Malaysia legislation

Section 94

of *LEGAL PROFESSION ACT 1976

Section 94

(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;

110 Laws of Malaysia ACT 166

(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 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

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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

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Disciplinary Board for an order suspending such advocate and solicitor from practice until further notice.

(4A)

Notwithstanding 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.

Disciplinary Committee Panel

Section 94 — AKTA PROFESION UNDANG-UNDANG 1976 | mylaw.my