Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VII · Disciplinary Proceedings
105. Advocate and solicitor may apply to remove his name from the Roll
Feedback & supportAny advocate and solicitor may, subject to this section and to any rules made in that behalf, apply to the Court to have his name removed from the Roll.
advocate and solicitor
“advocate and solicitor” includes the executors, administrators and assignees of the advocate and solicitor in question. Legal Profession 141 Advocate and solicitor entitled to charge on property for costs
Every such application shall be made by way of originating motion and shall be supported by an affidavit in the prescribed form which shall be served on the Bar Council not less than two months before the application is heard.
prescribed
“prescribed” means prescribed by the Bar Council by rules made under this Act;
The Bar Council may for good cause require the applicant to advertise his intention to make the application in such manner as the
Bar Council
“Bar Council” and “Council” mean the central council of the Malaysian Bar established under section 47;
Bar Council shall direct.
An application under this section shall be heard by a Judge sitting in open court.
Court
“Court” means the High Court or a Judge thereof when sitting in open Court, and “Judge” means a Judge of the High Court sitting in Chambers;
No order shall be made on an application under this section if the Judge is satisfied that—
disciplinary action is pending against the applicant; or
the conduct of the applicant is the subject of inquiry under this Part.
On the hearing of any such application the Judge may make an order—
directing the Registrar to strike off the applicant’s name from the Roll; or
adjourning the same sine die or to such date as the Judge seems fair and reasonable, and such order for the payment of costs as may be just.
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