/akn/my/act/pua/2024/167

KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024

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Type: P.U. (A)
Status: In force
Enacted: 2024
Sections: 23

Quick answer

About this p.u. (a)

KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 is Malaysia P.U. (A), cited as P.U. (A) 167 2024, currently marked in force and first recorded in 2024.

Opening note

Preamble

IN exercise of the powers conferred by subsection 64(1) of the Syarie Legal Profession (Federal Territories) Act 2019 [Act 814], the Majlis Peguam Syarie, with the approval of the Minister, makes the following rules: Citation

Seksyen 1

These rules may be cited as the Syarie Legal Profession (Federal Territories)

(Etiquette of Publicizing) Rules 2024.

Seksyen 2

Interpretation

“firm” means a sole proprietorship or a partnership of Peguam Syarie;

“approved information” means the information approved under rule 3;

“publicize” means notification to the public by any means, including by—

(a)

an advertisement placed in any newspaper, journal, magazine, book, booklet, directory or other publication;

(b)

an advertisement contained in any letter, brochure, bulletin, business card, leaflet, nameplate, newsletter, notice, pamphlet, letterhead or stationery used for professional purposes; or

(c)

an advertisement posted on, uploaded in or transmitted through any electronic media accessible to the public or to any section of the public.

Approved information

Seksyen 3

(1)

For the purposes of publicity under these Rules, the approved information shall be as follows:

(a)

name of the firm;

(b)

address of the firm;

(c)

telephone and facsimile number, electronic address and website of the firm;

(d)

business hours of the firm;

(e)

year in which the firm or its predecessor in title was established;

(f)

merger or association of that firm with any other firm, whether in Malaysia or elsewhere;

(g)

historical data of the firm or its predecessor in title;

(h)

designation “Peguam Syarie” or “consultant”;

(i)

area of practice engaged in by the firm or by the Peguam Syarie practising under the firm;

(j)

language proficiency of the Peguam Syarie practising under the firm;

(k)

name of the Peguam Syarie practising under the firm and whether he is a sole proprietor, partner or consultant of that firm;

(l)

year of admission as a Peguam Syarie of the Peguam Syarie practising under the firm and whether he has been admitted

as a Peguam Syarie in another jurisdiction; and

(m)

academic and professional qualifications of the Peguam Syarie practising under the firm, and any award, decoration, merit or title conferred upon him.

(2)

Notwithstanding subrule (1), the Majlis Peguam Syarie may, on written application of any Peguam Syarie, approve any other information as it thinks appropriate.

Publicizing the practise of Peguam Syarie

Seksyen 4

A Peguam Syarie may publicize, and may allow any of his employees or any other person to publicize, his practice and the practice of his firm but shall not publicize the practice of the other Peguam Syarie or on behalf of the other Peguam Syarie.

Seksyen 5

Contents of publicity

(1)

The contents of the publicity made under these Rules shall be limited to the approved information and shall not contain—

(a)

any claim that the Peguam Syarie or any other Peguam Syarie practising under his firm is a specialist or expert in any area of practice;

(b)

any direct or indirect reference to any case which the Peguam Syarie or any Peguam Syarie practising under his firm had acted for any party to the case, including the number or proportion of cases that have been successfully undertaken by him or other Peguam Syarie practising under his firm, or to his earnings or the earnings of any other Peguam Syarie practising under his firm;

(c)

statement that any particular person is or has been his or his firm’s client;

(d)

any statement that would be construed as offering any inducement to, or imposing any duress, upon any person as a means of obtaining professional business for himself or his firm;

(e)

any statement relating to the rates charged by him or his firm, or to his or his firm’s methods of charging;

(f)

any laudatory references to himself or his firm, or directly or indirectly extol the quality of the professional services provided by him or his firm;

(g)

any comparison with, or criticism in relation to, the charges for, or the quality of, services provided by any other Peguam Syarie or firm;

(h)

reference to the appointment of a Peguam Syarie currently or previously practising under his firm to a judicial office.

(2)

Without prejudice to paragraph (1)(h), a Peguam Syarie who publicizes the practice of his firm may, in the publicity, include in the name of his firm the name of a Peguam Syarie who had been previously practising under his firm and who has been appointed to a judical office, where prior to that appointment such name was part of the name of the firm.

Manner of publicizing

Seksyen 6

(1)

The publicity under these Rules shall not be made—

(a)

in a manner as will be likely to diminish public confidence in the syarie legal profession or otherwise bring the syarie legal profession into disrepute; or

(b)

in a manner as may reasonably be regarded as being ostentatious, in bad taste, misleading, deceptive, inaccurate, false, sensational,

intrusive, offensive or in any other way may tarnish syarie legal profession.

(2)

For the purposes of paragraph (1)(b), a publicity shall be regarded as misleading, deceptive, inaccurate or false if—

(a)

it contains a material misrepresentation of fact;

(b)

it omits to state a material fact;

(c)

it contains any information which cannot be reasonably verified; or

(d)

it is likely to create an unreasonable expectation on the achievement of any result.

Letterhead and stationery

Seksyen 7

A letterhead or stationery used by a Peguam Syarie or his firm for professional purposes shall not contain any information relating to the Peguam Syarie or his firm except approved information.

Seksyen 8

Advertisements in legal and non-legal directories

(1)

A Peguam Syarie may publicize his practice or the practice of his firm by advertising it in any one or more of the legal or non-legal directories approved by the Majlis Peguam Syarie.

(2)

The advertisement referred to in subrule (1) shall only contain the approved information.

Nameplate

Seksyen 9

(1)

A Peguam Syarie shall display a nameplate on the outside of the premise of his firm.

(2)

The nameplate referred to in subrule (1) shall only contain the approved information and shall not be larger than 240 centimetres by 150 centimetres.

Building directory

Seksyen 10

A Peguam Syarie may cause the name and address of his firm to be listed in the building directory of the firm.

Seksyen 11

Business card

(1)

A Peguam Syarie shall only distribute his business card by himself or may allow any of his employees to distribute the same, but such distribution—

(a)

shall be done discreetly; and

(b)

shall only be done on proper occasions for the Peguam Syarie to establish his professional identity.

(2)

The business cards referred to in subrule (1) shall only contain the approved information.

Brochure, leaflet and pamphlet

Seksyen 12

A Peguam Syarie may produce for distribution a brochure, leaflet or pamphlet containing approved information of his firm.

Seksyen 13

Journal, magazine and newsletter

A Peguam Syarie may produce for distribution a journal, magazine or newsletter relating to the practise of his firm, but such publication shall only contain law notes or legal article and approved information of his firm.

Seksyen 14

Distribution and display

The brochure, leaflet or pamphlet produced under rule 12 and the journal, magazine or newsletter produce under rule 13 shall not be put on display except within the premises of the firm and may only be distributed to—

(a)

the Peguam Syarie’s employees or any other Peguam Syarie practising under his firm;

(b)

any person who is the client of the Peguam Syarie or his firm;

(c)

any person making unsolicited and bona fide enquiries in relation to the professional services provided by the Peguam Syarie or his firm;

(d)

any person with whom the Peguam Syarie has professional dealings.

Notice

Seksyen 15

(1)

A Peguam Syarie may publish in any newspaper, newsletter or Syariah law journal or send to any person who is his or his firm’s client or with whom he has professional dealings, a notice for the purpose of conveying information regarding—

(a)

the commencement or dissolution of his practice;

(b)

the merger or association of his practice with the practice of any other Peguam Syarie or firm;

(c)

the opening of any new branch of his firm;

(d)

the admission, withdrawal, retirement, termination or resignation of any Peguam Syarie to or from his firm, or the death of any Peguam Syarie practising under his firm;

(e)

any change in the name, address, telephone or facsimile numbers, electronic address or website, of his firm; or

(f)

such other matters as may be approved in writing by the Majlis Peguam Syarie.

(2)

A Peguam Syarie may publish in any newspaper, newsletter or Syariah law journal a notice regarding a vacant position in his firm and may in that notice state approved information, but the statement shall not of such a nature which in the opinion of the Majlis Peguam Syarie give rise to a reasonable inference that he is attempting, through the notice, to publicize his practice or the practice of his firm in a manner inconsistent with these Rules.

Records for inspection

Seksyen 16

A Peguam Syarie who publicise under rules 8, 12, 13 and 15 shall cause a copy of the publication or notice to be kept at his principal place of business for a period of at least twelve months from the date of its publication, and shall, upon being requested to do so by the Majlis Peguam Syarie, produce a copy of the publication or notice to the Majlis Peguam Syarie for inspection within the time as specified by the Majlis Peguam Syarie.

Seksyen 17

Interviews with press, radio and television

(1)

A Peguam Syarie may, at the request of the press, radio, television or other media, consent to be interviewed, whether in his professional or private capacity, but—

(a)

the interview shall not be in relation to any matter or be given with such frequency; or

(b)

at the interview, he shall not say or do anything or cause anything to be done, which, in the opinion of the Majlis Peguam Syarie, give rise to a reasonable inference that he is attempting, through the interview, to publicize his practice or the practice of his firm in a manner inconsistent with these Rules.

(2)

Where a Peguam Syarie is interviewed by the press, radio, television or other media, he shall not allow any information relating to himself or his firm to be publicized except approved information.

Participation in seminar, conference, forum, etc.

Seksyen 18

(1)

A Peguam Syarie may give public lectures or participate in seminars, conferences or forums and on such occasions, he shall not say or do anything or cause anything to be done which, in the opinion of the Majlis Peguam Syarie, give rise to a reasonable inference that he is attempting, through the public lectures, seminars, conferences or forums to publicize his practice or the practice of his firm in a manner inconsistent with these Rules.

(2)

Any paper presented by a Peguam Syarie at any public lectures, seminars, conferences or forums under subrule (1) may—

(a)

be reproduced and distributed to the participants at the public lectures, seminars, conferences or forums; or

(b)

be distributed in accordance with rule 14, but the paper shall not contain any information relating to the Peguam Syarie or his firm except approved information.

Greeting card

Seksyen 19

(1)

A Peguam Syarie may, on any special occasion, send greeting cards to—

(a)

any person who is his or his firm’s client; or

(b)

any person with whom he has professional dealings.

(2)

The greeting card referred to in subrule (1) may, apart from the message of the greeting, contain approved information.

(3)

Peguam Syarie shall not send greetings to anyone for any occasion by publishing the greetings in any form in any newspaper, journal or other publication.

Client’s publicity

Seksyen 20

(1)

Subject to subrule (2), Peguam Syarie shall not allow his practice or the practice of his firm to be publicized by his or his firm’s client.

(2)

A Peguam Syarie or his firm may be named in—

(a)

the prospectus or annual report of a company who is a client of the Peguam Syarie or his firm; or

(b)

such other documents prepared by the client of the Peguam Syarie or his firm that have been approved in writing by the Majlis Peguam Syarie.

(3)

Where a Peguam Syarie places an advertisement in any newspaper, journal or other publication on behalf of a person who is his or his firm’s client, that advertisement shall not contain any information relating to the Peguam Syarie or his firm, except—

(a)

the name of the Peguam Syarie; and

(b)

the name, address, telephone and facsimile number, electronic address and website of his firm.

Books, etc., written by Peguam Syarie

Seksyen 21

The information relating to a Peguam Syarie or his firm shall not be stated in the book, letter or article which are intended to be published written or contributed by the Peguam Syarie except approved information.

Seksyen 22

Free legal advice

(1)

A Peguam Syarie may give free legal advice to a person at a legal aid clinic, whether set up by the Majlis Peguam Syarie or otherwise, with a view to providing legal assistance to members of the public, but the Peguam Syarie shall not—

(a)

disclose the name of his firm;

(b)

distribute any of his business cards or any brochure, leaflet, pamphlet, journal, magazine or newsletter relating to his practice or the practice of his firm; or

(c)

act for a person to whom he has given such free legal advice.

(2)

A Peguam Syarie may give free legal advice to the public by contributing an article or letter for publication in any newspaper, journal or other publication, but the Peguam Syarie shall not permit any information relating to himself or his firm, except that of his name and the fact that he is a Peguam Syarie, to be stated in the article or letter, or to be published in the newspaper, journal or other publication in which the article or letter is published.

Responsibility of Peguam Syarie in relation to publicity concerning him

Seksyen 23

(1)

A Peguam Syarie shall, in so far as it is or should be under his control, ensure that any publicity relating to his practice or the practice of his firm is done in accordance with these Rules, whether such publicity is done by him, his employee or any other person on his behalf.

(2)

Where a Peguam Syarie becomes aware of any impropriety in any publicity relating to his practice or the practice of his firm, he shall, in so far as it is or should be under his control, use his best endeavours to rectify or withdraw the publicity and he shall at all times ensure that the Majlis Peguam Syarie is informed in writing about the matter.

(3)

Where it appears to the Majlis Peguam Syarie that any publicity relating to the practise of a Peguam Syarie or his firm is contrary to these Rules, the Majlis Peguam Syarie may, without prejudice to its powers under the Act, after due inquiry, order the Peguam Syarie or his firm, or both to alter, modify, withdraw, remove or discontinue the publicity.

(4)

The responsibility of a Peguam Syarie under this rule shall not be delegable.

Made 30 May 2024

DATO’ ZAINUL RIJAL BIN ABU BAKAR

Chairman of the Majlis Peguam Syarie

Approved 7 June 2024

DATUK DR. MOHD NA’IM BIN MOKHTAR

Minister in the Prime Minister’s Department

(Religious Affairs)

Common questions

What is KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024?: KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 is Malaysia P.U. (A), cited as P.U. (A) 167 2024, currently marked in force and first recorded in 2024.
Is KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 still in force?: Yes — KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 is currently in force.
When did KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 take effect?: KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 was first recorded in 2024.
How many sections does KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 have?: KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (ETIKA MEMBUAT PUBLISITI) 2024 contains 23 sections.
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