysian Bar established for the purposes of purchasing or maintaining a library for the use of members of the Malaysian Bar and to a fund established for the purpose of providing legal aid.

(9) A grant may be made under this section whether or not the advocate and solicitor had a valid practising certificate when the act of dishonesty was committed, and notwithstanding that subsequent to the commission of the act the advocate and solicitor has died or had his name removed from or struck off the Roll or has ceased to practise or been suspended from practice.

(10) On any grant made by the Malaysian Bar under this section to any person in respect of any loss--

(a) the Malaysian Bar shall to the extent of the amount of the grant be subrogated to all such rights and remedies as the person to whom the grant is made may have against the advocate and solicitor, clerk or servant in respect of the loss; 

(b) the person to whom the grant is made shall have no right by way of bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the advocate and solicitor, clerk or servant in respect of the loss until the Fund has been reimbursed with the full amount of the grant. 

(11) Reference in paragraphs (10)(a) and (b) to the person to whom the grant is made or to the advocate and solicitor, clerk or servant shall include, in the event of his death, insolvency or other disability, reference to his personal representatives or any other person having authority to administer his estate.

(12) The Bar Council may make rules in respect of the procedure to be followed in giving effect to this section and in respect of any matters incidental, ancillary or supplemental thereto or concerning the administration or protection of the Fund.

(13) The income derived from the Compensation Fund shall be exempt from income and all other taxes, and the Fund shall be an institution approved for the purposes of section 45 of the Income Tax Act 1967 [Act 53] payments to which shall be good deductions for income tax purposes in arriving at the aggregate income of the person making the payment for the relevant year.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/81.Advocate and solicitor shall not act as commissioner or notary without certificate

81. Advocate and solicitor shall not act as commissioner or notary without certificate

No advocate and solicitor who is a commissioner for oaths or a notary public shall do any act as such commissioner or notary, as the case may be, unless he has a valid practising certificate.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/82.Advocate wilfully and knowingly acting as agent

82. Advocate wilfully and knowingly acting as agent

(1) No advocate and solicitor shall wilfully and knowingly act as agent in any legal proceedings of any kind or in any matter which under this Act can be done only by an advocate and solicitor who has a valid practising certificate for another advocate and solicitor who does not have a valid practising certificate or permit his name to be made use of in any such proceedings or matter on the account or for the profit of such other advocate and solicitor or send any process to such other advocate and solicitor or do any other act enabling such advocate and solicitor to appear, do, practise or purport to practise as an advocate and solicitor in any such proceedings or matter.

(2) No advocate and solicitor shall authorize any unauthorized person to operate any bank account in his name or in the name of his firm and maintained by him or his firm in connection with his practice as an advocate and solicitor.

(3) Any advocate and solicitor who has acted in contravention of subsection (1) or (2) may be liable to disciplinary proceedings.

(4) Any unauthorized person who acts or practises or purports to practise as an advocate and solicitor shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/83.Advocate and solicitor not to employ undischarged bankrupt

83. Advocate and solicitor not to employ undischarged bankrupt

(1) No advocate and solicitor shall, in connection with his practice, without the consent of the court obtained on an application by originating summons served upon the Attorney General and upon the Malaysian Bar, employ or remunerate any person who to his knowledge is an undischarged bankrupt or has been--

(a) struck off the Roll otherwise than at his own request in any part of Malaysia or in Singapore or elsewhere and remains struck off; 

(b) suspended from practising as an advocate and solicitor in any part of Malaysia or in Singapore or elsewhere and remains suspended; 

(c) convicted of an offence involving dishonesty or fraud or has been found guilty of an offence under the Prevention of Corruption Act 1961 [Act 57 ]; 

(d) convicted of an offence under section 15A of the Minor Offences Act 1955 [Act 336] or under this Act; 

(e) a person in respect of whom an order under subsection (2) has been made; or 

(f) employed as a public officer: 

Provided that paragraph (f) shall not apply to any public officer who is an advocate and solicitor or a qualified person.

(2) On application made by or on behalf of the Attorney General or the Malaysian Bar, the Court may make an order directing that, as from a date to be specified in the order, no advocate and solicitor shall in connection with his practice employ or remunerate any person who--

(a) has been a party to any act or default of an advocate and solicitor in respect of which a complaint has been or could have been made against him under this Act; or 

(b) has so conducted himself whilst employed by an advocate and solicitor that, had he himself been an advocate and solicitor, his conduct might have formed the subject of a complaint against him under this Act. 

(3) Every application under subsection (2) shall be served not less than ten days before the application is to be heard upon the person in respect of whom it is made and upon his employer or previous employer who is an advocate and solicitor.

(4) Every order made under subsection (2) shall be filed in a file to be kept for this purpose by the Registrar which may be inspected by any advocate and solicitor without fee.

(5) Before an advocate and solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall require that person to make a statutory declaration stating that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in paragraphs (1)(a) to (f) and that he is not a person in respect of whom an order has been made under subsection (2).

(6) Any advocate and solicitor who acts in contravention of this section may be liable to disciplinary proceedings.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/84.Advocate and solicitor acting for developer not to act for purchaser in housing development

84. Advocate and solicitor acting for developer not to act for purchaser in housing development

(1) Where an advocate and solicitor acts for a housing developer in a sale of immovable property developed under a housing development neither he nor any member or assistant of the firm of which he is a member either as partner or employee shall in the same transaction act for the purchaser of that property, and a written agreement prepared by an advocate and solicitor or any member or assistant of the firm acting for the developer in respect of such transaction shall be scrutinised by an advocate and solicitor acting for the purchaser:

Provided that if any such written agreement in respect of the transaction is not scrutinised by an advocate and solicitor acting for the purchaser, the advocate and solicitor acting for the housing developer shall obtain a certificate signed by the Purchaser showing that the Purchaser does not intend to engage an advocate and solicitor to scrutinise the agreement for him.

(2) For the purpose of this section a certificate shall not be valid unless it is signed by the Purchaser in the presence of a Commissioner for Oaths who is not an advocate and solicitor practising in partnership with, or as the employee of, the advocate and solicitor acting for the housing developer.

(3) The developer and the purchaser shall each pay for the fees of its own advocate and solicitor.

(4) In subsection (1)--

(a) the terms "housing development" has the meaning assigned to it in the Housing Developers (Control and Licensing) Act 1966 [Act 118]*; and 

NOTE --Reference to "Housing Developers (Control and Licensing) Act 1966 shall be construed as a reference to the "Housing Development (Control and Licensing) Act 1966 --See section5 of the Housing Developers (Control and Licensing) (Amendment) Act 2002 [Act A1142].

(b) "sale of immovable property" includes the grant of a lease for a term exceeding three years. 

(5) Subsection (1) is without prejudice to any law affecting an advocate and solicitor who acts for parties where there is a conflict of interest or whenever a conflict of interest may arise.

(6) An advocate and solicitor who acts in contravention of subsection (1) may be liable to disciplinary proceedings.

(7) Subsection (1) shall not apply to any transaction where the contract for sale was entered into before the coming into operation of this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/85.Registrar to maintain register of firm names

85. Registrar to maintain register of firm names

(1) The Bar Council shall maintain a register of firm names under which advocates and solicitors practise. No firm name shall be registered or struck off the register without a certificate from the Bar Council. The Bar Council may refuse a certificate for registration on the grounds that the proposed firm name is likely to be confused with a registered firm name or is likely to mislead the public. An advocate and solicitor who is dissatisfied with a decision of the Bar Council may appeal to the High Court whose decision shall be final.

(2) No person shall practise as an advocate and solicitor under a name that is not--

(a) his own name; 

(b) the names of advocates and solicitors who are or were his partners; 

(c) the names of his predecessors whose goodwill he has, or his partners have, acquired; 

(d) any one or the combination of the names specified in paragraphs (a), (b) and (c)

(3) In any case where a name which complies with subsection (2) cannot be registered without contravening subsection (1) then the person may practise under such name as he wishes which is approved by the Bar Council.

(4) An advocate and solicitor who acts in contravention of subsection (3) may be liable to disciplinary proceedings.

(5) The Bar Council shall, at the request of the partners practising under a firm name, and may, if it is satisfied that no one is practising under that name, remove a firm name from the register.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/86.Where solicitor and client relationship exists

86. Where solicitor and client relationship exists

(1) Where the relationship of advocate and solicitor and client exists, or has existed, a summons may be issued by the client or his representative for the delivery of a cash account, or the payment of moneys, or the delivery of securities.

(2) The Court or a Judge may order an advocate and solicitor to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into court the whole or any part of the same, within such time as the Court or Judge orders.

(3) In the event of the advocate and solicitor alleging that he has a claim for costs, the Court or Judge may make such provision for the payment thereof or security therefor or the protection of the advocate and solicitor's lien, if any, as the Court or Judge thinks fair and reasonable.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/87.Where money is due from advocate and solicitor to the client

87. Where money is due from advocate and solicitor to the client

(1) If, during the taxation of any bill of costs or the taking of any account between the advocate and solicitor and client, it appears to the Registrar that there are moneys due from an advocate and solicitor to the client, the Registrar may make an interim certificate as to the amount so payable by the advocate and solicitor.

(2) Upon the filing of such certificate the Court or a Judge may order the moneys so certified to be paid forthwith to the client or brought into court.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/88.Guilty advocate and solicitor, etc.

Part VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

Control of Property

88. Guilty advocate and solicitor, etc.

(1) The Bar Council may if it has reasonable cause to believe that an advocate and solicitor, or a clerk or servant of an advocate and solicitor, has been guilty of dishonesty in connection with that advocate and solicitor's practice as an advocate and solicitor or in connection with any trust of which that advocate and solicitor is a trustee, issue a certificate to that effect and thereupon the Schedule, except paragraph 7 thereof, shall apply in relation to that advocate and solicitor.

(2) Where the name of an advocate and solicitor is removed from the Roll or an advocate and solicitor is suspended from practice, he shall, within twenty-one days from the material date, satisfy the Bar Council that he has made suitable arrangements for making available to his client or to some other advocate and solicitor or advocates and solicitors instructed by his client or by himself--

(a) all deeds, wills, documents constituting or evidencing title to any property, papers, books of account, records, vouchers and other documents in his or his firm's possession or control, or relating to any trust of which he is the sole trustee or co-trustee with one or more of his partners, clerks or servants; and 

(b) all sums of money due from him or his firm to, or held by him or his firm on behalf of, his clients or subject to any such trust as aforesaid. 

(3) If he fails so to satisfy the Bar Council, the said Schedule shall apply in relation to him.

(4) In subsection (2), the expression "the material date" means the latest of whichever of the following dates:

(a) the date when the order of the Disciplinary Committee or of the Court by or in pursuance of which the advocate and solicitor's name is removed from, or struck off, the Roll, or the advocate and solicitor is suspended from practice, is to take effect; 

(b) the last date on which an appeal against the order in paragraph (a) may be lodged; 

(c) the date on which an appeal under paragraph (b) is dismissed or abandoned. 

(5) In this section and in the Schedule, the words "trust" and "trustee" have the same meanings as in subsection 78(6).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/88A.Suspension of advocate and solicitor

88A. Suspension of advocate and solicitor

(1) Where an advocate and solicitor--

(a) has been found guilty by a court of law of any offence involving dishonesty, misuse of his client's moneys or dishonesty towards a client or in respect of any property belonging to a client; 

(b) has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner in any other country; 

(c) in respect of whom a complaint has been made to the Bar Council concerning any dishonest act or acts committed by him in his capacity as an advocate and solicitor; 

(d) has left the country or has not attended at his office in such circumstances that the Bar Council may reasonably presume that he has absconded; or 

(e) is otherwise incapable, from infirmity of body or mind or any other cause, of effectively performing the functions of an advocate and solicitor, and the Bar Council considers that it would be in the public interest or in the interest of his clients or of the profession that such advocate and solicitor be suspended from practice, the Bar Council may apply by summons to the Chief Judge ex parte for an order suspending such advocate and solicitor from practice until further order.

(2) The Chief Judge may order that the application be served on such advocate and solicitor.

(3) The Chief Judge if satisfied that such advocate and solicitor should be suspended from practice may make an order to that effect until any further order of the Court.

(4) Such advocate and solicitor may within one month of the making of the order appeal against that order to the Federal Court whose decision shall be final.

(5) There shall be no stay of execution of the order pending appeal.

(6) Unless the order is reversed upon appeal, the provisions of subsections 88(2) and (3) shall apply mutatis mutandis to the advocate and solicitor in question; and for the purpose of subsection (4) of that section the expression "the material date" means the date of the order.

(7) The Bar Council shall as soon as possible refer to the Disciplinary Board a complaint against the advocate and solicitor in question.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/89.Taking of possession of documents in the possession of advocate and solicitor

89. Taking of possession of documents in the possession of advocate and solicitor

(1) Where--

(a) a complaint is made to the Bar Council that there has been undue delay on the part of an advocate and solicitor in connection with any matter in which he or his firm has been instructed on behalf of a client or any matter which relates to the administration of a trust of which that advocate and solicitor is the sole trustee or co-trustee with one or more of his partners, clerks or servants; 

(b) the Bar Council has by notice in writing invited the advocate and solicitor to give an explanation in respect of that matter; 

(c) the advocate and solicitor has, within a period of not less than twenty-one days specified in the said notice, failed to give an explanation in respect of that matter which the Bar Council regard as sufficient and satisfactory; and 

(d) the advocate and solicitor has been notified in writing by the Bar Council that he has so failed, the Schedule to this Act, other than paragraph 7 thereof, shall apply in relation to that advocate and solicitor, but as regards the documents specified in paragraph 1, and the sums of money specified in paragraph 9, of the Schedule, only in so far as they relate to the matter complained of:

Provided that for the purposes of the proviso to paragraph 6 of the Schedule, the Bar Council may take copies of, or extracts from, documents which relate to the matter complained of or to that matter and to other matters in the advocate and solicitor's practice.

(2) In this section, the words "trust" and "trustee" have the same meanings as in subsection 78(6).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/90.Taking of possession of property in Counsel's possession when he is undischarged bankrupt, etc.

90. Taking of possession of property in Counsel's possession when he is undischarged bankrupt, etc.

(1) Where an advocate and solicitor practises in his own name or as a sole advocate and solicitor under a firm name and--

(a) is an undischarged bankrupt or a receiving order in bankruptcy is in force against him; 

(b) has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; 

(c) has had an order of committal or an order for the issue of a writ of attachment made against him; or 

(d) is a mentally disordered person or patient as defined by the Mental Disorders Ordinance 1952 [Ord. No. 31 of 1952], and the Bar Council or State Bar Committee have reasonable cause to believe that in consequence of the act, default or disability of the advocate and solicitor or of any clerk or servant of his--

(i) there has been undue delay in connection with any matter in which the advocate and solicitor or his firm has been instructed on behalf of a client on any matter which relates to the administration of a trust of which the advocate and solicitor is the sole trustee or co-trustee with one or more of his clerks or servants; or 

(ii) any sum of money due from that advocate and solicitor or his firm to, or held by him or his firm on behalf of, his clients or subject to any trust of which he is such sole trustee or co-trustee as aforesaid is in jeopardy while in the control or possession of that advocate and solicitor or his firm, the Schedule to this Act, other than paragraph 7 thereof, shall apply in relation to that advocate and solicitor:

Provided that for the purposes of the proviso to paragraph 6 of the Schedule, the Bar Council may take copies of, or extracts from, documents which relate to any matter referred to in subparagraph (i) of this section or to any sum of money referred to in subparagraph (ii) of this section or to that matter or sum of money, as the case may be, and to other matters in the advocate and solicitor's practice.

(2) In this section, the words "trust" and "trustee" have the same meanings as in subsection 78(6).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/91.Personal representative liable for acts of advocate and solicitor

91. Personal representative liable for acts of advocate and solicitor

(1) Where--

(a) the Bar Council has reasonable cause to believe that the personal representatives of a deceased advocate and solicitor who immediately before his death was practising as an advocate and solicitor in his own name, or as a sole advocate and solicitor under a firm name, have been guilty of dishonesty or undue delay in administering the affairs of that advocate and solicitor's practice or in connection with any trust of which that advocate and solicitor was the sole trustee or co-trustee only with one or more of his clerks or servants; or 

(b) an advocate and solicitor dies and immediately before his death the provisions of the Schedule applied to him, the provisions of the Schedule, other than paragraph 7 thereof, shall apply in relation to the personal representatives and shall continue to apply to the personal representatives of the advocate and solicitor last mentioned as they apply or applied, as the case may be, in relation to the advocate and solicitor referred to in those provisions and as if the words "the personal representatives" were, with the necessary adaptations, substituted for the words "the advocate and solicitor" wherever these words occur in those provisions.

(2) In this section, the words "trust" and "trustee" have the same meanings as in subsection 78(6).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/92.Bar Council to operate bank account of deceased solicitors' client

92. Bar Council to operate bank account of deceased solicitors' client

On the death of an advocate and solicitor who immediately before his death was practising as an advocate and solicitor in his own name or as a sole advocate and solicitor in a firm name the right to operate, or otherwise deal with, any banking account in the name of the advocate and solicitor or his firm, being an account into which has been paid any clients' money shall, notwithstanding anything to the contrary contained in this Act, vest in the Bar Council to the exclusion of any personal representatives of the advocate and solicitor and shall be exercisable as from the death of the advocate and solicitor.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/92A.Interpretation of "advocate and solicitor" in certain provisions

92A. Interpretation of "advocate and solicitor" in certain provisions

For the purposes of disciplinary proceedings under this Part, except under subsection 93(5), subsection 94(2), section 96 and paragraph 98(1)(a), "advocate and solicitor" includes a foreign lawyer registered under section 40J.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/93.Disciplinary Board

Part VII DISCIPLINARY PROCEEDINGS

93. Disciplinary Board

(1) For the purposes of disciplinary proceedings under this Part, there shall be established a Disciplinary Board.

(2) The Disciplinary Board shall have the same powers as those exercised by the Bar Council before the coming into force of this Part.

(3) The Disciplinary Board shall consist of the following:

(a) the chairman of the Disciplinary Board appointed by the Chief Judge after consultation with the Bar Council for a term of two years and such person shall be a retired Judge of the High Court or the Court of Appeal or the Federal Court or any other person who is qualified to be a Judge of the High Court or the Court of Appeal or the Federal Court:

Provided that the Chief Judge may, after consultation with the Bar Council, extend such term of appointment for another two years and may reappoint for another period not exceeding two years; 

(b) the President of the Malaysian Bar or any member of the Bar Council as his representative; and 

(c) fifteen practitioner members of the Malaysian Bar of not less than ten years' standing appointed by the Chief Judge for a term of two years after consultation with the Bar Council: 

Provided that the Chief Judge may, after consultation with the Bar Council, extend such term of appointment for a period not exceeding a further two years.

(3ADeleted by Act A1444

(3BThe qualification referred to in paragraph (3)(a) shall not in any way relate to the age of the person.

(4) The quorum of the Disciplinary Board shall be seven members of whom one member shall be from paragraph (3)(a), one member from paragraph (3)(b) and five members from paragraph (3)(c):

Provided that the number of members from paragraph (3)(c) may be increased accordingly if the provisions of subsection (4A) or subsection (4C) applies in order to maintain the quorum at seven members.

(4AThe chairman of the Disciplinary Board shall preside at the meetings of the Disciplinary Board and if the chairman disqualifies himself pursuant to subsection (4A) or subsection (4C) or if the chairman is unable, through illness or any other cause, to attend the meeting, the President of the Malaysian Bar shall preside at the meeting.

(4BIf the President of the Malaysian Bar also disqualifies himself from deliberating on any complaint pursuant to subsection (4c) or is unable, through illness or any other cause, to attend the meeting, the members present shall elect one of their number to preside at the meeting for the purposes of the complaint.

(4CThe Chairman of the Disciplinary Board, the President of the Malaysian Bar and any other member of the Disciplinary Board shall, where it is necessary in the interest of justice, disqualify himself from deliberating on any complaint.

(5) The Secretary to the Disciplinary Board shall be a full time employee of the Bar Council appointed under section 98 and such person shall be--

(a) an advocate and solicitor of not less than five years' standing; or 

(b) an advocate and solicitor of not less than three years' standing and who has, in addition, worked with the Bar Council or the Disciplinary Board for not less than two years. 

(6) The Disciplinary Board may make rules relating to its quorum and to regulate its procedure.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/94.Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc.

94. Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc.

(1) All advocates and solicitors shall be subject for the purposes of all disciplinary actions to the control of the Disciplinary Board.

(2) Any advocate and solicitor who has been guilty of any misconduct shall be liable to one or more of the following penalties or punishments:

(a) to be struck off the Roll; 

(b) to be suspended from practice for any period not exceeding five years; 

(c) to be ordered to pay a fine not exceeding fifty thousand ringgit; or 

(d) to be reprimanded or censured. 

(3) For the purposes of this Part, "misconduct" means conduct or omission to act in Malaysia or elsewhere by an advocate and solicitor in a professional capacity or otherwise which amounts to grave impropriety and includes--

(a) conviction of a criminal offence which makes him unfit to be a member of his profession; 

(b) breach of duty to a court including any failure by him to comply with an undertaking given to a court; 

(c) dishonest or fraudulent conduct in the discharge of his duties; 

(d) breach of any rule of practice and etiquette of the profession made by the Bar Council under this Act or otherwise; 

(e) being adjudicated a bankrupt and being found guilty of any of the acts or omissions mentioned in paragraph 33(6)(a), (b), (c), (e) , (f), (h), (k) or (l) of the Bankruptcy Act 1967; 

(f) the tendering or giving of any gratification to any person for having procured the employment in any legal business of himself or any other advocate and solicitor;

(g) directly or indirectly procuring or attempting to procure the employment of himself or any other advocate and solicitor through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given; 

(h) accepting employment in any legal business through a tout; 

(i) allowing any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision; 

(j) the carrying on by himself, directly or indirectly, of any profession, trade, business or calling which is incompatible with the legal profession or being employed for reward or otherwise in any such profession, trade, business or calling; 

(k) the breach of any provision of this Act or of any rules made thereunder or any direction or ruling of the Bar Council; 

(l) the disbarment, striking off, suspension or censure in his capacity as a legal practitioner in any other country or being guilty of conduct which would render him to be punished in any other country; 

(m) the charging, in the absence of a written agreement, in respect of professional services rendered to a client, of fees or costs which are grossly excessive in all the circumstances; 

(n) gross disregard of his client's interests; and 

(o) being guilty of any conduct which is unbefitting of an advocate and solicitor or which brings or is calculated to bring the legal profession into disrepute. 

(4) Where an advocate and solicitor--

(a) has been found guilty by a court of law of any offence involving dishonesty, misuse or misappropriation of any money or property of a client or of any other person; 

(b) has been disbarred, struck off, suspended, reprimanded or censured in his capacity as a legal practitioner in any other country; 

(c) is the subject of a complaint concerning any dishonest act committed by him in his capacity as an advocate and solicitor; 

(d) has left the country or has not attended at his office in such circumstances that the Bar Council may reasonably presume that he has absconded; or 

(e) is otherwise incapable from infirmity of body or mind or any other cause of effectively performing the functions of an advocate and solicitor, and the Bar Council considers that it would be in the public interest or in the interest of his clients or of the profession that such advocate and solicitor be suspended from practice, the Bar Council may apply to the Disciplinary Board for an order suspending such advocate and solicitor from practice until further notice.

(4ANotwithstanding subsection (2), any registered foreign lawyer who has been guilty of any misconduct shall be liable to be suspended, for any period not exceeding five years, or revocation of his registration or reprimanded or censured or ordered to pay a fine, as the case may be.

(5) A pupil shall mutatis mutandis be subject to the same control by the Disciplinary Board as is by virtue of this section exercised over an advocate and solicitor, and any reference to advocate and solicitor in this Part shall mutatis mutandis include a pupil but in lieu of an order striking him off the Roll or suspending him, an order may be made prohibiting the pupil from proceeding with any petition for admission until after a date to be specified in the order.

(6) For the purpose of this section, "pupil" includes a person who has completed the prescribed period of pupillage and has yet to be admitted as an advocate and solicitor.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/95.Disciplinary Committee Panel

95. Disciplinary Committee Panel

For the purposes of disciplinary proceedings under this Part, there shall be established a Disciplinary Committee Panel with a Disciplinary Committee established under it.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/96.Appointment of Disciplinary Committee Panel

96. Appointment of Disciplinary Committee Panel

(1) The Disciplinary Board shall, from time to time as may be required, appoint a Disciplinary Committee Panel, from a list supplied by the Bar Council, comprising thirty members of whom twenty members shall be advocates and solicitors of not less than ten years' standing and having valid practising certificates and ten members who are lay persons:

Provided that the Disciplinary Board may, whenever it deems it necessary or expedient, and after consulting the Bar Council, vary the number of members of the Disciplinary Committee Panel. Any variation of the number of members shall be in the same proportion of advocates and solicitors and lay persons as described above.

(2) Every member of the Disciplinary Committee Panel shall serve for two years:

Provided that the Disciplinary Board may extend his term for a period not exceeding a further two years or reappoint him.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/97.Omitted or Deleted Section

97. Omitted or Deleted Section

(Deleted by Act A1269).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/98.Director and staff of the Complaints Secretariat

98. Director and staff of the Complaints Secretariat

(1) The Bar Council shall, from time to time as may be required, appoint--

(a) an advocate and solicitor-- 

(i) of not less than five years' standing; or 

(ii) of not less than three years' standing and who has, in addition, worked with the Bar Council or the Disciplinary Board for not less than two years, to the office of the Director of Complaints Secretariat. 

(b) such number of staff to assist the Director. 

(2) The Director shall serve as the Secretary to the Disciplinary Board.

(3) The Bar Council shall be responsible for the remuneration of the Director and the staff and shall have the power to revoke their appointments.

(4) The Director shall be responsible for the daily administration of complaints against advocates and solicitors under this Part.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/99.Complaint against advocate and solicitor or pupil

99. Complaint against advocate and solicitor or pupil

(1) Any complaint concerning the conduct of any advocate and solicitor or of any pupil shall be in writing and shall in the first place be made or referred to the Disciplinary Board which shall deal with such complaint in accordance with such rules as may from time to time be made under the provisions of this Part.

(2) Any court including the Industrial Court and a Syariah Court, Judge, Sessions Court Judge or Magistrate or the Attorney General may at any time refer to the Disciplinary Board any complaint against an advocate and solicitor or a pupil.

(3) Nothing in this section shall be taken to preclude the Bar Council or a State Bar Committee from making any complaint of its own motion to the Disciplinary Board against an advocate and solicitor or a pupil.

(3ANo complaint concerning the conduct of any advocate and solicitor or of any pupil shall be inquired into by the Disciplinary Board after the expiration of six years from the date when the right of action to bring the complaint accrued:

Provided that where--

(a) the complaint is based upon the fraud of the advocate and solicitor or his agent or of any person through whom he or his agent claims; or 

(b) the right of action to bring the complaint is concealed by the fraud of the advocate and solicitor or of his agent or any person through whom he or his agent claims, the period of limitation shall not begin to run until the complainant has discovered the fraud, or could with reasonable diligence have discovered it.

(4) Where a complaint is made against a legal firm, it shall be deemed to be a complaint made--

(a) in the case of a sole proprietorship, against the advocate and solicitor who was at the material time the sole proprietor of the legal firm; or 

(b) in the case of a partnership, against all the advocates and solicitors who were at the material time partners of the legal firm, 

unless the legal firm satisfies the Disciplinary Board of the identity of the advocate and solicitor in the legal firm against whom the complaint has arisen.

(5) Where at any stage of the proceedings the Disciplinary Board is satisfied that a complaint made against a legal firm should be directed against a particular advocate and solicitor, the Disciplinary Board shall forthwith replace the name of the legal firm with the name of the advocate and solicitor concerned.

(6) For the purpose of this section, "legal firm" includes an international partnership or a qualified foreign law licensed under Part IVA.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/100.Inquiry into application or complaint

100. Inquiry into application or complaint

(1) Where a written application or complaint is made or referred to the Disciplinary Board, the Disciplinary Board shall, if it is satisfied that--

(a) there is no merit in the application or complaint, dismiss the application or complaint and notify the complainant and the advocate and solicitor of its decision; or 

(b) there is merit in the application or complaint-- 

(i) post or deliver to the advocate and solicitor concerned a copy of the application or complaint together with all supporting documents, if any, furnished to the Disciplinary Board; and 

(ii) request the advocate and solicitor to furnish his written explanation in quadruplicate together with supporting documents, if any, within fourteen days of the request or within such longer time as the Disciplinary Board may allow. 

(2) Where the advocate and solicitor does not furnish his written explanation to the Disciplinary Board as requested under subparagraph (1)(b)(ii), the Disciplinary Board shall proceed to appoint a Disciplinary Committee.

(3) Where the advocate and solicitor has furnished his written explanation to the Disciplinary Board under subparagraph (1)(b)(ii), the Disciplinary Board shall review the matter and--

(a) if it is satisfied that there is no merit in the application or complaint, dismiss the application or complaint and notify the parties accordingly; or 

(b) if it is still of the view that there is merit in the application or complaint, proceed to appoint a Disciplinary Committee. 

(4) Notwithstanding subsection (2) and paragraph (3)(b), if the Disciplinary Board considers that the application or complaint may be dealt with summarily, it shall give a written notice to the advocate and solicitor to determine whether the advocate and solicitor agrees that the application or complaint be dealt with summarily.

(5) If the advocate and solicitor fails to respond within fourteen days from the date of the notice referred to in subsection (4), the Disciplinary Board shall proceed to appoint a Disciplinary Committee.

(6) If the advocate and solicitor agrees that the application or complaint be dealt with summarily, the Disciplinary Board may, having ascertained that the advocate and solicitor understands the nature and consequences of the application or complaint being dealt with summarily, proceed to do so.

(7) After dealing summarily with the application or complaint, the Disciplinary Board may impose one or more of the following penalties or punishments:

(a) reprimand or censure the advocate and solicitor;

(b) impose a fine-- 

(i) not exceeding five thousand ringgit on the advocate and solicitor if no cause of sufficient gravity exists for a formal inquiry; or 

(ii) not exceeding fifty thousand ringgit on the advocate and solicitor where the advocate and solicitor has admitted to the misconduct or the material facts establishing the misconduct or where the material facts establishing the misconduct are evident and do not warrant further inquiry; 

(c) suspend the advocate and solicitor from practice or in the case of a foreign lawyer, recommend to the Bar Council for his suspension, as the case may be, for such period not exceeding five years as the Disciplinary Board deems appropriate in the circumstances; or 

(d) strike the advocate and solicitor off the Roll or in the case of a foreign lawyer, recommend to the Bar Council for the revocation of his registration. 

(8) Notwithstanding subsection (7), the Disciplinary Board may also make an order of restitution of the complainant's monies if it is established that such monies were or are held by the advocate and solicitor in his professional capacity and the complainant is entitled to the return of such monies or part thereof.

(9) Before imposing any one or more of the penalties or punishments under subsection (7) or making an order of restitution under subsection (8), the Disciplinary Board shall notify the advocate and solicitor of its intention to do so and give him a reasonable opportunity to be heard.

(10) An order of restitution made pursuant to subsection (8) shall be deemed to be an order of the High Court and be enforced accordingly by the complainant.

(11) If the advocate and solicitor does not agree that the application or complaint be dealt with summarily, the Disciplinary Board shall proceed to appoint a Disciplinary Committee pursuant to section 103A.

(12) The Disciplinary Board may, at any stage after an application or a complaint has been received, require the production of such further documents or explanations from either the complainant or the advocate and solicitor or both or from such other person as the Disciplinary Board may require, and the parties to the application or complaint shall be provided with all such documents or explanations.

(13) Any advocate and solicitor or any other person who without reasonable excuse refuses or fails to produce to the Disciplinary Board any document or fails to give any information which may relate to or be connected with the subject matter of the complaint shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding three months or to both.

(14) The Disciplinary Board may, at any stage of an inquiry into an application or complaint, determine that a formal inquiry is required and appoint a Disciplinary Committee accordingly.

(15) Nothing in this section shall preclude the Disciplinary Board from dismissing an application or complaint at any stage.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/101.Omitted or Deleted Section

101. Omitted or Deleted Section

(Deleted by Act A1269).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/102.Omitted or Deleted Section

102. Omitted or Deleted Section

(Deleted by Act A1269).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103.Effect of Disciplinary Board's order of fine or restitution

103. Effect of Disciplinary Board's order of fine or restitution

(1) Where the Disciplinary Board has ordered a fine to be paid by an advocate and solicitor or has ordered a restitution to be made by an advocate and solicitor, such fine shall be paid or such restitution shall be made within one month from the date of the order or such further date as the Disciplinary Board may allow, and in default thereof the Disciplinary Board may order suspension of the advocate and solicitor from practice until the payment of such fine or sum to be restituted or if the advocate and solicitor is currently not in possession of a practicing certificate, order that no Sijil Annual shall be issued to him until payment of the fine or sum to be restituted is made or in the case of a foreign lawyer, recommend to the Bar Council to suspend his registration until the payment of such fine or sum to be restituted is made.

(2) A fine payable under this section shall be deemed to be a debt outstanding to the Malaysian Bar and may be recoverable as a civil debt.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103A.Appointment of Disciplinary Committee

103A. Appointment of Disciplinary Committee

(1) Where--

(a) the Disciplinary Board determines that a Disciplinary Committee ought to be appointed; 

(b) an advocate and solicitor has been convicted of an offence of criminal breach of trust under section409 of the Penal Code [Act 574] or any other offence involving fraud or dishonesty; or 

(c) the advocate and solicitor has been suspended under subsection 94(4), the Disciplinary Board shall, as soon as may be practicable, appoint a Disciplinary Committee.

(2) A Disciplinary Committee shall consist of three members of whom shall be--

(a) two advocates and solicitors; and 

(b) one lay person, appointed from the Disciplinary Committee Panel.

(3) The Disciplinary Board shall at the time of appointment of a Disciplinary Committee appoint a member from paragraph (2)(a) to be the chairman of the Disciplinary Committee.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103B.Inquiry by the Disciplinary Committee

103B. Inquiry by the Disciplinary Committee

(1) The Disciplinary Committee shall, within one month of its appointment, commence its inquiry into the written application or complaint and shall make its findings expeditiously.

(1AThe Disciplinary Committee shall keep a note of the proceedings of the inquiry and submit the findings and the notes of the proceedings to the Disciplinary Board.

(2) For the purposes of any inquiry under subsection (1) the Disciplinary Committee may--

(a) require the production for inspection by the Disciplinary Committee of any book, document or paper which may relate to or be connected with the subject matter of the inquiry and may require any person to give information in relation to such book, document or paper; 

(b) require such person concerned to give all information in relation to any such book, document or paper which may be reasonably required by the Disciplinary Committee; and 

(c) require any person whom it considers necessary to appear before it to give oral evidence relating to or connected with the subject matter of the inquiry. 

(3) Any--

(a) advocate and solicitor or any other person who, without reasonable excuse, refuses or fails to produce to the Disciplinary Committee for inquiry any book, document or paper or fails to give any such information relating thereto under paragraph (2)(a) or (b); and 

(b) person who, without reasonable excuse, refuses or fails to appear to give oral evidence under paragraph (2)(c), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding three months or to both.

(4) Before the Disciplinary Committee commences its hearing in respect of any matter, the Disciplinary Committee shall post or deliver to the advocate and solicitor concerned--

(a) a copy of any written application or complaint and of any statutory declaration or affidavit that has been made in support of the written application or complaint; and 

(b) a notice inviting the advocate and solicitor concerned, within such period being not less than fourteen days as may be specified in the notice-- 

(i) to give to the Disciplinary Committee any written explanation he may wish to offer which may be additional to any previous written explanation he may have proffered under section 100; and 

(ii) to advise the Disciplinary Committee if he wishes to be heard by the Disciplinary Committee. 

(5) The Disciplinary Committee shall allow the time specified in the notice to elapse and give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires and shall give due consideration to any explanation he may make

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103C.Findings and recommendations of the Disciplinary Committee

103C. Findings and recommendations of the Disciplinary Committee

(1) Upon conclusion of the inquiry, a Disciplinary Committee shall record its findings in relation to the facts of the case and according to those facts shall determine and make any one of the following recommendations to the Disciplinary Board:

(a) that no cause for disciplinary action exists and that the application or complaint be dismissed; 

(b) that cause for disciplinary action exists but is not of sufficient gravity to warrant any punishment other than a reprimand or censure or that the circumstances are such that the advocate and solicitor should only be reprimanded or censured; or 

(c) that cause for disciplinary action exists and is of sufficient gravity to warrant the advocate and solicitor to be subject to one or more of the following penalties or punishments: 

(i) reprimand or censure; 

(ii) imposition of a fine not exceeding fifty thousand ringgit; 

(iii) suspension of the advocate and solicitor from practice, or in the case of a foreign lawyer, recommendation to the Bar Council for suspension of registration, for such period not exceeding five years as the Disciplinary Committee deems appropriate in the circumstances; or 

(iv) striking the advocate and solicitor off the Roll or in the case of a foreign lawyer, recommendation to the Bar Council for revocation of the registration of the foreign lawyer. 

(2) The Disciplinary Committee may in appropriate cases in addition to its recommendation of an appropriate penalty or punishment recommend that the Disciplinary Board make an order of restitution by the advocate and solicitor of the complainant's monies if it is established that such monies were or are held by the advocate and solicitor in his professional capacity and the complainant is entitled to the return of such monies or part thereof

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103D.Consideration by the Disciplinary Board of the report of the Disciplinary Committee

103D. Consideration by the Disciplinary Board of the report of the Disciplinary Committee

(1) After consideration of the report of the Disciplinary Committee, the Disciplinary Board may make an order affirming or rejecting the finding or recommendation of the Disciplinary Committee and if the Disciplinary Board rejects the finding or recommendation of the Disciplinary Committee, the Disciplinary Board shall record the reason for the rejection.

(2) The Disciplinary Board may in appropriate cases impose a greater or lesser penalty or punishment than that recommended by the Disciplinary Committee.

(3) Where the Disciplinary Board does not agree with the finding or recommendation of the Disciplinary Committee, the Disciplinary Board shall make such other order as it deems just.

(4) Before the Disciplinary Board makes an order that is likely to be adverse against an advocate and solicitor under subsection (2) or (3), it shall notify the advocate and solicitor of its intention to do so and give him a reasonable opportunity to be heard.

(5) Where the Disciplinary Board makes an order that the advocate and solicitor should make restitution to the complainant, it may stipulate the time within which such restitution ought to be made.

(6) A sum ordered by the Disciplinary Board under subsection(5) to be restituted may be recoverable by the complainant as a civil debt.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/*103E.Appeal from the final order or decision of the Disciplinary Board

*103E. Appeal from the final order or decision of the Disciplinary Board

(1) Any party aggrieved by any final order or decision made by the Disciplinary Board--

(a) pursuant to subsection 94(4); 

(b) under paragraph 100(1)(a), (3)(a) or subsection 100(7) or (8); or 

(c) under section 103Dshall have the right to appeal to the High Court within one month of the receipt of the notification of that order or decision.

(2) (Deleted by Act A1444)

(3) (Deleted by Act A1444)

(4) The appeal shall be by way of an originating motion setting out the ground of appeal supported by affidavit.

(5) Any appeal against the decision of the High Court shall lie to the Court of Appeal and thereafter to the Federal Court.

(6) The Bar Council may in its discretion intervene at any stage of any appeal under this section.

(7) The Disciplinary Board shall not be cited as a party in any appeal under this section.

(8) (Deleted by Act A1444)

NOTE--(1) Where on the date of coming into operation of this Legal Profession (Amendment) Act 2006 [ActA1269] appeals under section 103E were pending before the High Court or the Federal Court, as the case may be, the proceedings shall be continued under and in conformity with the provisions of section 103E as amended by this Amendment Act; but where on the date of coming into operation of this Amendment Act any appeal was in the course of being heard, or had been heard but no order or decision had been made on the appeal, the proceedings shall continue under the provisions of the principal Act applicable to those proceedings immediately before the date of coming into operation of this Amendment Act.

(2) Where on the date of coming into operation of this Amendment Act, disciplinary proceedings were pending before the Disciplinary Board, the proceedings shall continue under the provisions of the principal Act applicable to those proceedings immediately before the date of coming into operation of this Amendment Act and the Disciplinary Board may make such order or decision as it could have made under the authority vested in it under the principal Act immediately before the date of coming into operation of this Amendment Act.

(3) Any written application or complaint concerning the conduct of any advocate and solicitor or of any pupil referred to the Disciplinary Board before the date of coming into operation of this Amendment Act shall be dealt with under the provisions of the principal Act applicable to disciplinary proceedings immediately before the date of coming into operation of this Amendment Act -- See "Saving and transitional" of section 35 of Act A1269.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103EA.Objection from any decision, etc., other than final order or decision made by the Disciplinary Board

103EA. Objection from any decision, etc., other than final order or decision made by the Disciplinary Board

(1) Where a party is aggrieved by any decision, order, ruling or direction of the Disciplinary Committee or the Disciplinary Board, other than a final order or decision made by the Disciplinary Board referred to in section 103E, the aggrieved party may file an objection in writing in respect of any such decision, order, ruling or direction with the Disciplinary Committee or Disciplinary Board, as the case may be, within fourteen days of being duly notified of the decision, order, ruling or direction.

(2) Where the objection raised is in respect of the composition or participation of any member of the Disciplinary Committee or the Disciplinary Board, as the case may be, in meetings, proceedings or inquiries before the Disciplinary Committee or Disciplinary Board, the procedures to deal with the objection shall be as set out in the rules made under this Part.

(3) After the objection referred to in subsection (2) has been dealt with, the Disciplinary Committee or the Disciplinary Board, as the case may be, shall proceed with the inquiry or proceeding until its completion.

(4) Where the objection raised is not related to matters referred to in subsection (2), the Disciplinary Committee or Disciplinary Board, as the case may be--

(a) shall make such decision, order, ruling or direction on the objection as it deems just; and 

(b) shall proceed with the inquiry or proceeding until its completion. 

(5) Where the inquiry or proceeding referred to in subsection (3) and paragraph (4)(b)--

(a) is before the Disciplinary Committee, after the completion of the inquiry or proceeding, the Disciplinary Committee shall make its recommendation to the Disciplinary Board pursuant to section 103C; or 

(b) before the Disciplinary Board, after the completion of the inquiry or proceeding, the Disciplinary Board shall make its order or decision pursuant to section 103D

(6) The order or decision of the Disciplinary Board under paragraph (5)(b) shall be suspended from coming into effect for thirty days from the date of the order or decision or to such further time as the Court may allow to enable an aggrieved party to apply to the Court for a review.

(7) If an aggrieved party does not apply for review, the order or decision of the Disciplinary Board shall take effect immediately upon the expiration of the period of thirty days.

(8) Nothing in this section shall preclude an aggrieved party from raising any objections under this section as grounds of appeal in any appeal he may file under section 103E.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103EB.Costs against frivolous or vexatious application or complaint

103EB. Costs against frivolous or vexatious application or complaint

(1) Where the Disciplinary Board--

(a) determines that the application or complaint be dismissed under paragraph 100(1)(a) or (3)(a) or subsection 103D(1); and 

(b) further records the opinion that the application or complaint was frivolous or vexatious, the advocate and solicitor may, by originating summons to be heard before a judge, ask the Court to order that costs of the application or complaint shall be paid by the person who made the application or complaint.

(2) After hearing the summons, the Court may determine the quantum of such costs, and may order that those costs or any part thereof shall be paid by that person.

(3) Any order made by the Court pursuant to this section shall be enforceable in the same manner as any other order for costs made in proceedings in the Court.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103F.Power to make rules

103F. Power to make rules

(1) The Disciplinary Board shall, from time to time, make rules to regulate the procedure pertaining to disciplinary proceedings.

(2) Any rules made under this Part shall not come into operation until they have been published in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103G.Omitted or Deleted Section

103G. Omitted or Deleted Section(Deleted by Act A1269).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103H.Establishment of Discipline Fund

103H. Establishment of Discipline Fund

(1) The Malaysian Bar shall establish, maintain and administer a fund which shall be known as the "Discipline Fund".

(2) Every advocate and solicitor shall on each occasion he applies for a Sijil Annual pay to the Malaysian Bar a contribution to the Discipline Fund of such sum as the Bar Council may from time to time determine:

Provided that where an advocate and solicitor is applying for a practising certificate which is to be valid for a period which is less than six months in a calendar year, he shall be required to pay a contribution of only one half of the sum determined for that year.

(3) All costs, charges and expenses for the purposes of any disciplinary proceeding under this Act shall be defrayed out of the Discipline Fund.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103I.Payment of fees, fine, costs, etc., into Discipline Fund

103I. Payment of fees, fine, costs, etc., into Discipline Fund

There shall be paid into the Discipline Fund the fees prescribed pursuant to section 140 and any fine, penalty, or any other payment ordered by the Disciplinary Board to be paid.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/103J.Power to make rules

103J. Power to make rules

The Disciplinary Board may, in consultation with the Bar Council and with approval of the Minister, make such rules as may be expedient or necessary for the better carrying out of the provisions of this Part of this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/104.Omitted or Deleted Section

104. Omitted or Deleted Section

(Deleted by Act A567).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/105.Advocate and solicitor may apply to remove his name from the Roll

105. Advocate and solicitor may apply to remove his name from the Roll

(1) Any advocate and solicitor may, subject to this section and to any rules made in that behalf, apply to the Court to have his name removed from the Roll.

(2) Every such application shall be made by way of originating motion and shall be supported by an affidavit in the prescribed form which shall be served on the Bar Council not less than two months before the application is heard.

(3) The Bar Council may for good cause require the applicant to advertise his intention to make the application in such manner as the Bar Council shall direct.

(4) An application under this section shall be heard by a Judge sitting in open court.

(5) No order shall be made on an application under this section if the Judge is satisfied that--

(a) disciplinary action is pending against the applicant; or 

(b) the conduct of the applicant is the subject of inquiry under this Part. 

(6) On the hearing of any such application the Judge may make an order--

(a) directing the Registrar to strike off the applicant's name from the Roll; or 

(b) adjourning the same sine die or to such date as the Judge seems fair and reasonable, and such order for the payment of costs as may be just

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/106.Bar Council to give Registrar notice of order adverse to advocate and solicitor

106. Bar Council to give Registrar notice of order adverse to advocate and solicitor

The Bar Council shall give the Registrar notice of every order made under this Part that is adverse to an advocate and solicitor, and the Registrar shall cause a notice of the effect of that order to be entered on the Roll against the name of the advocate and solicitor concerned:

Provided that an order as to costs only need not be so entered on the Roll.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/107.High Court may restore an advocate and solicitor

107. High Court may restore an advocate and solicitor

(1) The High Court may, if it thinks fair and reasonable, at any time order the Registrar to restore to the Roll the name of an advocate and solicitor which has been removed from, or struck off, the Roll.

(2) Any application that the name of an advocate and solicitor be restored to the Roll shall be by originating motion supported by affidavit, before the High Court.

(3) Notice of the motion shall be served on the Bar Council which shall be represented at the hearing of the motion and shall place before the Court a report which shall include copies of the record of any proceedings as the result of which the name of the advocate and solicitor was removed from, or struck off, the Roll and a statement of any facts which have occurred since the name of the advocate and solicitor was removed from, or struck off, the Roll and which in the opinion of the Bar Council or any member of it are relevant to be considered or to be investigated in connection with the application.

(4) (Deleted by Act A1444)

(5) Any appeal against the decision of the High Court shall lie to the Court of Appeal and thereafter to the Federal Court.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/108.Costs for proceedings under this Part

108. Costs for proceedings under this Part

The costs of and incidental to all proceedings under this Part shall be at the discretion of the Court hearing the proceedings and may include the costs of the Bar Council and the costs of proceedings before the Disciplinary Committee.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/109.If person inquired fails to attend

109. If person inquired fails to attend

If the person whose conduct is the subject of inquiry fails to attend before the Court or the Disciplinary Committee, as the case may be, the inquiry or proceedings may be proceeded with without further notice to such person upon proof of service by affidavit or statutory declaration or in such other manner as the Court may direct.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/110.Publication and document presumed evidence of facts therein stated

110. Publication and document presumed evidence of facts therein stated

(1) In any proceedings under this Part any publication purporting to be printed under the authority of the General Council of the Bar or the Law Society in England and any document purporting to be signed under the authority of those bodies shall, until the contrary is proved, be evidence of the facts therein stated or of any rule, practice or usage prevailing in England as therein stated.

(2) When the person whose conduct is the subject of inquiry does not appear and the Disciplinary Committee determines under section109 to proceed in his absence and in any other case with the consent in writing of that person, the Disciplinary Committee may either as to the whole case or as to any particular fact or facts, proceed and act on evidence by affidavit or statutory declaration.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/111.No action against Disciplinary Committee, etc.,for act done

111. No action against Disciplinary Committee, etc.,for act done

No action or proceeding shall lie against the Disciplinary Committee, the Disciplinary Board, the Malaysian Bar, the Bar Council or any State Bar Committee or any member thereof for any act or thing done under this Act including any pronouncement or publication of any decision of the Disciplinary Board unless it is proved to the Court that the act or thing was done in bad faith or with malice.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/112.No advocate and solicitor to purchase interest of client

Part VIII REMUNERATION OF ADVOCATES AND SOLICITORS

112. No advocate and solicitor to purchase interest of client

(1) Except as expressly provided in any written law, or by rules made under this Act, no advocate and solicitor shall--

(a) purchase or agree to purchase either directly or indirectly an interest or any part of the interest which is the subject matter of his client or that of the other party in the same suit, action or other contentious proceeding brought or to be brought or maintained; or 

(b) enter into any agreement by which he is retained or employed to prosecute any suit or action or other contentious proceeding which stipulates for or contemplates payment only in the event of success in such suit, action or proceeding. 

(2) Nothing in this Act shall be construed to legalise any purchase or agreement prohibited by subsection (1) or to any disposition, contract, settlement, conveyance, delivery, dealing or transfer which is void or invalid against--

(a) the Official Assignee under the law relating to bankruptcy; 

(b) a liquidator or receiver under the law relating to the winding up of companies; or 

(c) a creditor in any composition. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/113.The Solicitors Costs Committee

113. The Solicitors Costs Committee

(1) The Solicitors Costs Committee shall consist of the following persons:

(a) the Chief Judge or a Judge of the High Court nominated by the Chief Judge (in this section referred to as "the Chief Judge or his nominee"); 

(b) the Attorney General or a member of the Attorney General's Chambers nominated by the Attorney General; 

(c) the Chief Registrar or a Senior Assistant Registrar nominated by the Chief Registrar; 

(d) four advocates and solicitors nominated by the Bar Council. 

(2) The Solicitors Costs Committee shall be convened by the Chief Judge at the request of any of its members.

(3) The Solicitors Costs Committee or any four of the members of the Committee (the Chief Judge or his nominee being one) may make general orders prescribing and regulating in any manner as they think fair and reasonable the remuneration of advocates and solicitors in respect of non-contentious business and any order made under this section may revoke or alter any previous order so made.

(4) An order made under this section may, as regards the mode of remuneration, prescribe that it shall be according to a scale of rates or commission or percentage, varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another, and may regulate the amount or remuneration with reference to all or any of the following, among other, considerations:

(a) the position of the party for whom the advocate and solicitor is concerned in the business, whether as vendor or purchaser, lessor or lessee, mortgagor or mortgagee, and the like; 

(b) the place where, and the circumstances in which, the business or any part it is transacted; 

(c) the amount of the capital money or rent to which the business relates; 

(d) the skill, labour and responsibility involved on the part of the advocate and solicitor; 

(e) the number and importance of the documents prepared or perused, without regard to length. 

(5) An order under this section may authorize and regulate--

(a) the taking by an advocate and solicitor from his client of security for payment of any remuneration, to be ascertained by taxation or otherwise, which may become due to him under any such order; and 

(b) the allowance of interest. 

(6) So long as an order made under this section is in operation, taxation of bills of costs of advocates and solicitors in respect of non-contentious business shall, subject to section 121, be regulated by that order.

(7) Section 136 shall apply to any order made under this section.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/114.Advocate and solicitor may make agreement for remuneration from client

114. Advocate and solicitor may make agreement for remuneration from client

(1) Whether or not any order is in force under section 113, an advocate and solicitor and his client may, either before or after or in the course of the transaction of any non-contentious business, make an agreement as to the remuneration of the advocate and solicitor in respect thereof:

Provided that such agreement shall not provide for costs at a scale lower than that provided by any order made under section 113.

(2) The agreement may provide for the remuneration of the advocate and solicitor by a gross sum, or by commission or percentage, or by salary, or otherwise, and it may be made on the terms that the amount of the remuneration stipulated in the agreement shall or shall not include all or any disbursements made by the advocate and solicitor in respect of searches, plans, travelling, stamps, fees or other matters.

(3) The agreement shall be in writing and signed by the person bound by it or as his agent on his behalf.

(4) The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of an advocate and solicitor:

Provided that if on any taxation of costs the agreement is relied on by the advocate and solicitor and objected to by the client as unfair or unreasonable, the taxing officer may inquire into the facts and certify them to the Court, and if on that certificate it appears just to the Court that the agreement should be cancelled, or the amount payable thereunder reduced, the Court may order the agreement to be cancelled, or the amount payable to be reduced, and may give such consequential directions as the Court thinks fair and reasonable.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/115.Advocate and solicitor entitled to costs of negotiation of mortgagor

115. Advocate and solicitor entitled to costs of negotiation of mortgagor

(1) If a mortgage is made to an advocate and solicitor, either alone or jointly with any other person, he, or the firm of which he is a member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not an advocate and solicitor and the mortgagor had retained and employed him or them to transact that business and do these acts.

(2) If a mortgage has been made to, or has become vested by transfer or transmission in, an advocate and solicitor either alone or jointly with any other person, and any business is transacted or acts are done by that advocate and solicitor, or by the firm of which he is a member, in relation to that mortgage or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the mortgagor on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to, and had remained vested by transfer or transmission in, a person who was not an advocate and solicitor and that mortgagor has retained and employed him to transact that business and do these acts.

(3) In this section the word "mortgage" includes any charge on any property for securing money or money's worth.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/116.Advocate and solicitor may enter agreement for costing contentious business

Part VIII REMUNERATION OF ADVOCATES AND SOLICITORS

Contentious Business

116. Advocate and solicitor may enter agreement for costing contentious business

(1) Subject to the provisions of any written law, an advocate and solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of his costs in respect of contentious business done or to be done by such advocate and solicitor, either by a gross sum, or otherwise, and either at the same rate or at a greater or lesser rate than the rate at which he would otherwise be entitled to be remunerated.

(2) Every such agreement shall be signed by the client and shall be subject to this Part.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/117.Costs recoverable from client by other person not attested

117. Costs recoverable from client by other person not attested

(1) Any agreement entered into pursuant to section 116 shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other person, and any other person may require any costs payable by him to or recoverable by him from the client to be taxed according to the rules for the time being in force for the taxation of such costs, unless such other person had otherwise agreed:

Provided that the client who has entered into any agreement shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of the agreement, more than the amount payable by the client to his own advocate and solicitor.

(2) Such an agreement shall be deemed to exclude any further claim of the advocate and solicitor beyond the terms of agreement in respect of any services, fees, charges or disbursements in relation to the conduct and completion of the business in reference to which the agreement is made, except such services, fees, charges or disbursements, if any, as are expressly excepted by the agreement.

(3) Subject to this Part, the costs of an advocate and solicitor in any case where there is any agreement as is referred to in section116, shall not be subject to taxation, nor to section 124.

(4) A provision in any such agreement which states that the advocate and solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/118.Enforcement of agreements

118. Enforcement of agreements

(1) No action or suit shall be brought or instituted upon any agreement as is referred to in section116, but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced, varied or set aside by suit or action by summons, motion or petition by any person or the representatives of any person being a party to such agreement, or being alleged to be liable to pay, or being or claiming to be entitled to be paid the costs, fees, charges or disbursements in respect of which the agreement is made, by the Court in which the business or any part thereof was done, or a Judge of the Court, or, if the business was not done in any Court, then by the High Court or a Judge of the High Court.

(2) Upon any such summons, motion or petition, if it appears to the Court or a Judge that such agreement is in all respects fair and reasonable between the parties, the agreement may be enforced by the Court or a Judge by rule or order, in the manner and subject to the conditions, if any, as to the costs of the summons, motion or petition as the Court or the Judge thinks fair and reasonable.

(3) If the substantive terms of any agreement are deemed by the Court or the Judge to be unfair or unreasonable, the agreement may be declared void, and the Court or Judge may thereupon order the agreement to be given up for cancellation, and may direct the costs, fees, charges and disbursements incurred or chargeable in respect of the matters included therein to be taxed, in the same manner and according to the same rules as if the agreement has not been made:

Provided that the Court or Judge may amend or ratify the agreement where not all the substance of the agreement is unfair or unreasonable.

(4) The Court or the Judge may also make such order as to the costs relating to the summons, motion or petition and the proceedings thereon as to the Court or the Judge seems fair and reasonable.

(5) When the amount agreed under such agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay the same, any Court or a Judge having jurisdiction to examine and enforce the agreement may, on application by the person who has paid the amount within twelve months after payment and, if it appears to the Court or Judge that the special circumstances of the case require the agreement to be reopened, reopen the agreement and order the costs, fees, charges and disbursements to be taxed, and the whole or any portion of the amount received by the advocate and solicitor to be repaid by him, on such terms and conditions as to the Court or Judge seems fair and reasonable.

(6) Where any agreement is made by the client in the capacity of guardian or of trustee under a deed or will, or of committee of any person or persons whose estate or property will be chargeable with the amount payable under the agreement or with any part of the amount, the agreement shall before such payment be laid before the Registrar for his examination and the Registrar may disallow any part thereof, or may require the direction of the Court or a Judge to be taken thereon by summons, motion or petition.

(7) If in any such case--

(a) the client pays the whole or any part of the amount payable under the agreement without the previous approval of the Registrar or the Court or the Judge, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged; and 

(b) the advocate and solicitor accepts payment without such approval, any court which would have had jurisdiction to enforce the agreement may, if it thinks fair and reasonable, order him to refund the amount so received by him under the agreement or any part thereof. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/119.Any party may set aside agreement of deceased advocate and solicitor not performed

119. Any party may set aside agreement of deceased advocate and solicitor not performed

(1) Where an advocate and solicitor has made an agreement with his client in pursuance of section 116 and anything has been done by the advocate and solicitor under the agreement, and, before the agreement has been completely performed by him, the advocate and solicitor dies or becomes incapable of acting an application may be made to the court by any party to the agreement or by the representatives of the party, and the Court shall thereupon have the same power to enforce or set aside the agreement, if it had not be acted upon.

(2) The Court, even if it considers the agreement to be in all respects fair and reasonable, may order the amount due in respect of the business done thereunder to be ascertained by taxation.

(3) The Registrar in ascertaining any such amount shall have regard, so far as may be, to the terms of the agreement.

(4) Payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the advocate and solicitor.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/120.Where client changes counsel before agreement performed

120. Where client changes counsel before agreement performed

(1) Notwithstanding the existence of any agreement under section 116, a client may change his advocate and solicitor before the conclusion of the business to which the agreement relates and in that case the advocate and solicitor who is a party to the agreement shall be deemed to have become incapable of acting under the same within the meaning of this section.

(2) Upon any order being made for taxation of the amount due to an advocate and solicitor in respect of business done under the agreement, the Court shall direct the Registrar to have regard to the circumstances under which the change of advocate and solicitor has taken place.

(3) Upon taxation the advocate and solicitor shall not be considered to be entitled to the full amount of the remuneration agreed to be paid to him unless it appears that there has been no default, negligence, improper delay or other conduct on his part affording reasonable ground to the client for changing his advocate and solicitor.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/121.Where remuneration of advocate and solicitor not subject of agreement

121. Where remuneration of advocate and solicitor not subject of agreement

(1) Where the remuneration of an advocate and solicitor in respect of contentious business done by him is not the subject of an agreement made pursuant to section 116, the solicitor's bill of costs may at the option of the advocate and solicitor either contain detailed items or be for a gross sum:

Provided that--

(a) at any time before service upon him of a writ or other originating process for the recovery of costs included in a gross sum bill and before the expiration of three months from the date of the delivery to him of the bill, the party chargeable therewith may require the advocate and solicitor to deliver to him in lieu of the cost a bill containing detailed items, and the gross sum bill shall thereupon be of no effect; 

(b) where an action is commenced on a gross sum bill, the Court shall, if so requested by the party chargeable therewith before the expiration of one month from the service on that party of the writ or other originating process, order that the bill shall be taxed; 

(c) if a gross sum bill is referred to taxation, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to taxation and the advocate and solicitor shall furnish the taxing officer with such details of any of the costs covered by the bill as the taxing officer may require. 

(2) Subsection (1) shall not apply to fees paid to an advocate and solicitor who is briefed as a senior counsel.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/122.Advocate and solicitor defined

Part IX RECOVERY AND TAXATION OF COSTS

122. Advocate and solicitor defined

In this Part the expression "advocate and solicitor" includes the executors, administrators and assignees of the advocate and solicitor in question.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/123.Advocate and solicitor entitled to charge on property for costs

123. Advocate and solicitor entitled to charge on property for costs

Any court in which an advocate and solicitor has been employed to prosecute or defend any suit, matter or proceeding may at any time declare the advocate and solicitor entitled to a charge on the property recovered or preserved in such suit, matter or proceeding for such advocate and solicitor's taxed costs in reference to that suit, matter or proceeding, and may make such orders for the taxation of the costs and for raising money to pay, or for paying, the costs out of the property as it thinks fair and reasonable, and all conveyance and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the advocate and solicitor:

Provided that no order shall be made if the right to recover the costs is barred by the Limitation Act 1953 [Act254].

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/124.No advocate and solicitor to sue for costs until delivery of bill of cost

124. No advocate and solicitor to sue for costs until delivery of bill of cost

(1) Except as authorized by this Act, no advocate and solicitor shall without the leave of the court commence or maintain any action for the recovery of any costs due for any business done by him until the expiration of one month after he has delivered to the party to be charged therewith, or sent by post to, or left with him at, his office or place of business, dwelling house or last known place of abode, a bill of costs, which bill shall be signed either by the advocate and solicitor, or in the case of a partnership, by any of the partners, either with his own name or with the name or style of the partnership, or by another advocate and solicitor employed by the first-named advocate and solicitor or the partnership, or be enclosed in or accompanied by a letter, signed in the like manner, referring to the bill.

(2) Where a bill is proved to have been delivered in compliance with subsection (1) it shall not be necessary in the first instance for the advocate and solicitor to prove the contents of the bill and it shall be presumed until the contrary is shown to be a bill bona fide complying with this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/125.Power of court to authorize solicitor to commence action

125. Power of court to authorize solicitor to commence action

The Court may authorize an advocate and solicitor to commence an action for recovery of his costs and also refer his bill of costs for taxation by the Registrar, although one month has not expired from the delivery of the bill, upon proof to its satisfaction that any party chargeable therewith is about to quit Malaysia, or to have a receiving order made against him, or to compound with his creditors or to take any other steps or do any other act which in its opinion would tend to defeat or delay the advocate and solicitor in obtaining payment.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/126.An order for taxation of costs to be made within 6 months of delivery of bill of costs

126. An order for taxation of costs to be made within 6 months of delivery of bill of costs

(1) An order for the taxation of a bill of costs delivered by any advocate and solicitor may be obtained by a petition as a matter of course by the party chargeable therewith, or by any person liable to pay the cost either to the party chargeable or to the advocate and solicitor, at any time within six months from the delivery of the bill, or, by the advocate and solicitor after the expiration of one calendar month, and within a year from, the delivery.

(2) The order shall contain such directions and conditions as the court thinks proper, and any party aggrieved by any order of Court may apply by summons in chambers that the same may be amended or varied or set aside.

(3) In any case where an advocate and solicitor and his client consent to taxation of a solicitor's bill the Registrar may proceed to tax the bill notwithstanding that there is no order therefor.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/127.The cost of obtaining an order for taxation

127. The cost of obtaining an order for taxation

The costs of obtaining an order for taxation of costs, including the petition order and service of order, other than any court fees payable thereon or disbursements, if the order is obtained by consent by the advocate and solicitor of either party shall be the sum of twenty five ringgit:

Provided that if one of the parties does not consent to taxation the cost of obtaining an order of court shall be the sum of one hundred and fifty ringgit.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/128.Order for taxation of advocate and solicitor's bill on notice given

128. Order for taxation of advocate and solicitor's bill on notice given

(1) After the expiration of six months from the delivery of a bill of costs, or after payment of the bill of costs, no order shall be made for taxation of a solicitor's bill of costs, except upon notice to the advocates and solicitors and under special circumstances to be proved to the satisfaction of the Court.

(2) No such order for taxation shall in any event be made after the expiry of one year from the delivery of the bill of costs.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/129.Petition by party liable for a bill of costs

129. Petition by party liable for a bill of costs

All petitions by a party chargeable with or liable for a bill of costs shall, unless the same has been already paid, contain a submission by the party to pay the amount of the bill of costs to the advocate and solicitor when taxed.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/130.Order for delivery of solicitor's bill of costs by way of petition

130. Order for delivery of solicitor's bill of costs by way of petition

(1) An order for the delivery of a solicitor's bill of costs, and for delivery up of any deeds, documents or other papers in the possession of the advocate and solicitor may, subject to any lien which such advocate and solicitor may have, and for the taxation of the bill when delivered, be obtained on a petition of course.

(2) Upon the petition being filed, the Registrar shall mark the order thereon forthwith, and draw up the order if necessary.

(3) Subject to this section, the Court shall have the like jurisdiction as the High Court in England to make an order under subsection(1).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/131.Court may order advocate and solicitor to deliver copy of bill to applicant

131. Court may order advocate and solicitor to deliver copy of bill to applicant

When application is made by a party other than the party chargeable, the Court may order the advocate and solicitor to deliver to the party making the application a copy of the bill, upon payment of the costs of making the copy.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/132.Bill of costs to follow Rules of court

132. Bill of costs to follow Rules of court

Bills of costs for taxation as between advocate and solicitor and client shall be drawn in the manner provided by the Rules of the High Court, and the taxation shall be governed by the Rules.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/133.Registrar may allow interest on money disbursed by counsel

133. Registrar may allow interest on money disbursed by counsel

The Registrar may allow interest at any rate and from any time as he thinks fair and reasonable on moneys disbursed by an advocate and solicitor for his client, and on moneys of the client in the hands of the advocate and solicitor and improperly retained by him.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/134.Costs of order of taxation payable by solicitor

134. Costs of order of taxation payable by solicitor

(1) In case any order for taxation is made upon the application of the party chargeable or liable, or of advocate and solicitor, the costs of the order and taxation, except when the order has been made after the expiration of one year, shall be paid according to the event of such taxation--

(a) if the bill when taxed is less by a sixth part than the bill delivered, then the solicitor shall pay the costs; 

(b) if the bill when taxed is not less by a sixth part, then the party chargeable or liable, if the application is made by him, or if he attends the taxation, shall pay the costs. 

(2) Every order for any reference under section 125 shall direct the Registrar to tax the costs of the reference, and to certify what, upon the reference, is found to be due to or from the advocate and solicitor in respect of the bill, and of the costs of the reference, if payable.

(3) The Registrar shall certify any special circumstances relating to the bill or taxation.

(4) The court may thereupon make any order as it considers fair and reasonable respecting the payment of the costs of such taxation.

(5) Where any such reference is made, but it is otherwise not authorized except under special circumstances, the Court may give any special directions relative to the costs of the reference.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/135.Certificate of taxing officer final

135. Certificate of taxing officer final

The certificate of the Registrar by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered by such certificate, and the Court may make any order in relation to the certificate it considers fair and reasonable, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/136.Right of Government to costs unaffected

136. Right of Government to costs unaffected

Nothing in this Act shall affect the right, which is hereby declared, of the Government when represented by any of the persons mentioned in paragraph 35(2)(a) to recover costs awarded to it in or respecting any cause or matter, and in any such cause or matter the costs of the Government shall be taxed in accordance with any rules in force for the time being for the taxation of the fees and costs of advocates and solicitors as if an advocate and solicitor of the High Court who is not in the service of the Government had appeared on behalf of the Government.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/137.Board and Bar to maintain an office

Part X MISCELLANEOUS

137. Board and Bar to maintain an office

(1) The Board and the Malaysian Bar shall each keep and maintain at all times an office and shall respectively publish in the Gazette the address of that office and any change of such address.

(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications required or authorized or ordered to be served on or delivered or sent to the Board or the Malaysian Bar shall be deemed to be duly served, delivered or sent if left at the office of the Board or the Malaysian Bar, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/138.Document to be served may be sent by post

138. Document to be served may be sent by post

(1) Any document other than the process of court that is required to be served or delivered under this Act may be sent by post.

(2) A certificate in writing signed by an officer of the Malaysian Bar or the Board, or a member of the Bar Council that any document was properly addressed and posted and setting out the date of posting shall be prima facie evidence of service of the document.

(3) Any document addressed to an advocate and solicitor at his only or principal address last appearing in the Register of Practitioners shall be deemed to be properly addressed.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/139.Bar Council or Malaysian Bar to recover sum of money

139. Bar Council or Malaysian Bar to recover sum of money

In addition to any other method of recovery and to any other right, remedy or power vested in the Malaysian Bar or in the Bar Council, any sum of money payable under this Act or any rules or by-laws made thereunder may be recoverable by the Bar Council or the Malaysian Bar as a debt in any court of competent jurisdiction.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/140.Fees to be prescribed by Rules Committee

140. Fees to be prescribed by Rules Committee

The fees payable under sections 18, 28 and 29 shall be prescribed from time to time by the Rules Committee and the payment of such fee shall be noted by an impressed stamp on the relevant document.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/141.Bank not bound to take notice of right against the account of advocate and solicitor

141. Bank not bound to take notice of right against the account of advocate and solicitor

(1) Subject to this section, no bank shall, in connection with any transaction relating to the account of any advocate and solicitor kept with it or with any other bank (other than an account kept by an advocate and solicitor as trustee for a specified beneficiary), incur any liability or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the moneys paid or credited to it:

Provided that nothing in this subsection shall relieve a bank from any liability or obligation under which it would be liable under section 93 or this section.

(2) Notwithstanding subsection (1), a bank at which an advocate and solicitor keeps an account of his clients moneys shall not, in respect of any liability of the advocate and solicitor to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of set-off, counterclaim, charge or otherwise, against money standing to the credit of that account.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/142.No estate duty payable for bequest to the Bar

142. No estate duty payable for bequest to the Bar

(1) No estate duty shall be payable in respect of any amount of any bequest to the Malaysian Bar, and the value of the property passing on the death of a deceased donor shall not be deemed to include the amount of the bequest for the purpose of assessing the rate of estate duty.

(2) The Board and the Malaysian Bar shall each be deemed to be--

(a) an institution specified in the First Schedule to, and under paragraph 13(1)(e) of the Income Tax Act 1967; and 

(b) an institution of a public character approved by the Minister for the purposes of paragraph 37(2)(c) of the Income Tax Act 1967. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/143.Definition

Part XI TRANSITIONAL PROVISIONS

143. Definition

(1) In this Part, unless the context otherwise requires--

"former roll"

means the roll of advocates and solicitors kept under section 3 of the Ordinance;

"Local Bar Committee" and "Bar Council"

shall have the meanings assigned to these expressions in the Ordinance.

(2) This Part shall have effect notwithstanding anything to the contrary in any other provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/144.Nomination of members of Board

144. Nomination of members of Board

(1) The respective authorities mentioned in section 7 shall nominate persons to be members of the Board in accordance with that section within one month of the coming into operation of Part II.

(2) The terms of office of members of the Board other than the Attorney General shall commence on the day when the Board first meets for the despatch of business.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/145.Registrar to transfer to the Roll the names of advocates and solicitors

145. Registrar to transfer to the Roll the names of advocates and solicitors

(1) The Registrar shall transfer to the Roll the names of all advocates and solicitors on the former roll with the dates in the order of their respective admissions.

(2) The Registrar in making such transfer may omit the names of any person known to the Registrar to be deceased or not ordinarily resident in Malaysia.

(3) Any person whose name has been wrongly or inadvertently omitted may apply to the Registrar to have his name entered and the Registrar shall forthwith enter the applicant's name, upon the Roll.

(4) Every person whose name has been entered on the Roll under this section shall, until the contrary is proved, be deemed to have been duly admitted under this Act.

(5) Section 107 shall apply to any person whose name was removed from, or struck off, the former roll.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/146.Definition

146. Definition

(1) In this section the expression "pending petition" shall mean--

(a) a petition filed pursuant to subsection(2); or 

(b) a petition filed before the coming into operation of Part II in which no order for the admission of the petitioner has been made when Part II comes into operation. 

(2) Notwithstanding the repeal of the Ordinance, any qualified person who is desirous of filing a petition for admission before the Board is constituted may do so under the Ordinance.

(3) Subject to this section, sections 5 to 9 of the Ordinance shall apply to every pending petition.

(4) Sections 27 and 28 apply to every pending petition.

(5) If no order for the admission of a petitioner in a pending petition is made before the expiry of twelve months of the coming into operation of this Act or such extended period as the Court may allow that pending petition shall be deemed to have lapsed.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/147.Certificate issued under section 26 deemed practising certificate

147. Certificate issued under section 26 deemed practising certificate

A certificate issued under section 26 of the Ordinance shall, subject to the provision relating to the suspension of practising certificates in this Act and notwithstanding any date endorsed thereon, be deemed to be a practising certificate issued under section29.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/148.Bar Council and Committee holding office at date of coming into force of this Act

148. Bar Council and Committee holding office at date of coming into force of this Act

The Bar Council and the State Bar Committees holding office at the date of the coming into operation of Part V shall remain in office until meetings have been held and elections of new State Bar Committees and a new Bar Council have taken place in the manner and at the times provided in this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/149.Assets and property of Bar Council and Local Bar

149. Assets and property of Bar Council and Local Bar

All property and assets of the Bar Council and the State Bar Committees shall, upon the coming into operation of Part V, be vested in the Bar Council and the State Bar Committees respectively without further act or formality.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/150.Saving

150. Saving

(1) All applications and complaints made under sections 27, 28 and 30 of the Ordinance and all proceedings before a Disciplinary Committee appointed under the Ordinance or before the court under section31 of the Ordinance shall proceed as though the applications or complaints were made or the proceedings commenced under this Act, and for the purposes of this section any Disciplinary Committee appointed under the Ordinance shall be deemed to be a Disciplinary Committee appointed under this Act.

(2) This Act shall apply to all applications, complaints and proceedings, and in the event of any doubt or difficulty application shall be made by way of originating summons to a judge for directions, and any order made by a judge under this section shall not be the subject of appeal and shall for all purposes be deemed to be under this Act.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/151.Provisions of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until General Orders made under the Act

151. Provisions of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until General Orders made under the Act

Until general orders prescribing and regulating the remuneration of advocates and solicitors in respect of non-contentious business are made under section 113 their remuneration shall be regulated in accordance with the Ordinance.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/152.Repeal

Part XII REPEAL

152. Repeal

(1) The Advocates and Solicitors Ordinance 1947 is hereby repealed.

(2) The Advocates Ordinance of Sabah [Sabah Cap. 2] and the Advocates Ordinance of Sarawak [Sarawak Cap. 110] shall be repealed on the coming into operation of this Act in Sabah and Sarawak.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/SCHEDULE