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

 

Jurisdiction
 
The Disciplinary Board has jurisdiction over all advocates & solicitors, pupils and registered foreign laywers for misconduct.
 
Misconduct is defined in Section 94(3) of the Legal Profession Act, 1976, as conduct or omission to act in Malaysia or elsewhere by an Advocate and Solicitor in a professional capacity or otherwise which amounts to grave impropriety and includes:–
 
a. Conviction of a criminal offence which makes him unfit to be a member of his profession.
b. Breach of duty to a court including any failure by him to comply with an undertaking given to a court.
c. Dishonest or fraudulent conduct in the discharge of his duties.
d. Breach of any rule of practice and etiquette of the profession made by the Bar Council under this Act or otherwise.
e. Being adjudicated a bankrupt and being found guilty of any of the acts or omissions mentioned in paragraph (a) , (b) , (c) , (e) , (f) , (h) , (k) or (l) of section 33 (6) of the Bankruptcy Act 1967.
f. The tendering or giving of any gratification to any person for having procured the employment in any legal business of himself or any other Advocate and Solicitor.
g. Directly or indirectly procuring or attempting to procure the employment of himself or any other Advocate and Solicitor through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given.
h. Accepting employment in any legal business through a tout.
i. Allowing any unauthorised person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision.
j. The carrying on by himself, directly or indirectly, of any profession, trade, business or calling which is incompatible with the legal profession or being employed for reward or otherwise in any such profession, trade, business or calling.
k. The breach of any provision of this Act or of any rules made thereunder or any direction or ruling of the Bar Council.
l. The disbarment, striking off, suspension or censure in his capacity as a legal practitioner in any other country or being guilty of conduct which would render him to be punished in any other country.
m. The charging, in the absence of a written agreement, in respect of professional services rendered to a client, of fees or costs which are grossly excessive in all the circumstances.
n. Gross disregard of his client’s interests.
o. Being guilty of any conduct which is unbefitting of an Advocate and Solicitor or which brings or is calculated to bring the legal profession into disrepute.
An advocate and solicitor or pupil or registered foreign lawyer found guilty of misconduct may be imposed with one or more of the following penalties or punishments: –
 
1. Reprimand or censure.
2. Imposition of a fine not exceeding RM50,000.
3. Suspension of the advocate and solicitor from practice or in the case of a registered foreign lawyer, recommendation to the Bar Council for suspension of registration, for such period not exceeding five years as the Disciplinary Board deems appropriate in the circumstances.
4. Striking the advocate and solicitor off the Roll or in the case of a registered foreign lawyer, recommendation to the Bar Council for revocation of the registration of the said foreign lawyer.
In addition to the above penalty or punishment, the Disciplinary Board may in appropriate cases make an order of restitution by the advocate and solicitor of the complainant’s monies if it is established that such monies were or are held by the advocate and solicitor in his professional capacity and the complainant is entitled to the return of such monies or part thereof.
 
 
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