| Procedures |
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| A. Complaint Process |
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| Please refer to the Chart of Complaint Process at the Advocates & Solicitors Disciplinary Board. |
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| B. How to lodge a complaint |
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| What you need to provide: - |
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| a) |
Typewritten letter of complaint that contains:- |
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i. Name of the Complainant (as in Identity Card/Passport). |
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ii. Full particulars of the complaint. |
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iii. Signature of the Complainant. |
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iv. Full address of the Complainant. |
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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 practising at. |
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vi. Name and address of the present solicitor acting for the Complainant in the complaint. |
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| b) |
Statutory Declaration Format (Sample attached) |
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i. Individual (English) |
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ii. Organization/Company and others (English) |
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Format Akuan Sumpah (Sample attached) |
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i. Individu (BM) |
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ii. Organisasi/Syarikat dan lain-lain (BM) |
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| c) |
The Complainant’s identity card /passport number |
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| d) |
Supporting documents |
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| e) |
Fee for processing – non refundable, currently in the sum of RM200.00 (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. |
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| C. What Happens After a Complaint is Lodged |
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| a) |
If there are no merits, the complaint will be dismissed. |
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| b) |
If there are merits, the Disciplinary Board may request the relevant Advocate and Solicitor to furnish a written explanation within a specified period and thereafter may: |
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i. deal with the complaint summarily; or |
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ii. appoint a Disciplinary Committee (DC) to carry out a formal investigation |
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| D. Disciplinary Committee Proceedings |
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| The DC comprises: - |
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i. Two Advocates and Solicitors (one of whom shall be the chairman of DC) of not less than ten years' standing and having valid practising certificate; and |
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ii. One lay person |
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| The DC is required to (i) carry out investigations into the complaint within a specified period; (ii) make findings of fact and liability; and (iii) recommend penalty or punishment. |
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| The DC is required to keep a record of the investigation proceedings and shall submit the same to the Disciplinary Board. |
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| E. Right to Appeal |
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| There is a right of appeal against any final order or decision of the Disciplinary Board under section 103E of the Legal Profession Act, 1976. |
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