Malaysia legislation
Section 12c
Section 12c
(2)
Any Court including the Industrial Court and a Syariah Court, a Judge, Sessions Court Judge or
Magistrate or the State Attorney-General may at any time refer to the Disciplinary Board any complaint against an advocate or a pupil.
(3)
Nothing in this section shall be taken to preclude the Law Society from making any complaint of its own motion to the Disciplinary Board against an advocate or a pupil.
(4)
No complaint concerning the conduct of any advocate 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.
(5)
Notwithstanding subsection (4) where—
(a)
the complaint is based upon the fraud of the advocate 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 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.
(6)
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 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 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 in the legal firm against whom the complaint has arisen.
(7)
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, the Disciplinary Board shall forthwith replace the name of the legal firm with the name of the advocate concerned.
(8)
For the purpose of this section, “legal firm”
includes an international partnership or a qualified foreign law firm licensed under Part VII.
Disciplinary
Board to serve application, etc., on advocate.