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Procedures A. Complaint Process Please refer to the Chart of Complaint Process at the Advocates & Solicitors Disciplinary Board. B. How to lodge a complaint What you need to provide:- i) Name of the Complainant (as in Identity Card/Passport) ii) Full particulars of the complaint iii) Signature of the Complainant iv) Full address of the Complainant v) Full name of the Advocate & Solicitor responsible for the subject matter of the complaint at the material time and the Firm he/she was practissing at vi) Name and address of the present solicitor acting for the Complainant in the complaint (if any)(Sample attached) b) A statutory declaration in support of the said complaint (Sample attached) c) The Complainant's identity card /passport number d) Supporting documents e) Fee for processing - non refundable,currently in the sum of RM100.00 (Kindly make your payment by cheque/postal order. The cheque/postal order is to be made payable to "BAR COUNCIL-DISCIPLINE FUND". Payment by cash can only be made directly to the Secretariat for which an official receipt must be asked for and obtained, failing which no presumption of payment will be made. C. Disposal of complaints summarily The Disciplinary Board's power to deliberate and decide on complaints are spelt out in the following provisions:- (1) Section 100(1): The Disciplinary Board is required to determine whether there is merit in the complaint. If there is none, the complaint is dismissed. If there is merit, the DB will request for an explanation from the advocate and solicitor/pupil. (i) Section 100(4): The Disciplinary Board accords an opportunity to the complainant to respond to the advocate and solicitor's/pupil's explanation under this provision. The Disciplinary Board may also require a person other than the complainant or the advocate and solicitor/pupil to give his/her response or to clarify certain issues. (2) Section 100(2) or (3): If a formal investigation is necessary, a Disciplinary Committee will be set up. (3) Sections 100(6) and (7): If no cause of sufficient gravity exists that warrants a formal investigation or if the advocate and solicitor/pupil concerned admits to the misconduct or if the material facts establishing the misconduct are straightforward, then the Disciplinary Board is empowered to deal with the complaint forthwith without appointing a Disciplinary Committee. The Disciplinary Board before making any order and imposing any penalty or punishment shall notify the advocate and solicitor/pupil of its intention to do so and give him the reasonable opportunity to be heard. (i) Section 100(11): The Board may at any stage of the proceedings determine that a formal investigation is required and appoint a Disciplinary Committee accordingly. (ii) Section 100(9): The imposition of a penalty or punishment shall not preclude the Disciplinary Board from making an order of restitution of any sum found due and owing to the complainant and stipulating the time within which such restitution ought to be made, failing which the Disciplinary Board may impose on the advocate and solicitor a higher punishment than that previously imposed. D(i) Disciplinary Committee ProceedingsDC Proceedings If the Disciplinary Board decides that a formal investigation into the complaint is necessary, a Disciplinary Committee will be aappointed. A DC consists of 3 members: 2 advocates & solicitors of at least 10 years standing and 1 lay member. The more senior member of the advocates and solicitors will usually chair the Disciplinary Committee.. The Disciplinary Committee is to investigate the factual basis of a particular complaint and to ascertain if an advocate and solicitor/pupil concerned has committed "misconduct" as defined under the Legal Profession Act, 1976. The DC is required to make findings of facts and liability and to recommend punishment. Upon conclusion of its investigations, the Disciplinary Committee will submit its Report and Record of Proceedings for the Board's consideration. The DC may recommend dismissal of the complaint, a reprimand, imposition of a fine, suspension for a period not exceeding five years or striking off the Roll of Advocates and Solicitors. Upon consideration of the Disciplinary Committee's recommendation, the Board may either dismiss the complaint, make an order of reprimand, or fine, or suspension for a period not exceeding five years or striking off the Roll of Advocates and Solicitors. The Disciplinary Board may or may not accept the findings or recommendation(s) of the Disciplinary Committee. Before the Disciplinary Board makes an order that is likely to be adverse against an advocate and solicitor/pupil it shall notify the advocate and solicitor/pupil of its intention to do so and give him a reasonable oopportunity to be heard. (S.103C & S.103D of the LPA). D(ii) S.94(4) Application (4) Where an advocate and solicitor - (a) has been found guilty by a court of law of any offence involving dishonesty, misuse or misappropriation of any money or property of a client or of any other person; (b) has been disbarred, struck off, suspended, reprimanded or censured in his capacity as a legal practitioner in any other country; (c) is the subject of a complaint concerning any dishonest act committed by him in his capacity as an advocate and solicitor; (d) has left the country or has not attended at his office in such circumstances that the Bar Council may reasonably presume that he has absconded; or (e) is otherwise incapable from infirmity of body or mind or any other cause of effectively performing the functions of an advocate and solicitor, and the Bar Council considers that it would be in the public interest or in of his clients or of the profession that such advocate and solicitor be suspended from practice, the Bar Council may apply to the Disciplinary Board for an order suspending such advocate and solicitor from practice until further notice. E. Right to Appeal A) Only decisions made under subsection 100(5), (8) or (9) or Section 103D are appealable under S.103E.* S.100 (5) Where the Disciplinary Board is satisfied that there is no merit in the application or complaint under subsection (2) or (3), the Disciplinary Board shall dismiss the application or complaint and notify the complainant and the advocate and solicitor of its decision. S.100(8) (8) The Disciplinary Board may impose any one of the following penalties or punishments: (a) the recording of a reprimand or censure against the name of the advocate and solicitor; (b) imposition of a fine upon the advocate and solicitor for such sum as the Disciplinary Board deems just; (c) suspension of the advocate and solicitor from practice for such period not exceeding five years as the Disciplinary Board deems appropriate in the circumstances; or (d) striking the advocate and solicitor of the Roll. S.100(9) (9) The imposition of a penalty or punishment shall not preclude the Disciplinary Board from making an order of restitution of any sum found due and owing to the complainant and stipulating the time within which such restitution ought to be made, failing which the Disciplinary Board may impose on the advocate and solicitor a higher punishment than that previously imposed. 103D. Consideration by the Disciplinary Board of the report of the Disciplinary Committee. (1) After consideration of the report of the Disciplinary Committee, the Disciplinary Board may make an order affirming or rejecting the finding or recommendation of the Disciplinary Committee. (2) The Disciplinary Board may in appropriate cases impose a greater punishment than that recommended by the Disciplinary Committee. (3) Where the Disciplinary Board does not agree with the finding or recommendation of the Disciplinary Committee, the Disciplinary Board shall make such other order as it deems just. (4) Before the Disciplinary Board makes an order under subsection (2) or any order that is likely to be adverse against an advocate and solicitor under subsection (3), it shall notify the advocate and solicitor of its intention to do so and give him a reasonable opportunity to be heard. (5) Where the Disciplinary Board makes an order that the advocate and solicitor should make restitution to the complainant of any sum found due and owing to the complainant, it may stipulate the time within which such restitution ought to be made, failing which the Disciplinary Board may impose on the advocate and solicitor a higher punishment than that previously imposed. (6) A sum ordered by the Disciplinary Board under subsection (5) to be restituted may be recoverable by the complainant as a civil debt. B) For the procedure relating to appeals, please see S.103E and the Legal Profession (Disciplinary Proceedings) (Appeal) Rules 1994 as set out below:- S.103E. Appeal from the decision of the Disciplinary Board. (1) Any party aggrieved by any decision or order made by the Disciplinary Board under subsection 100(5),(8) or (9) or section 103D shall have the right to appeal to the High Court within one month of the receipt of the notification of the decision or order complained against; and no appeal shall lie against any other decision or order made by the Disciplinary Board. (2) There shall be no judicial review against any decision or order made by the Disciplinary Board. (3) The appeal shall be fixed for hearing before a single Judge of the High Court. (4) The appeal shall be by way of an originating motion setting out the ground of appeal supported by affidavit, (5) Any appeal against the decision of the High Court shall lie to the Court of Appeal and thereafter to the Federal Court. (6) The Bar Council may in its discretion intervene at any stage of any appeal under this section. (7) The Disciplinary Board shall not be cited as a party in any appeal under this section. (8) The Disciplinary Board shall have the right to appear in and address any High Court, the Court of Appeal or the Federal Court hearing any appeal under this section by an advocate and solicitor whether or not the advocate and solicitor is a member of the Disciplinary Board or the Bar Council. LEGAL PROFESSION (DISCIPLINARY PROCEEDINGS)(APPEAL) RULES 1994* In exercise of the powers conferred by section 103F of the Legal Profession Act 1976, the Disciplinary Board makes the following rules: 1. Citation. These rules may be cited as the Legal Profession (Disciplinary Proceedings)(Appeal) Rules 1994. 2. Interpretation. In these Rules, unless the context otherwise requires- "advocate and solicitor concerned " means the advocate and solicitor or pupil against whom a complaint or an order has been made under the Act; "complaint " means a written complaint concerning the misconduct of an advocate and solicitor or a pupil; "Director " means the Director of the Complaints Secretariat appointed under section 98 of the Act. 3. Notice of appeal. (1) An appeal under section 103E(1) of the Act shall be brought by filing an originating motion substantially in Form 9 of the Rules of the High Court 1980. (1A) The party who appeals is known as "appellant" and the party against whom the appeal is made is known as "œrespondent". (2) An appellant may appeal against the whole or any part of an order or a decision and the originating motion shall state whether the appeal is against the whole or part only, and if so, shall specify the part of the order or decision appealed against. (3) A copy of the originating motion and affidavit shall be sent by personal service, courier or registered post to the respondent, the Director and the Bar Council within seven days from the date of the filing of the originating motion. 4. Record of Appeal. (1) Within seven days of the filing of the originating motion, the appellant shall pay to the Director a sum of five hundred ringgit as deposit for obtaining copy of the documents referred in subrule (4). (2) The deposit referred to in subrule (1) is non-refundable. (3) Subrule (1) is not applicable if the appellant is the Bar Council, any court includes the Industrial Court and a Syariah Court, Judge, Session Court Judge, Magistrate or the Attorney General. (4) Within three weeks of the date of receipt of the deposit made under subrule (1), the Director shall supply to the appellant the certified true copies of the following documents: (a) application or complaint made under section 99 of the Act and all documents which support the application or complaint; (b) written explanation made under subparagraph 100(1)(b)(ii) and 103B(4)(b)(i) of the Act; (c) record of proceeding before the Disciplinary Committee under section 103B of the Act; (d) report that contains findings and recommendations of the Disciplinary Committee under section 103C of the Act; and (e) order made by the Disciplinary Board under section 103D of the Act. (5) No document will be supplied if the appellant did not pay the deposit referred to in subrule (1). 5. Filing of appeal record. (i) Within six weeks of the receipt of the documents specified under subrule 4(4), the appellant shall file an affidavit which contains the appeal record in the High Court. (ii) A copy of the affidavit appeal record shall be served by personal service, courier or registered post to the respondent, the Director and the Bar Council. 6. Withdrawal of appeal. (i) An appellant may withdraw his appeal at any time before his appeal is called on for hearing by filing a notice of withdrawal of the appeal in the High Court. (ii) A copy of the notice of withdrawal of appeal shall be served on the respondent, the Director and the Bar Council. 7. (Deleted). [PU (A) 193/07] 8. Appeals Register. The Director shall keep and maintain an Appeals Register which shall contain the following particulars: (a) the date of receipt of the originating motion; (b) the date of the decision of the High Court, Court of Appeal or Federal Court, whichever is applicable; and (c) (Deleted); (d) (Deleted); (e) (Deleted); (f) where the appeal is withdrawn, the date of withdrawal. 9. Service of notices and other documents. Any notice or document required to be served under these Rules may be served on the appellant or the respondent or on their respective solicitors by sending it by prepaid registered post to the last known address of the appellant, the respondent or their respective solicitors, as the case may be. 10. Application of Rules of the High Court 1980. Where no provision is made under these Rules, the procedure and practice in the Rules of the High Court 1980 shall apply. 11. Appeals against decisions of High Court. Any appeal under section 103E(5) of the Act shall be made in accordance with the Courts of Judicature Act 1964, the Rules of the Court of Appeal 1994 and the Rules of the Federal Court 1995.
Made the 7th May 1994. 
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