Advocates & Solicitors
Disciplinary Board
Lembaga Tatatertib Peguam Bela & Peguam Cara
Advocates & Solicitors
Disciplinary Board
 
Lembaga Tatatertib Peguam
Bela & Peguam Cara
 

 

Frequently Asked Questions
 
A. General
 
1. Can I lodge a complaint against an advocate & solicitor on any matter?
 
    No, your complaint must be limited to only the conduct or omission to act by an advocate & solicitor in a professional capacity which amounts to grave impropriety. It includes the category of misconduct in section 94(3) of the Legal Profession Act 1976.

This does not include for example, partnership dispute, family dispute, employment matters, pure breach of contract or friendly loan agreements or any dispute which is personal in nature.
 
2. Shall I lodge my complaint with the Advocates & Solicitors Disciplinary Board or the Bar Council?
 
    You should lodge your complaint with the Advocates & Solicitors Disciplinary Board.
 
3. Can I file complaints against a law firm?
 
    Disciplinary action is personal/individual in nature. So, you should name the particular Advocate(s) and Solicitor(s) concerned. However if no advocate and solicitor is identified, the complaint will be proceeded with against the sole proprietor or all the partners of the law firm at the material time.
 
4. Can the Advocate & Solicitor concerned sue me for defamation?
 
    There is nothing to stop the Advocate & Solicitor concerned from suing you. However, you need not worry about this if you have proper justification for your complaint.
 
5. What if there are new facts arising after I lodge my complaint?
 
    You may submit the same to the Secretariat under your original Complaint No. before a final decision is made. If these new facts arise after the Disciplinary Committee has been appointed, then they should be submitted to the Disciplinary Committee. 
 
6. Who decides on my complaint?
 
    All decisions are made by the Disciplinary Board.
 
7. Who will keep me informed of the progress of my complaint?
 
    The Secretariat. Ordinarily, we will inform you of the Disciplinary Board’s decision e.g. that your complaint has been referred to a Disciplinary Committee or has been dismissed or if any punishment has been meted out. You may also write in anytime to inquire on the status of your complaint.

The Secretariat will not entertain any oral inquiry on complaints lodged as we will not be able to verify the identity of the caller.
 
8. What are the relevant provisions in the Act/Rules that govern appeals against the Disciplinary Board's decision?
 
    The relevant provisions or rules are Section 103E of the Legal Profession Act and the Legal Profession (Disciplinary Proceedings) (Appeal) Rules 1994.
 
B. Guidelines to Lodge A Complaint
 
1. How do I prepare my letter of complaint?
 
    See Sample

See Procedure

i) It must be in Bahasa Melayu or English.

ii) Must be legible, typewritten is advisable.

iii) State clearly your full name, I.C. No, address, contact no, name of lawyer representing you in your complaint( if any), the name of advocate & solicitor complained against and the name of the law firm he/she was attached to when the subject matter of the complaint arose.

iv) More importantly, state the subject matter of your complaint clearly and comprehensively.

v) Please ensure your Letter of Complaint is signed.

vi) Submit 3 copies of your letter of complaint together with your Statutory Declaration and other supporting documents. Do not forget to also attach your cheque or money order of RM200.00 being the processing fee. If you deliver your complaint in person, you may pay cash.

Please note that if you fail to provide us with any of the above particulars/documents, it may result in your complaint being rejected.
 
C. Disciplinary Committee
 
1. Can I be represented at the Disciplinary Committee hearing?
 
    Yes, you can be represented by a Counsel at your own costs.
 
2. Can I call witnesses to give evidence at the Disciplinary Committee hearing?
 
    Yes, you can at your own costs.
 
3. What if I do not speak English or Bahasa Melayu?
 
    You may engage an interpreter for the Disciplinary Committee hearings at your own costs.
 
4. Who decides on my complaint?
 
    All decisions are made by the Disciplinary Board.
 
D. Withdrawal of Complaint
 
1. Can I withdraw my complaint?
 
    Yes, you may, at any time before the Disciplinary Board makes its final decision, by a written letter of withdrawal.
 
2. To whom should I address my letter of withdrawal?
 
    To the Director of the Secretariat or if the Disciplinary Committee has been appointed, to the Chairman of that Disicplinary Commitee.
 
3. What will happen after I withdraw my complaint?
 
    If you withdraw your complaint, the Secretariat will forward your letter of withdrawal to the Bar Council. The Bar Council will then decide whether or not to intervene. If the Bar Council decides to intervene, it will step in as the Complainant.

If the Bar Council decides not to intervene, no further action will be taken on the complaint.
 
4. If the Bar Council decides to intervene in the complaint, am I involved in the inquiry thereafter?
 
    Yes, the Bar Council will usually call you to appear as their main witness.
 
E. Appeal
 
1. Can I appeal against the Disciplinary Board's decision?
 
    Yes, if you are not satisfied with the Disciplinary Board’s final decision whether with the whole or part of the decision, you may appeal to the High Court.
 
2. Is there any time period within which I can appeal to the High Court?
 
    Yes, within 1 month from the date of receipt of notification of the final decision.
 
3. Should I appoint a counsel to act for me?
 
    It is advisable as they can assist you on points of law.
 
4. Do I need to make any payment to appeal?
 
    The appeal deposit of RM500.00 is payable within 7 days from the date of the filing of the originating motion. The payment can be in cash or by cheque or money order payable to the “Bar Council-Discipline Fund”. The payment is to be made at the Secretariat.
 
5. How long does it take to decide on my appeal?
 
    This will depend on the court.
 
6. Can I withdraw my appeal?
 
    Yes, you may withdraw it at any time before your appeal is called up for hearing.
 
7. Can I appeal against the High Court's decision?
 
    If you are not satisfied with the High Court decision, you may appeal further to the Court of Appeal and thereafter to the Federal Court. Similarly, you must also serve your cause papers on the 3 parties.
 
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