Malaysia legislation

Section 89

of *LEGAL PROFESSION ACT 1976

Section 89

Where an advocate and solicitor—

(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

104 Laws of Malaysia ACT 166

(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 that advocate and solicitor’s practice.

(2)

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

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

Section 89 — AKTA PROFESION UNDANG-UNDANG 1976 | mylaw.my