Malaysia legislation
Section 88
Section 88
(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;
*NOTE—See footnote on “Disciplinary Committee” or “Inquiry Committee” under paragraph 33(1)(d).
102 Laws of Malaysia ACT 166
(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).
Suspension of advocate and solicitor