Malaysia legislation
Section 21
Section 21
Section 88 of the principal Act is amended—
(a)
by substituting for subsection (1) the following subsection:
“(1) If the Bar Council has reasonable cause to believe that—
(a)
an advocate and solicitor;
(b)
a limited liability law partnership; or
(c)
any clerk or servant of an advocate and solicitor or a limited liability law partnership, has been guilty of dishonesty in connection with that advocate and solicitor’s or limited liability law partnership’s practice as an advocate and solicitor or in connection with any trust of which that advocate and solicitor or limited liability law partnership is a trustee, the Bar Council may issue a certificate to that effect and thereupon the First Schedule, except paragraph 7 of the Schedule, shall apply in relation to that advocate and solicitor or the limited liability law partnership.”;
(b)
by substituting for subsection (2) the following subsection:
“(2) Where the name of an advocate and solicitor is removed from or struck off the Roll or an advocate and solicitor is suspended from practice, the advocate and solicitor or the limited liability law partnership under which the advocate and solicitor is practising shall, within twenty-one days from the material date, satisfy the Bar Council that the advocate and solicitor or the limited liability law partnership has made suitable arrangements for making available to their respective client, or to some other advocate and solicitor or advocates and solicitors instructed by the advocate and solicitor’s or the limited liability law partnership’s client, or by himself or the limited liability law partnership—
(a)
all deeds, wills, documents constituting or evidencing title to any property, papers, books of account, records, vouchers and other documents—
(i)
in the possession or control of the advocate and solicitor, or in the possession or control of the advocate and solicitor’s firm or the limited liability law partnership under which the advocate and solicitor is practising;
(ii)
relating to any trust of which the advocate and solicitor is the sole trustee or co-trustee with one or more of his partners, clerks or servants; or
(iii)
relating to any trust of which the limited liability law partnership is the sole trustee or co-trustee with one or more of its clerks or servants; and
(b)
all sums of money which are—
(i)
due from the advocate and solicitor or his firm to his or his firm’s client, or due from the limited liability law partnership to its client;
Legal Profession (Amendment)
(ii)
held by the advocate and solicitor or his firm on behalf of his or his firm’s client, or held by the limited liability law partnership on behalf of its client;
or
(iii)
subject to any such trust referred to in paragraph (a).”;
(c)
by substituting for subsection (3) the following subsection:
“(3) If the advocate and solicitor or limited liability law partnership fails to satisfy the Bar Council, the
First Schedule shall apply in relation to the advocate and solicitor or limited liability law partnership.”; and
(d)
in subsection (5), by substituting for the word “Schedule”
the words “First Schedule”.
Amendment of section 89