Section 12b

to be struck off the roll;

to be suspended from practice for a period not exceeding five years;

to be ordered to pay a fine not exceeding fifty thousand ringgit;

to be reprimanded or censured; or

to have costs awarded against him.

if he takes instructions in any case except from the party on whose behalf he is retained, or from some person who is the recognised agent of such party, or from some servant, relation, or friend authorized by the party to give such instruction;

if he is guilty of knowingly misleading or allows the Court to be misled;

if he tenders, gives, or out of any fee paid or payable to him for his services, consents to the retention of any gratification for procuring or having procured the employment in any legal business of himself or any other advocate;

if he directly or indirectly procures or attempts to procure the employment of himself or any other advocate 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;

if he is convicted of a criminal offence implying a defect of character which renders him unfit for his profession;

Advocates Ordinance (Sabah) (Amendment)

if he ceases to be a person entitled to be admitted as an advocate as a result of disciplinary proceedings taken against him in the country in which he qualified, or in any country in which he has practised as a legal practitioner by whatever name called;

if he does any act which if done in England would render him liable to be disbarred or struck off the roll of the Court or suspended from practice as a barrister or solicitor in

England;

if he procures his admission as an advocate by any misstatement, fraud or misrepresentation;

if he practises in Sabah without being in possession of a valid certificate to practise;

if he practises in Sabah without being in possession of an Annual Certificate;

if he is guilty of a breach of any rules made under this Ordinance;

if he commits a breach of a duty to a Court including any failure by him to comply with an undertaking given to a Court;

if he accepts employment in any legal business through a tout;

if he allows any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision;

if he carries on, full time by himself directly or indirectly, 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;

if he charges, in the absence of a written agreement in respect of professional services rendered to a client, fees or costs which are grossly excessive in all the circumstances;

if he knowingly acts in a manner that is prejudicial to or in gross disregard of his client’s interests;

if he is guilty of any conduct which is unbefitting of an advocate or which brings or is calculated to bring the legal profession into disrepute;

if he has been dishonest or is guilty of fraudulent conduct in the discharge of his professional duties as advocate.

makes a false statement in or in relation to an application made under section 7c;

is guilty of any offence involving dishonesty, misuse or misappropriation of any money or property of a client or of any other person;

is adjudged a bankrupt or a receiving order is made against him within or outside

Malaysia;

is disbarred, struck off, suspended or censured in his capacity as a legal practitioner in any other country;

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

absconds or has not attended at his office in such circumstances that the Law Society may reasonably presume that he has absconded;

or

is otherwise incapable from infirmity of body or mind or any other cause of effectively performing the functions of an advocate, and the Law Society considers that it would be in the public interest or in the interest of his clients or of the profession that such advocate be suspended from practice, the Law Society may apply to the

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

Advocates Ordinance (Sabah) (Amendment)