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Part VI · Professional Practice, Etiquette, Conduct and Discipline of Advocate and Solicitor and Clerks

85. Registrar to maintain register of firm names

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(1)

The Bar Council shall maintain a register of firm names under which advocates and solicitors practise. No firm name shall be registered or struck off the register without a certificate from the Bar

Council. The Bar Council may refuse a certificate for registration on the grounds that the proposed firm name is likely to be confused with a registered firm name or is likely to mislead the public. An advocate and solicitor who is dissatisfied with a decision of the Bar Council may appeal to the High Court whose decision shall be final.

(2)

No person shall practise as an advocate and solicitor under a name that is not—

(a)

his own name;

(b)

the names of advocates and solicitors who are or were his partners;

(c)

the names of his predecessors whose goodwill he has, or his partners have, acquired;

(d)

any one or the combination of the names specified in paragraphs (a), (b) and (c).

(3)

In any case where a name which complies with subsection (2)

cannot be registered without contravening subsection (1) then the person may practise under such name as he wishes which is approved by the Bar Council.

(4)

An advocate and solicitor who acts in contravention of subsection (3) may be liable to disciplinary proceedings.

(5)

The Bar Council shall, at the request of the partners practising under a firm name, and may, if it is satisfied that no one is practising under that name, remove a firm name from the register.

100 Laws of Malaysia ACT 166

Report

Part VII

Disciplinary Proceedings

Part VIII

Remuneration of Advocates and Solicitors

Part IX

Recovery and Taxation of Costs

Part X

Miscellaneous

Part XI

Transitional Provisions

Part XII

Repeal

Schedules