Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VI · Professional Practice, Etiquette, Conduct and Discipline of Advocate and Solicitor and Clerks
88. Guilty advocate and solicitor, etc.
Feedback & supportThe Bar Council may if it has reasonable cause to believe that an advocate and solicitor, or a clerk or servant of an advocate and solicitor, has been guilty of dishonesty in connection with that
Bar Council
“Bar Council” and “Council” mean the central council of the Malaysian Bar established under section 47;
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advocate and solicitor’s practice as an advocate and solicitor or in connection with any trust of which that advocate and solicitor is a trustee, issue a certificate to that effect and thereupon the Schedule, except paragraph 7 thereof, shall apply in relation to that advocate and solicitor.
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
Where the name of an advocate and solicitor is removed from the Roll or an advocate and solicitor is suspended from practice, he shall, within twenty-one days from the material date, satisfy the Bar
Roll
“Roll” means the Roll of advocates and solicitors of the High Court kept by the Registrar under section 28;
Council that he has made suitable arrangements for making available to his client or to some other advocate and solicitor or advocates and solicitors instructed by his client or by himself—
Council
“Bar Council” and “Council” mean the central council of the Malaysian Bar established under section 47;
all deeds, wills, documents constituting or evidencing title to any property, papers, books of account, records, vouchers and other documents in his or his firm’s possession or control, or relating to any trust of which he is the sole trustee or co-trustee with one or more of his partners, clerks or servants; and
all sums of money due from him or his firm to, or held by him or his firm on behalf of, his clients or subject to any such trust as aforesaid.
If he fails so to satisfy the Bar Council, the said Schedule shall apply in relation to him.
In subsection (2), the expression “the material date” means the latest of whichever of the following dates:
the date when the order of the *Disciplinary Committee or of the Court by or in pursuance of which the advocate and solicitor’s name is removed from, or struck off, the Roll, or the advocate and solicitor is suspended from practice, is to take effect;
the last date on which an appeal against the order in paragraph (a) may be lodged;
*NOTE—See footnote on “Disciplinary Committee” or “Inquiry Committee” under paragraph 33(1)(d).
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the date on which an appeal under paragraph (b) is dismissed or abandoned.
In this section and in the Schedule, the words “trust” and
“trustee” have the same meanings as in subsection 78(6).