Section 51 — AKTA PROFESION UNDANG-UNDANG (PINDAAN) 2025

(a)

by renaming the existing Schedule as the

“First Schedule”;

(b)

in the heading, by deleting the words “OF AN ADVOCATE

AND SOLICITOR IN CERTAIN CASES”;

(c)

by substituting for paragraph 1 the following paragraph:

“1. The Bar Council may require the production or delivery to any person appointed by the Bar Council at a time and place to be fixed by the Bar Council, and may take possession, of all deeds, wills, documents constituting or evidencing the title to any property, papers, books of account, records, vouchers and other documents 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, or relating to any trust of which—

(a)

the advocate and solicitor is a sole trustee or a co-trustee with one or more of his partners, clerks or servants;

or

(b)

the limited liability law partnership is a sole trustee or a co-trustee with one or more of its clerks or servants.”;

(d)

in paragraph 3, by inserting after the words “the advocate and solicitor” the words “or limited liability law partnership”;

(e)

in paragraph 5, by inserting after the words “the advocate and solicitor” the words “, the limited liability law partnership”;

(f)

in paragraph 7, by inserting after the words “the advocate and solicitor or his firm” the words “, or in the name of the limited liability law partnership”;

(g)

by substituting for paragraph 9 the following paragraph:

“9. The Bar Council may, on a resolution in that behalf made by the Council, take control of all sums of money—

(a)

due from the advocate and solicitor or to his firm, or held by him or his firm on behalf of, his or his firm’s clients or subject to any trust of which he is the sole trustee or co-trustee with one or more of his partners, clerks or servants; or

(b)

due from or to the limited liability law partnership, or held by the limited liability law partnership on behalf of its clients or subject 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.”;

(h)

by inserting after paragraph 9 the following paragraph:

“9a. For the purposes of paragraph 9, the Bar Council shall serve on the advocate and solicitor or his firm or the limited liability law partnership, and, except where section 98 applies, on any banker and on any other person having possession or control of any such sums of money a notice, together with a certified copy of the resolution, prohibiting the payment out of such sums of money otherwise than pursuant to paragraph 11 or 12.”.

(i)

in paragraph 10—

(i)

by substituting for the words “paragraph 9” the words “paragraph 9a”; and

(ii)

by inserting after the words “the advocate and solicitor or his firm” the words “or the limited liability law partnership”;

Legal Profession (Amendment)

(j)

in paragraph 11—

(i)

by substituting for the words “the advocate and solicitor or his firm due to be held on behalf of his client” the words “the advocate and solicitor or his firm or the limited liability law partnership, due to be held on behalf of their respective client”;

(ii)

by inserting after the words “as the advocate and solicitor or his firm” the words “or the limited liability law partnership”; and

(iii)

by substituting for the words “paragraph 9” the words “paragraph 9a”;

(k)

in subparagraph 12(1)—

(i)

by substituting for the words “or banker” the words “or the limited liability law partnership, or the banker”;

(ii)

by substituting for the words “paragraph 9” the words “paragraph 9a”; and

(iii)

in subsubparagraph (a) of the proviso, by inserting after the words “clerks or servants,” the words

“or where the limited liability law partnership is the sole trustee of a trust or a co-trustee thereof with one or more of its clerks or servants”;

(l)

in paragraph 13, by substituting for the words

“paragraph 9” the words “paragraph 9a”; and

(m)

in paragraph 14, by substituting for the words “shall be paid by the advocate and solicitor and shall be recoverable from him” the words “shall be paid by and recoverable from, the advocate and solicitor or the limited liability law partnership”.

New Second Schedule