Malaysia legislation
Section 99
Section 99
(2)
Any court including the Industrial Court and a Syariah Court,
Judge, Sessions Court Judge or Magistrate or the Attorney General may at any time refer to the Disciplinary Board any complaint against an advocate and solicitor or a pupil.
(3)
Nothing in this section shall be taken to preclude the Bar
Council or a State Bar Committee from making any complaint of its own motion to the Disciplinary Board against an advocate and solicitor or a pupil.
(3A)
No complaint concerning the conduct of any advocate and solicitor 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:
Provided that where—
(a)
the complaint is based upon the fraud of the advocate and solicitor 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 and solicitor 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.
(4)
Where a complaint is made against a legal firm, it shall be deemed to be a complaint made—
Legal Profession 115
(a)
in the case of a sole proprietorship, against the advocate and solicitor 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 and solicitors 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 and solicitor in the legal firm against whom the complaint has arisen.
(5)
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 and solicitor, the Disciplinary
Board shall forthwith replace the name of the legal firm with the name of the advocate and solicitor concerned.
(6)
For the purpose of this section, “legal firm” includes an international partnership or a qualified foreign law licensed under
Part IVA.
Inquiry into application or complaint