Legal Profession Act 1976

Original Language Title: Legal Profession Act 1976

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Laws of MALAYSIA Act 166 RE-PRINTING of the legal profession ACT 1976 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 1662 the legal profession ACT 1976 Royal Assent Date.................. 6 March 1976, the date of publication in the Gazette............ 11 March 1976 legal profession 3 laws of MALAYSIA Act 166 of the legal profession ACT 1976 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Application of the 3. Interpretation Part II QUALIFYING BOARD 4. 5 Qualifying Board. Functions Of The Board 6. General powers of the Board and power make rules 7. Membership Of The Board 8. Choose the Acting Chairman of 9. Meetings of the Board and a quorum of People Qualified 10. Admission as a barrister and solicitor of the 11. Eligibility to admitted 12. Duration of training qualified people 13. Exemption from the period of training and qualifications for training 14. Filed a petition for admission and investigations, etc.
15. Petition for admission by affidavit 16. Filed a petition and protest laws of Malaysia ACT 1664 17. Make a caveat against admission 18. Admission in the particular case 19. Right of appeal the objector Clerk Berartikel 20. Qualifications for clerk berartikel 21. Conditions became headmaster and release clerk 22. Release clerk for not eligible 23. Release clerk in General 24. Period of articles and conditions of article 25. Conditions for berartikel clerk admitted Review 26. Appeal from a decision of the Board to the judge Hearing the petition and Daftarai 27. The hearing by the judge who sits on the Board 28. Daftarai advocates and solicitors PART II A SPECIAL PROVISIONS RELATING to ADMISSION AS a BARRISTER and SOLICITOR 28A. The Attorney General's power to issue a certificate of Special Admission 28B. Admission and pendaftaraian as an advocate and solicitor of the person to whom issued a Special certificate of Admission 28C. Provide for Annual Certificate shall not apply to a barrister and solicitor who admitted under this part 28D. Power of Attorney made an order 28E. The provisions of this part shall prevail over the legal profession Section 5 PART III CERTIFICATE of PRACTICE section 29. Advocates and solicitors shall plead every year 30. Loss of eligibility to obtain practising certificates 31. Express 32 Practitioners. Annual Certificate 33. Annual certificate in certain circumstances 34. The applicant shall apply to the Court of PART IV of the PRIVILEGE of a BARRISTER and SOLICITOR of the 35. Rights advocates and solicitors 36. Advocates and solicitors shall have their names in the Daftarai before practice 37. None of the people have no power can act as advocates and solicitors 38. Certain people can act as advocates and solicitors 39. Instrument and document shall be endorsed 40. No costs are payable to the person powerless part V BAR MALAYSIA 41. The Establishment Of The Malaysian Bar 42. The purpose and power Bar Member Bar Malaysia and 43. Barrister and solicitor is a member of Bar 44. Eligibility any member of the 45. Loss of eligibility to become a member of 46. Annual fee laws of Malaysia ACT 1666 Lose eligibility to become a member of the Bar Council, committees of the Bar, etc.
Section 46A. Loss of eligibility to become a member of the Bar Council, a Committee of lawyers, or any of its committees the Bar Council of 47. The Establishment Of The Bar Council 48. Term of Office election of members of the Bar Council of 49. The selection of members of the Bar Council 50. The Bar Council's annual selection of 51. When election deemed election 52. The Bar Council when established 53. Unexpected vacancy shall be filled by qualified Officers 54. President, Vice President and Secretary 55 Bar. When a member of the Bar Council have to empty the post of Master Council 56. Power and the Bar Council 57. Certain power Bar Council 58. 59. Committee Appointments The right to inspect files and copy of bankruptcy proceedings 60. The power of Bar Council received 61. Representation in court the conduct of Bar Council 62. 63 Council Meeting. Expenses of members of the legal profession 7 General meeting of the Malaysian Bar Section 64. Annual general meeting 65. General meeting 66. Vote 67. A Quorum Of The Committee Of State Bar 68. A Combination Of Bar-The State Bar Committee 69. Affiliate Member of the State Bar as a 70. State Bar annual general meeting a.70A. 71 State Bar general meeting. Separation of the combined Bar 72. Meeting of the Committee B r State 73. The Power Of The State Bar Committee 74. Fees are not allowed to be paid to the State Bar Committee 75. Unexpected vacancy Am 76. The names of the members of the Council and of the Committee shall be published in the Gazette PART VI practice, POLITENESS, CONDUCT and DISCIPLINE of PROFESSIONAL BARRISTER and SOLICITOR and CLERK 77. Power to make rules regulating the practice, etc.
78. power make rules specific 78A. Power to make rules regarding professional indemnity 79. Advocates and solicitors shall deliver Compensation Fund accountants report 80. 81 Compensation Fund. Barrister and solicitor cannot act as Commissioner or notary without certificate of 82. Advocates and solicitors willfully and knowingly acted as agent laws of Malaysia ACT 1668 83. Barrister and solicitor may not use the services of a bankrupt that has not been released 84. Barrister and solicitor acting on behalf of housing developers cannot act on behalf of buyers in the housing development 85. The Registrar shall maintain the register of the name of the firm of 86. If there is a relationship of solicitor client 87. If money payable by advocates and solicitors to clients Property Controls 88. A barrister and solicitor who is at fault, etc.
88A. Suspension of a barrister and solicitor from practice 89. Take possession of the documents in the possession of a barrister and solicitor 90. Take possession of the property in the possession of a barrister and solicitor if he is a bankrupt that has not been released, etc.
91. The personal representatives are liable for the acts of a barrister and solicitor of the 92. The Bar Council shall handle the client bank account advocate and solicitor of the dead PART VII DISCIPLINARY PROCEEDINGS 93. Disciplinary Board 94. The power of the Disciplinary Board to cut from Daftarai, suspend due to misconduct, etc.
95. The Disciplinary Committee Panel and the Panel of 96 Investigation Tribunal. The Appointment Of Disciplinary Committee Panel 97. The Appointment Of Tribunal Panel 98 Investigations. Independent Complaints Secretariat 99. A complaint against a barrister and solicitor or 100 trainees. Tribunal Investigation 101. Investigation of 102. The Disciplinary Board's consideration of the report by the Tribunal Investigation Section of the legal profession 9 103. The Disciplinary Board's power to order the penalty 103A. Application to appoint Committee Discipline 103B. The Disciplinary Committee 103 C. The Findings Of The Disciplinary Committee Of The 103D. Consideration by the Board of Discipline shall be Disciplinary Committee report 103E. Appeal from a decision of the Disciplinary Board 103F. Power to make rules 103G. Savings and transitional provisions 103H. The Establishment Of The Disciplinary Fund 103I. Payment of fees, fines, etc., into the Disciplinary Fund 103J. Power to make rules 104. (Cut) 105. Barrister and solicitor may apply to released its name from Daftarai 106. The Bar Council shall notify the Registrar shall order the contrary for a barrister and solicitor of the 107. The High Court can include the barrister and solicitor 108. The costs of proceedings under this part 109. If the person investigated is not present at 110. Publications and documents are considered to be evidence of the facts stated therein 111. No action against Disciplinary Committee, etc., because of acts done PART VIII REMUNERATION BARRISTER and SOLICITOR 112. There are advocates and solicitors can buy client interest 113. The Committee Cost 114. Barrister and solicitor may make agreement for remuneration of 115 clients. Barrister and solicitor are entitled to the costs of consultancy from the mortgagor Section laws of Malaysia ACT 116 Section BERTIKAIAN ARRANGEMENT 16610. Barrister and solicitor may make agreement for managing cost bertikaian 117. The cost can be obtained from the client by any other person not diaku witness 118. 119. The enforcement of the agreement Either party may cancel the agreement advocates and solicitors dead not yet executed 120. If clients change lawyers before the agreement executed on 121. If the remuneration of advocates and solicitors are not agreements PART IX GET and SET the COST of 122. Advocates and solicitors defined 123. Barrister and solicitor shall be entitled to impose obligations on the property to get the cost of 124. There are advocates and solicitors can claim to get the cost until the Bill was submitted cost 125. The Court allowed the solicitor commenced action 126. Commands for the fixing of costs shall be made within 6 months from the time submitted bills cost 127. The cost of getting the commands for setting 128. Command for setting the Bill advocates and solicitors when given notice 129. The petition by the party liable to pay the Bills cost 130. Order that the submitted Bill cost by way of petition 131. The Court may order the barrister and solicitor so submit a copy of the applicant's billings to 132. Bill of costs shall be in accordance with the rules of the Court

133. The Registrar may allow interest levied on money spent by lawyers 134. Cost order fixing payable by solicitor 135. Certificate of officer appointment is final 136. The right of the Government to get the cost of not affected legal profession 11 part X a VARIETY of 137. The Board and the Bar shall maintain a 138 Office. Documents to be served can be sent by post to 139. The Bar Council or Bar Malaysia must obtain sums 140. The fee shall be determined by the Committee 141 Method. The Bank shall not be bound to note are rights to the account of a barrister and solicitor of the 142. There are no estate duty payable for testamentary disposition to Bar PART XI TRANSITIONAL PROVISIONS 143. Definition of 144. Naming the Board of 145. The Registrar shall transfer to Daftarai the name of a barrister and solicitor of the 146. Definition of 147. A certificate issued under section 26 certificate practices deemed to 148. The Bar Council and the Attorney General in Office at the date of this Act come into force 149. Assets and the assets of the Bar Council and the Bar Local 150. Exclusion of 151. The provisions of the Ordinance, a barrister and a solicitor shall apply in respect of remuneration of advocates and solicitors up to general orders made under PART XII REPEAL Act 152. Repeal SCHEDULE laws of Malaysia ACT 16612 legal profession 13 laws of MALAYSIA Act 166 of the legal profession ACT 1976 an act to consolidate the law relating to the legal profession in Malaysia.
[Peninsular Malaysia — 1 June 1977, P.U. (B) 327/77]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the legal profession Act 1976.
(2) the Minister may prescribe different dates for commencement part or provision of this Act that is different and different dates may be appointed for the coming into operation of this Act in Peninsular Malaysia, Sabah and Sarawak.
Application 2. This Act shall apply throughout Malaysia but shall only be applicable in Sabah and Sarawak with modifications made by order by the Yang di-Pertuan Agong; and such order shall be published in the Gazette.
Laws of Malaysia ACT 16614 Interpretation 3. In this Act, unless the context requires a different meaning lines — "Bar Malaysia" and "Bar" means the body corporate established under section 41;
"Register of practitioners" means the annual register kept by the Registrar under section 31;
"Daftarai" means the Daftarai advocate and solicitor of the High Court, kept by the Registrar under section 28;
"The lawyer Committee" means a Committee of the Bar elected under section 70;
"The Committee Rules" means the Rules Committee established under any written law and are empowered to make rules for regulating procedure in the High Court;
"The Committee cost" means the cost Committee established under section 113;
"client" includes — (a) in relation to managing bertikaian, any person who as principal or on behalf of another person place or use the services of a person is a barrister and solicitor and any person who is liable or may be liable to pay the cost of a solicitor;
(b) in relation to matters not bertikaian, any person who as principal or on behalf of another person, or as a trustee, executor or administrator, or for any other properties, are empowered to express or implied, to search for or use the services, and the book or use the services of, a barrister, and solicitor, and any person for the time being be liable to pay to a barrister and Solicitor for services and their cost;
The legal profession 15 "berartikel clerk" has the meaning assigned to it in section 20;
"cost" includes fees, charges, costs of spare parts, expenses and remuneration;
"Compensation Fund" and "Fund" means the Fund maintained and administered in accordance with section 80;
"Board" means the qualifying Board established under section 4;
"Court" means the High Court or a high court judge when sitting in open court, and "Judge" means a Judge of the High Court sitting in Chambers;
"The Bar Council" and "Council" means the Council of the Malaysian Bar Center established under section 47;
"qualified person" means any person who — (a) has passed the final examination leading to a Bachelor's degree in law, University of Malaya, the University of Malaya in Singapore, University of Singapore or the National University of Singapore;
(b) is a barrister-at-law of England; or (c) have any other qualifications as may be declared by the Board by notification in the Gazette as enough to make one qualified person for the purposes of this Act;
"Ordinance" means the Ordinance advocate and solicitor of the 1947 [M.U. 4/1947];
"legal officer" means a person qualified in the judicial and legal service;
"barrister and solicitor", and "solicitor" where the context requires the lines means a barrister and solicitor of the High Court that admitted and enrolled as a solicitor under this Act or under any written law before the commencement of this Act;
Laws of Malaysia ACT 16616 "Registrar" means the Registrar of the High Court and includes a Deputy Registrar, senior assistant registrars and assistant registrars;
"Bahasa Malaysia qualifying examination" means an examination conducted by the Board or any other person appointed by the Board for that purpose;
"plider" means a plider entitled to practice as at the date of coming into operation of this Act;
"practising certificate" means a certificate issued by the Registrar under section 29;
"Annual Certificate" means a certificate issued by the Council under section 32;
"bertikaian matters" means matters undertaken by a barrister and solicitor, in or for the purposes of the proceedings instituted before a Court of Justice, tribunal, Board, Commission, Council, a statutory body or an arbitrator.
PART II QUALIFYING BOARD Qualifying Board 4. A body called qualifying Board established.
Functions Of The Board 5. The Board shall have the following functions: (a) to set the credentials required for admission any person undergoing articles with the purpose he was admitted as a barrister and solicitor;
(b) for conducting courses of instruction for, and for regulating the training and teaching for, the clerk berartikel;
The legal profession 17 (c) to hold examinations for clerk berartikel you want to be a qualified person;
(d) to decide on the qualifications, if any, other than the qualifications set out in paragraphs (a) and (b) of the definition of "qualified persons" in section 3, which can mengehakkan someone to be eligible for the purposes of this Act;
(e) for conducting courses of instruction for, and examination of, the test is not enough to make them eligible for the purposes of the person this Act except after undergoing the course and pass the examination;
(f) to provide management and the exercise of the qualifying examination in Bahasa Malaysia.
General powers of the Board and power make rules 6. (1) in addition to any other powers conferred by this Act, the Board may make rules and do all things necessary and incidental to carry out the purposes of this part and also the function of the Board.
(2) without prejudice to the generality of subsection (1), but subject to this section, the Board may make rules — (a) for regulating the meetings and the conduct of the Board;
(b) to enable the clerk berartikel taken and used services by the principal and for conduct, duties and responsibilities of the parties;
(c) for regulating the way the clerk berartikel undergo a period of keartikelannya;
(d) determine the subjects berartikel clerk required skilled in it;
(e) for examination clerk berartikel from time to time;
(f) for exemption berartikel clerk of the courses of instruction or examination;
Laws of Malaysia ACT 16618 (g) for the appointment of lecturer and examiner and for the payment of fees to them;
(h) for management about and conduct, and exclusions of certain categories of people qualified and clerk of berartikel, qualifying examination English;
(i) for prescribing the forms to be used and fees to be paid under this section.
Membership Of The Board 7. The Board shall consist of — (a) the Attorney General who shall be the Chairman;
(b) two Judges nominated by the Chief Justice;
(c) the Chairman of the Bar Council; and (d) a Dean Faculty of law nominated by the Minister of education.
Choose the Acting Chairman 8. (1) the Chairman shall preside at meetings of the Board and in the event the Chairman is in place, the Board members present at the meeting shall elect a Deputy Chairman who shall have and exercise all the powers of the Chairman.
(2) the Registrar shall be the Secretary of the Board.
(3) the Board shall appoint any officer may deem necessary and shall have power to pay remuneration to its employees.
Board meetings and quorum

9. (1) The Board shall meet at the time and at the place determined by the Chairman.
(2) the Board has the power to define the quorum for its meetings.
The profession of law 19 (3) each Board Member has one vote and the Chairman of the meeting shall have a casting vote.
People Qualified admission as a barrister and solicitor of the 10. The High Court may, in its discretion and subject to this Act, admission as a barrister and solicitor of the High Court — (a) any person is qualified; and (b) any berartikel clerk who has complied with section 25: provided that no person shall be a person qualified by reason he passed the final examination for a degree or other credentials that make him the person eligible under paragraph (a), (b) or (c) the definition of "qualified persons" in section 3 can be admitted as a barrister and solicitor before degree or other qualification has been awarded to him.
Eligibility to admitted 11. (1) subject to section 14, a person qualified can be admitted as a barrister and solicitor if he — (a) has attained the age of eighteen years;
(b) behave well; and — (i) no conviction in Malaysia or in any other place for any criminal offence making it not eligible to be a member of his profession, and in particular, but not limited to, an offence involving fraud or dishonesty;
(ii) has not been convicted of bankruptcy and never found guilty of any act or omission referred to in paragraph 33 (6) (a), (b), (c), (e), (f), (h), (k) or (l) Bankruptcy Act, 1967 [Act 360];
Laws of Malaysia ACT 16620 (iii) never do any other Act which lets him fired, disqualified or suspended from practice, if he is a barrister or advocate in England;
(iv) has not been, or cannot be, fired, disqualified or suspended on its properties as a practitioner of law in any other State;
(c) is either a citizen of the Federation or a permanent resident of Malaysia;
(d) have undergone satisfactorily in Malaysia prescribed training period for qualified people.
(2) from 1 January 1984, there someone already qualified can be admitted as a barrister and solicitor unless, as in addition to meet the requirements of subsection (1) he must have passed or be exempted from the qualifying examination in Bahasa Malaysia.
Duration of training qualified people 12. (1) for the purposes of this part, a person is qualified shall be known as a "trainer" in a period of training, and a person whom the trainees undergo a period of training or any part of the period of training shall be known as "instructors".
(2) the qualified Person shall, before being admitted as a barrister and solicitor, undergo a training period and, subject to this section and section 13, the prescribed training period is nine months.
(3) No person may be qualified, even without special permission in writing from the Bar Council, holding any Office or duty in any employment of any kind, whether full time or otherwise, during the period of training, but there is nothing in this subsection shall prevent a person from receiving remuneration from trainer pengajarnya.
The legal profession 21 exemption from the period of training and qualifications for training 13. (1) subject to subsection (4) a trainee shall undergo a period of training with a barrister and solicitor who runs and has been actively practicing in Malaysia for a total period of not less than seven years immediately before the date of the training begins: provided that the Bar Council can be special reason allow a person trainer undergoing a period of training with a barrister and solicitor who has been practicing for less than seven years.
(2) the Bar Council may allow a person qualified to undergo different training portions with different instructors.
(3) the Bar Council may, in his/her discretion, exempt someone qualified from undergoing any training period to six months upon application made to him by supported by satisfactory evidence that — (a) there are special circumstances which justify the abbreviated training periods; or (b) the applicant has for a period of not less than six months to become trainers or practicing in the privacy of a person a legal practitioner who has been actively practicing alone for more than seven years in the Commonwealth; or (c) the applicant is an berartikel in Malaysia or clerk;
(d) the applicant was employed in practice alone actively as a practitioner of the law no matter what name he is known in any part of the Commonwealth for a period of not less than six months.
(4) a person is eligible to serve in the judicial and legal service for seven years are exempt from undergoing any period of training provided that its application for admission as a barrister laws of Malaysia ACT 16622 and solicitors are supported with a certificate of the Attorney General stating that he is a fit and proper person admitted as a barrister and solicitor.
(5) the Bar Council may, in its discretion, upon application made to him by supported by satisfactory evidence in writing given by the Attorney General, exempt someone qualified who had served in the judicial and legal service for at least three years, from undergoing any period of training up to a maximum of six months.
Filed a petition for admission and investigations, etc.
14. (1) when difail any petition to admitted and enrolled as advocates and solicitors, the Bar Council shall make or cause to be made a full investigation on the behavior of the petitioner and, after the petition was decided to be heard, shall send to the Chief Judge of a confidential report on the investigation results.
(2) all State Bar Committee (if more than one) in the State that persons applying for admission as a barrister and solicitor in accordance with section 15 have undergone training shall, upon petition of the person determined to be heard, make or cause to be made a full investigation on the behavior of the petitioners and confidential report on the results of the investigation shall be sent to the Chief Judge with such comments thereon as he thinks necessary by the Bar Council.
(3) if any report referred to in subsection (1) or subsection (2) does not benefit the petitioner, Chief Judge, if he thinks fit, may direct that the report filed in court and a copy served upon the petitioner and, subject to such directions as may be given by the Court, the report may be taken into consideration when the petition is heard.
(4) all reports and communication under this section diistimewakan as a whole.
The legal profession 23 Petitions for admission by affidavit 15. (1) this section shall apply to every person who proposes to apply for admitted and enrolled as a barrister and solicitor.
(2) an application for admission as a barrister and solicitor under this section shall be made by a petition to the Court and verified by affidavit.
(3) every petitioner shall, within a period of not less than fourteen days before the petisyennya be heard or such shorter period as may be allowed by the Court, make an affidavit by showing — (a) if applicable, a copy of true for any evidence documents indicating that he was a qualified;
(b) two recent certificate of good conduct;
(c) a certificate of the craft of the pengajarnya whom he had undergone training in the event that he/she is required to undergo a period of training, or, if the certificate, in the absence of any other evidence required by the Court shows he has the diligent training;
(d) if applicable, a certificate signed by the Secretary of the Board stating that the petitioner has attended courses of instruction and pass the examination, if any, required therefor under this Act; and (e) if applicable, a certificate from the principal stating that he had undergone the training period may be satisfactorily as a clerk berartikel;
(f) a copy of the true any evidence showing that he dokumentar is whether a Federal citizen or a permanent resident of Malaysia; and the laws of Malaysia ACT 16624 (g) true copy of any evidence that he has passed dokumentar or exempted from the qualifying examination in Bahasa Malaysia.
(4) the petition, notice, certificate and affidavit referred to in this section shall be in the form prescribed by the Board.
(5) the petitioner shall file a petisyennya at the Office of the Registrar the Office of the Large Registration accompanied by notice tells that he has made the petition; Notice the ditampalkan and ditampalkan directly on all High Court for three months before the petitioner admitted and enrolled as a barrister and solicitor.
Filed a petition and objections

16. (1) One copy for each petition and affidavit required to be filed under section 15 along with a copy of the true per document shown in accordance with that section shall, within seven days after its filings with the Office of the Registrar, and within not less than ten days or any shorter period as permitted by the Court prior to the date set for hearing the petition , presented to the Attorney General, the Bar Council and the Bar of the State of which the trainee has undergone any part of the period of training.
(2) if the Attorney General, the Bar Council or any State Bar Committee proposing to object to any petition, shall be conveyed to the petitioner and filed at the Office of the Registrar, within not less than three clear days or any shorter period as permitted by the Court prior to the date set for hearing the petition, the objection a notice shall state briefly the reasons for the objection.
(3) when a notice of objection is filed the petition shall be determined to be heard within one month or as soon as possible before a high court judge.
(4) the Attorney General, the Bar Council or Committee of the State Bar does not need to be represented when a petition be heard unless the Attorney General, the Bar Council or Committee of the State Bar, as the case may be, intend to protest the legal profession 25 thereof, but no such order may be made against any petition unless the Court is satisfied that a petition, affidavit and copies of true for each document that was presented properly as required by subsection (1).
Enter a caveat against admission 17. (1) any person may enter a caveat against any of petitioner was admitted as a barrister and solicitor and when the caveat that included no such application for the petitioner was admitted as a barrister and solicitor may be heard unless a notice of the hearing not less than 3 clear days has been communicated to the person making the application.
(2) every application under this section shall be made at the Office of the Registrar and shall contain the full name, occupation and address of pengkaveat, a brief statement of reasons bantahannya and an address for service of notices.
(3) if at any time after the petitioner admitted and enrolled as a barrister and solicitor, evidence given to the Court that a petition, affidavit, certificate or other document has been filed by the petitioner containing any statement that is false or misleading in part not materially or conceal any material fact that the petitioner's name can be removed from the Daftarai.
(4) where a barrister and solicitor has been removed from the Daftarai pursuant to subsection (3), the Registrar shall on payment of any petition made by that person to also admitted as a barrister and solicitor to bring the facts to the knowledge of the Court and the Court shall, if there are special circumstances, refused to approve the petition made the other.
Admission in the particular case 18. (1) Notwithstanding anything contained in this Act, the Court, for the purposes of any one case and subject to the following subsections, can admit someone laws of Malaysia ACT 16626 to practice as a barrister and solicitor who, if he is a Malaysian citizen, or a permanent resident, he is eligible to be admitted as a barrister and solicitor of the High Court and no person shall be admitted to practice as a barrister and a solicitor under this subsection unless — (a) for the purposes of the particular case that he is, in the opinion of the Court, have special qualifications or experience of the type that could not be found from among advocates and solicitors in Malaysia; and (b) he has been instructed by a barrister and solicitor in Malaysia.
(2) any person seeking to be allowed to attend as a lawyer under this section shall do so through the originating motion confirmed with afidavitnya itself, or by affidavit advocates and solicitors who ordered him to, stating the names and brief details of the suit or things that the applicant proposes to present, and showing the consent of the applicant in the affidavit to appear in the suit or the matter; the originating motion and the affidavit shall be served on the Attorney General, the Secretary of the Bar Council and the Secretary of the Committee of the State Bar in the State where the suit or the matter will be heard and to the other party to the suit or the matter; at the time of delivery the applicant shall pay one hundred dollars to the Secretary of the Bar Council and one hundred dollars to the Secretary of State Bar Committee covers the cost for those who do for the application.
(3) before a person is permitted to appear as a lawyer under this section the Court shall take note of the opinion of every person who has delivered the application.
(4) the Registrar shall, on payment of the prescribed fee, issue to every person who is permitted to appear as a lawyer under this section a certificate to practice stating therein suit or things that the person permitted to attend; and any person to whom a certificate to practice has been issued under this subsection shall be for the purpose of penggunakhidmatannya the legal profession 27 in the suit or the matter is deemed to be a person to whom a certificate to practice has been issued under section 29.
(5) the Registrar shall not be recorded in the Daftarai but shall keep a separate Daftarai for the names of people that are allowed to appear as a lawyer under this section.
(6) in this section the word "suit or matter" includes any proceeding interlokutori or appeal in connection with any suit or things.
Right of appeal the objector 19. Petitioners under section 15 and the applicant under section 18 and any one or more of the following, namely, the Attorney General, the Board, the Secretary of the Bar Council or the Secretary of any State Bar Committee that opposes any petition or protest the making of any order or any originating motion under section 18 has the right to appeal to the Federal Court: provided that a judge who makes an order against which the appeal is made shall not be a member of the Federal Court.
Qualifications for clerk Berartikel clerk berartikel 20. (1) unless authorized by this Act and any rules made by the Board, no person shall make an agreement to have the article with the aim that was admitted as a barrister and a solicitor unless he — (a) has attained the age of seventeen years;
(b) behave well; and (c) educational qualifications that need to be fixed by the Board.
Laws of Malaysia ACT 16628 (2) for the purposes of this part, a person who has made an agreement to have the article to a barrister and solicitor shall be known as "berartikel" clerk and a barrister and solicitor who accepts a clerk berartikel shall be known as the "principal".
Conditions of the principal and the release of clerks 21. (1) without special permission in writing from the Board, no person advocates and solicitors eligible principal unless he has been actively practicing as a barrister and solicitor in Malaysia for a period of not less than seven years before the beginning of the article and he still actively practicing.
(2) no principal can have more than two clerks berartikel at a time.
(3) No person even principal can take or use any service berartikel the clerk after the headmaster stopped actively practicing as a barrister and solicitor in Malaysia or the current Clerk of the berartikel used the services of an advocate and solicitor of the other.
(4) if any of the advocates and solicitors take a clerk berartikel berlanggaran with this section the Board may upon its own article usulnya release berartikel the clerk on any terms, including terms as to the return of any premium, as it thinks fit and reasonable by the Board.
Release clerk for not qualified 22. If any charges are made to the Board on the disqualification of a person berartikel clerk to become a barrister and solicitor, and the Board, after investigating allegations that the clerk is satisfied that it is not entitled to berartikel to become a barrister and solicitor, the Board may on its own release usulnya berartikel clerk of the article on such terms, including terms as to the return of any premium, as it thinks fit and reasonable by the Board.
The legal profession generally clerks Release 29 23. If the Board is satisfied on application made by either a principal or a clerk berartikel that the article should have been discharged, the Board may release the article on such terms, including terms as to the return of any premium, as it thinks fit and reasonable by the Board.
Period of articles and conditions articles

24. (1) The period of the article for a clerk who is a student of berartikel University recognized by the Board for the purpose of this section is three years.
(2) the term of articles for every other person was five years.
(3) no clerk can berartikel without special permission in writing from the Bar Council, holding any Office or duty in any kind of a job, either full time or otherwise, within his article but nothing-nothing in this subsection shall prevent a person receiving remuneration from berartikel clerk principal.
Conditions for berartikel clerk admitted 25. (1) subject to sections 22 and 23 and of any rules made by the Board there a clerk berartikel can be admitted and enrolled as a barrister and a solicitor unless he — (a) have undergone the prescribed period article satisfactorily;
(b) attended any courses of instruction as may be prescribed by the Board generally or specially; and (c) has passed any examinations as may be prescribed by the Board.
(2) from 1 January 1984, none clerk berartikel can be admitted and enrolled as a barrister and solicitor unless, as in addition to meet the requirements of subsection (1) he must have passed or be exempted from the qualifying examination in Bahasa Malaysia.
Laws of Malaysia ACT 16630 Review appeals from the Board's decision to the judge 26. (1) any person who is dissatisfied with any decision of the Board may apply to a judge for review of the decision.
(2) if the Board does not decide on any request within six weeks after the request was first submitted to it, the applicant may apply under this section includes just-by the request was decided contrary to the convictions.
(3) every application under this section shall be made by summons in chambers on the petition of the appellant if he had filed a petition, otherwise, by originating summons; The judge hearing the application may in its discretion postpone the application so as to be heard in open court.
(4) every summons in chambers or originating summons, as the case may be, shall be supported by evidence through the affidavit and shall be served together with the affidavit to the Board; summons in chambers or originating summons shall not be heard before the end of the twelve days after the date it is delivered to the Board.
(5) at the time of or before the application is heard, the Board may submit to the Judge a confidential report on the applicants; the report cannot be filed in the Court but a copy shall be given to the applicant.
(6) a confidential report under this section diistimewakan.
(7) At the hearing the judge may reject the application, or may make any order it thinks fit and reasonable under this Act.
(8) a judge who became a member of the Board cannot hear any application under this section.
The legal profession 31 Hear Petition and Daftarai Hearing by the judge who sits on the Board 27. A judge who sits on the Board can't hear any petition for admission as a barrister and solicitor.
Daftarai advocates and solicitors 28. (1) the Registrar shall keep a Daftarai barrister and solicitor together with the date of their respective admitted so.
(2) the name, together with the date was admitted as a barrister and Solicitor for every person who admitted such shall be recorded in ascending order according to their Daftarai admitted.
(3) every person who is admitted as a barrister and solicitor shall pay the prescribed fee and the Registrar shall deliver to him an instrument was admitted as a barrister and solicitor, signed by Chief Judge or judges receive petitioners in.
(4) this section shall not apply to a person who was admitted as a barrister and solicitor under section 18.
(5) Daftarai shall be open for inspection by any person during office hours without payment.
* B AHAGIAN II A SPECIAL PROVISIONS RELATING to ADMISSION AS a BARRISTER and SOLICITOR of the powers of the Attorney General to issue a certificate of Special Admission 28A. (1) the Attorney General may issue a special certificate to be admitted as a barrister and solicitor * NOTE — this part comes into operation on 1 February 1999 – see P.U. (B) 33/1999.
Laws of Malaysia ACT 16632 High Court (hereinafter referred to as the "Special certificate of Acceptance Check-in") to any person who, in its opinion, meet the following requirements: (a) (i) is a qualified; or (ii) is not a qualified, but have an approval that makes it eligible to practice as a barrister, or as a procurator, or as a barrister and solicitor, or otherwise as a practitioner of the law no matter what name he is known or to be employed as an officer of the law or justice in the service of any Government, in any country; or in any part of any country; or in any region or place, outside Malaysia; and (b) has been practicing as a barrister, or as a solicitor or as a barrister and solicitor, or otherwise as a practitioner of the law no matter what name he is known or has been employed as a legal officer or justice of any Government or by any authority, organisation or body, established under any law , or has at times run such practices or is sometimes employed such, wholly or partly within or wholly or partly outside Malaysia, for a period of, or for the term of the amount amounting to not less than seven years.
(2) if the Attorney General issue a Special certificate of Admission he shall state the period in which the person to whom the Certificate was issued shall be admitted as a barrister and solicitor.
(3) a Special certificate of Admission is conclusive evidence that the requirements of paragraph (1) (a) and (b) have been met, and the validity of the Certificate shall not be questioned or reviewed in any court.
The profession of law 33 (4) in subsection (1) — "Government" includes — (i) the Government of Malaysia;
(ii) the Government of any State in Malaysia; and (iii) the Government of any country, or a part of a country, or a region or place, outside Malaysia; and "law" includes — (i) the written law as defined in section 3 of the Interpretation Act 1948 and 1967 [Act 388]; and (ii) the law of any country, or a part of a country, or a region or place, outside Malaysia.
Admission and pendaftaraian as an advocate and solicitor of the person to whom issued a Special certificate of Admission 28B. (1) a person to whom issued a Special certificate of Admission can apply through ex parte originating summons to a judge of the High Court in Chambers in order to be admitted as a barrister and solicitor of the High Court.
(2) a judge who hears an application under subsection (1) shall, when satisfied about the authenticity of the Certificate Special Admission and about the identity of the applicant, the applicant received in as a barrister and solicitor of the High Court for the period specified in the Certificate; and a person so admitted as a barrister and solicitor shall be enrolled and given an instrument admitted under section 28.
(3) the receipt in and pendaftaraian a person as a barrister and solicitor under subsection (2) shall not be questioned or reviewed in any court.
Laws of Malaysia ACT 16634 (4) a barrister and solicitor who is admitted under subsection (2) shall have the right to renew his or her acceptance from time to time when submitted to the Registrar within two months before the expiry of the acceptance or receipt of entry being renewed, as the case may be, a renewal certificate issued by the Attorney General in his discretion: provided that , with the consent of the Attorney General in writing, renewal certificate that can be submitted to the Registrar at any time after the expiration of the acceptance or receipt of entry being renewed, as the case may be.
(5) a renewal certificate issued under subsection (4) shall be for renewal receipt or receipt of entry being renewed, as the case may be, for any period specified in the Certificate, and renewal under subsection (4) shall be appropriate for the term stated so.
(6) the validity of a renewal certificate issued under subsection (4) shall not be questioned or reviewed in any court.
(7) the provisions of sections 10 to 19, including both, cannot apply to the admission of a person as a barrister and solicitor under this section, or for the renewal of the acceptance or receipt of entry being renewed, advocates and lawyers that way.
Provide for Annual Certificate shall not apply to a barrister and solicitor who admitted under this part

28C. The provisions of sections 32 and 33, or any other provisions of this Act relating to the annual Certificate, shall not be applicable to advocates and solicitors admitted under this part.
The legal profession 35 power of Attorney made an order 28D. The Attorney General may, by order published in the Gazette, make such provisions as it deems necessary and expedient to enforce the provisions of this section or to effect its meaning, and without prejudice to the generality of the above, an order made under this section may provide for — (a) any additional things, incidental or consequential in respect of this part; and (b) delete any difficulties or anomalies in any provision of this Act or in any other written law, or otherwise, that may be caused by any of the provisions or this section.
The provisions of this section shall apply 28E. The provisions of this section or any order made under this section shall have effect notwithstanding any provisions to the contrary or inconsistent therewith contained in any provision of this Act other than this section, or in any other written law, and provisions of this Act (other than this section) or the provisions of any other written law to be read — (a) mutatis mutandis with the provisions of this part and any order made under this part; and (b) with any modifications, adaptations, modifications or changes necessary to make it in line with the provisions of this part and any order made under this section.
PART III CERTIFICATE of PRACTICE advocates and solicitors shall plead every year 29. (1) every advocate and solicitor shall in each year before he commits any act upon the nature of the laws of Malaysia ACT 16636 one barrister and solicitor deliver or cause to be delivered to the Registrar: (a) a declaration in writing stating — (i) full name;
(ii) a name that he practice or the name of a barrister and solicitor or firm of advocates and solicitors menggunakhidmatnya; and (iii) primary address or such other address as he or she practice in Malaysia;
(b) the certificate or a certified copy thereof Annual on real, if any, issued to him by the Bar Council; and (c) of the prescribed fee, and the Registrar shall when satisfied that all the necessary documents are in order and that the firm name under which the advocate and solicitor of the practice have in the register maintained under subsection 85 (1) issue a practising certificate to a barrister and solicitor is.
(2) subject to subsection (3), every certificate of practice shall be signed by the Registrar and shall be valid from the date it is issued until the end of the year: provided that — (a) if the name of a barrister and solicitor is removed, or cut from Daftarai, the certificate of practice, if any, for advocates and solicitors must end immediately and the expiration date shall be recorded by the Registrar of the register of Practitioners;
(b) where a barrister and solicitor convicted of bankruptcy or if an order is made against him, acceptance of practising certificates, if any, for the barrister and solicitor shall be suspended immediately, the truth of the Bar Council to use it again found.
The legal profession 37 (3) where a barrister and solicitor has complied with the successful completion of the provisions of subsection (1) in January each year, practising certificates issued to him in respect of that year shall be deemed to have come into operation from 1 January in that year.
(4) in this section the word "year" shall mean the period from 1 January in any calendar year to 31 December in the same calendar year.
Loss of eligibility to get a certificate of practice 30. (1) No barrister and solicitor may apply for a certificate of practice — (a) unless he is practicing or intending to practice either on behalf of yourself or in partnership in Malaysia; or (b) unless he used service or full-time service shall carry out practice in Malaysia by a barrister and solicitor or firm of advocates and solicitors practice in Malaysia; or (c) if he used in profitable services by any person, firm or other body on nature other than a barrister and solicitor.
(2) for the purposes of this section a person qualified cannot be construed as work as a profitable if he served in the judicial and legal service.
(3) any person qualified in profitable services that apply under paragraph (1) (c) shall surrender the certificate of practice to the Registrar.
Express 31 Practitioners. (1) when issued every practising certificate, the Registrar shall cause to be recorded in the register of annual named Express practitioners, the particulars contained in the Declaration submitted under paragraph 29 (1) (a) and any person may examine the register the Practitioners during office hours without payment.
Laws of Malaysia ACT 16638 (2) if there is any change of any barrister and solicitor of the particulars referred to in subsection (1) the barrister and solicitor shall be within one month later told the Bar Council and the Registrar, and the Registrar shall thereupon cause to note with regard to the barrister and solicitor is made in the register of Practitioners.
32 Annual Certificate. (1) subject to this section and sections 33 and 34, the Bar Council shall at any time after June in the previous year, issue a certificate to a barrister and solicitor within twenty-one days after receiving an application under subsection (2) where — (a) the Bar Council is satisfied that the application complies with that subsection and any rules made under this section;
(b) the Bar Council is satisfied that the applicant is not prohibited from holding a practising certificate under section 30;
(c) a barrister and a solicitor that has submitted or are exempted from submitting a report of Accountants in accordance with section 79;
(d) a barrister and solicitor is not in debt in respect of any contributions to the Compensation Fund, or in respect of any fees or levies payable legally to the Bar Council or Committee of the State Bar under this Act; and (e) a barrister and solicitor is intending to practice under a name approved.
(2) an application by a barrister and Solicitor for an Annual Certificate shall be made in form as may be prescribed by and in accordance with rules made under this section and shall be accompanied by the relevant certificate indicating that paragraph (1) (d) have been followed.
The legal profession 39 (3) disciplinary proceedings may be taken against any barrister and solicitor if in, or in connection with, an application under this section, he made a false statement of a material to the application.
(4) subject to this Act, the Bar Council may make rules for regulating the Annual certificate.
(5) any rules made by the Bar Council under this section shall be signed program by the Chairman of the Bar Council.
Annual certificate in certain circumstances 33. (1) subsection (2) shall have effect in respect of an application for an Annual Certificate made by a barrister and solicitor — (a) after the expiration of more than twelve months since he was admitted as a barrister and solicitor and if he does not hold a practising certificate which is valid for the period;
(b) if he holds a practising certificate subject to terms and conditions at any time during the three years immediately before the application;
(c) after the lapse of more than twelve months since he holds a valid certificate of practice;
(d) after * Disciplinary Committee has ruled that a penalty or costs paid by him;
(e) after being suspended from practice or having his name removed, or cut, from Daftarai the suspension period has expired or the name was recorded in Daftarai, as the case may be;
(f) while he was still a bankrupt that has not been released or current an order acceptance in bankruptcy remain in force against him;
* NOTE — any reference to "Disciplinary Committee" or "Investigation Committee" in this Act before it was amended in 1992 by A812 Act must be construed as a reference to the term "Disciplinary Board" pursuant to the amendments Act — see legal profession (Amendment) order 1992 [Act A812] s. 2 (2).
Laws of Malaysia ACT 16640 (g) after being sentenced to be bankrupt and getting its divestment or having made a composition with his creditors or a deed of arrangement for the benefit of his creditors;
(h) after a komital command or order that a writ of detention issued have been made against him.
(2) in any of the circumstances referred to in subsection (1), the applicant shall, unless a judge or the Bar Council ordered otherwise, give notice to the Bar Council not less than four weeks before its application for a certificate of Annual goal to be memohonnya and the Bar Council may in its discretion —

(a) issue a certificate of Annual; or (b) notify the applicant that he or she is required to make an application under section 34.
The applicant shall apply to the Court 34. (1) a barrister and solicitor who is required to make an application under this section or any barrister and solicitor who is dissatisfied with the refusal, negligence or delay in issuing him an Annual Certificate may apply to a judge through the suit beginners to obtain an order directing Council Lawyers issue an Annual Certificate to him.
(2) the judge hearing an application under this section may make an order that the costs be paid by or to whether the Bar Council or the applicant as he shall think fit and reasonable.
PART IV PRIVILEGES ADVOCATES and SOLICITORS Rights Advocates and solicitors 35. (1) subject to this Act and any other written law, any barrister and solicitor have exclusive rights to attend and speak on behalf of their clients legal profession 41 in all courts of Justice in Malaysia under the laws in force in the Court; and one of their own they have the same rights and privileges without a difference.
(2) no nothing contained herein shall affect the rights hereby prescribed for — (a) a legal officer that his duties require them to do so, and those qualified to be appointed to temporarily perform the duties of a legal officer to attend and speak on behalf of the Government in the courts;
(b) * the trustee's Office, Assistant Director of insolvency, * Assistant Amanah Raya and † insolvency officer to attend and speak in court under any written law relating to the posts; and (c) existing plider.
Advocates and solicitors shall have their names in the Daftarai before practice 36. (1) subject to this section, no person shall practise as a barrister and solicitor or do any act as an advocate and solicitor unless his name is in Daftarai and she had a valid certificate of practice allows him to perform the Act; a person who is not qualified as such mentioned in this Act, "person not authorized".
(2) a judge, on application made in the Chamber by an instructor at the time of the commencement of the Instructor Trainer training, may make an order allowing the trainees to attend on behalf of the Instructor or the firm that the Instructor is conducting practices — (a) during a period of three months from the date of the order — (i) in front of a judge or the Registrar of the High Court, in Chambers;
* NOTE — any reference to the Trustees Raya interpreted as a reference to the Corporation — see subsection 43 (3) of the public trust Corporation [Akt 532].
† POSTS — see section 70 of the Act which came into force on 1.10.2003 A1197.
Laws of Malaysia ACT 16642 (ii) before the sessions Court judge or magistrate, in Chambers;
(iii) before the Registrar of the subordinate courts, to mention the case, including recording a default judgment, or apply for a guarantee or take judgment agreement or order; and (b) at the time of the expiration of the period of three months at the High Court in chambers and in the subordinate courts and before any Magistrate, to conduct any suit or things.
(3) the judge shall make an order referred to in subsection (2) if he thinks fit and reasonable to do so provided that kept up that both the Bar Council and the State counsel has delivered the application and have got the opportunity to hear about the application.
(4) training period shall commence on the date of filing the petition referred to in subsection 15 (5).
(5) the instructor trainer, the Bar Council or Committee of the State Bar may apply at any time during the training a person trainer to any judge in Chambers to get change or cancellation of an order referred to in subsection (2) and the judge on the application must make such orders as are in all the circumstances it considers the main interest is to the profession.
(6) no nothing in this section shall be construed as preventing an officer of law from carrying out any duties without holding a certificate of practice or make a legal officer who does not have a valid certificate of practice as people not authorized.
No unauthorised person shall act as a barrister and solicitor of the 37. (1) any person not authorized which — (a) acts as a barrister and solicitor or agent for any party to the proceedings or of any nature, aside from being a party to a legal profession 43 actions for which he is himself a party, apply for and obtain any writ, summons or process, or begin, continue, persuade rayu or defending any action, suit or other proceeding in the name of any other person in any court in Malaysia or make or provide any letter way with respect to any proceeding in any such court; or (b) bersengaja or by false pretense, or takes or uses any name, title, addition or description which implies that he was qualified or properly authorized to act as a barrister and solicitor or that he is recognised by law as qualified or authorized such, commits an offence and shall on conviction be liable to a fine not exceeding two thousand five hundred dollars or to imprisonment for a term not exceeding six months or to both.
(2) without prejudice to the generality of subsection (1), any person not authorized that either directly or indirectly — (a) make or provide any document or instrument relating to any immovable property or in relation to any legal proceedings or any trust; or (b) take direction to or make or provide any document to found or oppose a grant of probate or letters of administration of the estate;
(c) make or provide any document or instrument relating to incorporating or forming a limited company; or (d) on behalf of a claimant or a person say himself as having a claim upon a right in law to write, publish, or send a letter or notice threatened want to take legal proceedings other than a letter or notice stated that the matter be returned to a barrister and Solicitor for legal proceedings; or laws of Malaysia ACT 16644 (e) persuade rayu right to negotiate, or negotiate with any way for solutions, or resolve, any claims arising from personal injury or death and rights based on law or otherwise, unless he proves that the Act was done not for or hoping to get any fees, profits or remuneration , commits an offence under this subsection.
(3) any person not authorized offering or agreeing to put another person for use in the service of an advocate and solicitor commits an offence under this subsection: provided that this subsection shall not apply to a person who offers or agrees to put another person for use in the service of an advocate and solicitor in accordance with a contract of indemnity or insurance which is valid.
(4) every person who is convicted of an offence under subsection (2) or (3) shall, on conviction, for a first offence to a fine not exceeding five hundred dollars or if you do not pay him to imprisonment for a term not exceeding three months and for the second time or time is then liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or both of each.
(5) any act committed by a body corporate which if done by someone will become an offence under subsection (1), (2) or (3) or that was or is doing so to be counted as implies that the body corporate is qualified, or recognised by law as qualified, to act as an advocate and solicitor is an offence under this section and the body corporate can , on conviction, for the first offence to a fine not exceeding one thousand dollars and for the second time or time is then liable to a fine not exceeding three thousand dollars and the legal profession 45 if the act committed by a Director, officer or pekhidmatnya by the directors, officers or servants may, without prejudice to the liabilities of the body corporate, be liable to the punishment provided for in subsection (4).
(6) if any firm commits an act which if committed by a person will be guilty of an offence under subsection (1), (2) or (3) every Member of the firm shall be deemed to have committed the offence unless he proves that he did not know about the act performed.

(7) any person who does any act in relation to a proposed or brought proceedings in the High Court and the Act of an offence under this section, that person is also guilty of court contempt proceedings in which is intended or carried and can be punished accordingly regardless of whether he is charged for the offence or not.
Certain people can act as advocates and solicitors 38. (1) Section 37 does not apply to — (a) the Attorney General or solicitor general or any other person acting under the authority of one of them;
(b) * the trustee's Office, Assistant Director of insolvency, * Assistant Trustee and † insolvency officer acting in time to carry out their duties under any law relating to Office;
(c) any other public officer who makes or provides the instrument in time to carry out his duties;
(d) any person acting on his own to itself only in any matter or proceeding which he is a party thereto or acting alone-points for a specific company or organization whom he served as a full-time salaried employee in any matter or proceeding which company or organization is a party, but that person * ENTRIES — any reference to the Trustees Raya interpreted as a reference to the Corporation — see subsection 43 (3) of the public trust Corporation [Akt 532].
† POSTS — see section 70 of the Act which came into force on 1.10.2003 A1197.
Laws of Malaysia ACT 16646 shall not be entitled to represent the company or organization in court or in Chambers or claimed to witness the document on behalf of the firm or the required witness by a diaku barrister and solicitor;
(e) any bona fide employee and full time for an insurance company that a negotiated solution or settling a claim made or recommended to any person or body corporate in case claims arising from personal injury or death that in respect of a risk insured by the insurance company;
(f) any arbitrator or umpire acting legally under any written law relating to arbitration, to settle and try to resolve the dispute between the parties in the arbitration;
(g) any full-time member of the academic staff of the Faculty of law University of Malaya Act merely on the nature of the Advisory with instructions from a barrister and solicitor who practice;
(h) any Accountants make or provide documents in the exercise of his profession;
(i) any proceedings before the Arbitration Court or the Syariah Court Enterprises;
(j) any person who merely used the service to write an instrument or proceeding;
(k) any approved company auditors who make or provide an instrument referred to in paragraph 37 (2) (c) or that he is empowered to make under any written law relating to the company;
(l) any agent authorized properly to the satisfaction of the Registrar of trade marks which makes or provides documents on any matters relating to the trademark;
The legal profession 47 (m) any full time employee for an advocate and solicitor who made or to provide any document under the authority of a person is a barrister and solicitor who practice and for the purpose of his employer.
(2) the word "document" and "instrument" in section 37 does not include something the will or other document bequeathed.
Instrument and document shall be endorsed 39. Every person who makes or provides any instrument or document referred to in section 37 shall endorse or or cause to be endorsed on the instrument or document name and his address or the name and address of his firm or firms making use of his services and any person that fails to do so or in false or cause to endorse or endorsed any instrument commits an offence and shall on conviction , a fine not exceeding one thousand dollars.
No costs are payable to the people have no power to 40. (1) no such costs in respect of anything done by a person not authorized as a barrister and solicitor or in respect of any act which is an offence under section 37 or 39 can be claimed by a person in any action, suit or matter.
(2) any payment made to a person not authorized for anything done that is an offence under section 37 or 39 can be claimed in the court having jurisdiction will be entitled by the person who had paid the money.
Part V BAR MALAYSIA Malaysian Bar Establishment 41. (1) a body corporate called "B r Malaysia" was established.
Laws of Malaysia ACT 16648 (2) Bar Malaysia is a body corporate that have perpetual succession and a common seal and shall have such powers subject to this Act to sue and be sued on behalf of him and acquire and dispose of movable and immovable property and melaku and complete any other Act which may be executed by the body corporate through law.
The purpose and power Bar 42. (1) the purpose of the Malaysian Bar is — (a) to defend justice regardless of personal interest or the interests of its members, is not affected by feelings of fear or pity;
(b) to maintain and raise standards of conduct and teaching legal profession in Malaysia;
(c) to facilitate members of the legal profession and others acquire knowledge of the law;
(d) if required to do so, to express his opinion on matters pertaining to legal and administrative and legal practice in Malaysia;
(e) to represent, memperlindungi and assist members of the legal profession in Malaysia and develop in such a way that fit the interests of the legal profession in Malaysia;
(f) to establish library and acquire or rent the premises to house the library and the Office of the Malaysian Bar or facilities for use by members of either severally liable or jointly with a body or other organizations;
(g) for memperlindungi and assist the public in all matters touching, related or incidental to the law;
(h) to provide for or help organize a scheme which people there berwang can be represented by a barrister and solicitor;
The legal profession 49 (i) to give gifts and scholarships and establishing and subsidize pensyarahan at the Institute of education in matters of study in relation to the law;
(j) to provide financial assistance or other assistance to any association, Institute, Board or organization in Malaysia in the interest of the legal profession or the interest of the students of the law;
(k) to provide financial assistance or other assistance to a member or former member of the Malaysian Bar and to wives, widows, children and other dependants, whether for a member, former member or deceased member who needs any assistance that;
(l) to develop good relations and social interaction among members and between members with others involved in the administration of law and justice in Malaysia;
(m) to promote, provide and maintain good relations with the professional body for the legal profession in other countries and participate in any local or international associations and become members; and (n) to establish a Compensation Fund.
(2) in addition to any other powers conferred by this Act, the Bar can be — (a) the purchase or lease of any land or building is required for any purpose of the Malaysian Bar;
(b) sell, surrender, grant, lease, Exchange or tamper with any land or building as is available is suitable or beneficial;
(c) borrow money either by way of a bank overdraft or otherwise for any purpose Bar Malaysia considers beneficial from time to time by the Malaysian Bar;
Laws of Malaysia ACT 16650 (d) make rules with respect to the way of calling a general meeting of the Malaysian Bar and setting for the meeting and the rules must be approved and may be amended by a resolution of a general meeting of the Malaysian Bar; and (e) do all other things incidental to or lead to the good purpose of achieving or increased Bar Malaysia.
(3) in addition to any other methods that may be made by them under this Act the Malaysian Bar can make rules to enforce this section.
Member of the Bar Malaysia and barrister and solicitor is a member of Bar 43. Every barrister and solicitor became a member of the Malaysian Bar without selected, inserted or appointed and continuing to be a member under this section as long as she had a valid certificate of practice.
Eligibility any member of the 44. All members who are not owed fees under section 46 are entitled — (a) to attend and vote at any general meeting;
(b) subject to section 46A, was elected a member of the Bar Council; and (c) voting in the election of a member to become a member of the Bar Council.
Loss of eligibility to become a member of 45. Any member of the Malaysian Bar when no longer qualified to be a member shall thereupon cease to be a member.
Annual fee

46. (1) The amount of the annual fee payable by a member of the Malaysian Bar shall, subject to subsection (4) and (5), prescribed from time to time by the Bar Council.
The legal profession 51 (2) in fixing the price, Bar Council of non member to divide the classes, and provides that different amount shall be paid by different classes for different periods and generally control and change from time to time the fees to be paid by the Member or by different members of the class, as it thinks fit and reasonable by the Bar Council.
(3) the Bar Council may from time to time set the levy due by members for any purpose B r Malaysia.
(4) the amount of fees payable under subsection (1), the levy payable under subsection (3) and the annual contribution payable under section 80 shall not in any calendar year more than three hundred dollars for each Member without the approval of two-thirds of the members present and voting in a general meeting of the Malaysian Bar.
(5) Liability to pay any annual fee to the Malaysian Bar starts when the fees prescribed by the Bar Council. All annual fees to Bar Malaysia shall be paid on or before 30 June each year.
(6) a barrister and solicitor, if he pays the annual fee after the date referred to in subsection (5), shall pay to the Bar Council, in addition to the fees due, an amount worth with such due fees.
Loss of eligibility to become a member of the Bar Council, Committee Lawyers, etc.
Loss of eligibility to become a member of the Bar Council, a Committee of lawyers, or any of its committees 46A. (1) a member is disqualified to be a member of the Bar Council or of a Committee of lawyers, or a member of any Committee of the Bar Council or any Committee of lawyers — (a) unless he is or has been a barrister and a solicitor for a period of not less than seven years, or for the term of the amount amounting to not less than seven years; or laws of Malaysia ACT 16652 (b) if he is a member of the Senate or House of Commons, or a member of a State Legislative Assembly, or a member of any local authority; or (c) if he holds any Office in — (i) any trade union; or (ii) any political party; or (iii) any organisation, body or group of persons who, whether or not it was established under any law, whether in Malaysia or outside Malaysia, which has the purpose or carry out activities that can be construed as the application, patterned or with political overtones, or declared by the Attorney General by order published in the Gazette as a body , body or group of persons that have the purpose or carry out such activity.
(2) an order made by the Attorney General under subparagraph 1 (c) (iii) shall not be questioned or reviewed in any court.
(3) where a member of the Bar Council or of a Committee of lawyers, or a member of any Committee of the Bar Council or of a Committee of lawyers, is disqualified under subsection (1), he shall upon such deemed to be no longer be a member thereof, and as has been clear any post he held it.
The Bar Council The Establishment Of The Bar Council Of 47. (1) for managing the Affairs of the Malaysian Bar perfectly and to carry out its functions properly under this Act shall have a Council known as the Bar Council.
(2) the Bar Council shall consist of the following: (a) President and a new Vice President for the Malaysian Bar;
The legal profession 53 (b) the Chairman of each Committee and State Bar members elected to represent each State Bar Committee pursuant to subsection 70 (7);
(c) members elected pursuant to section 50.
Tenure of Office 48. Subject to this Act, every Member of the Bar Council shall hold office for one year but shall be eligible for re-election.
The selection of members of the Bar Council Lawyer Council Election 49. (1) in every year at least one week before the October the Bar Council shall notify all members of the Malaysian Bar that nomination for selecting members of the Bar Council referred to in paragraphs 47 (2) (c) may be made and must get to Office B r Malaysia in October.
(2) every nomination of candidates for election — (a) a nomination shall be qualified to be a candidate under this Act;
(b) shall be in writing and signed by not less than three members;
(c) shall nominate only one candidate and consent shall be endorsed in the nomination.
(3) the names of candidates for selection to be named in accordance with subsection (1) shall be delivered to or deposited at the Office of the Malaysian Bar in October each year.
The Bar Council's annual selection of 50. (1) the annual Election for members of the Bar Council referred to in paragraphs 47 (2) (c) shall, subject to section 51, with postal votes. Laws of Malaysia ACT 16654 (2) the Bar Council shall be settled and airs in the first week in November every year and notify every Member of the Bar with the letters on — (a) the names of the candidates nominated for election in accordance with section 49;
(b) the number of persons that each Member is entitled to vote;
(c) is the last day for return postal votes which shall be the last day in November;
(d) the address for postal votes is returned;
(e) the names of the three examiners.
(3) the Bar Council shall also at the same time send to every Member a vote papers bearing the name of all candidates nominated under section 49.
(4) All envelopes containing paper votes received by the Bar Council shall be kept without open and must be returned to the inspector at the first working day after the last day of the month of November.
(5) the inspector shall count the votes and declare a paper to the Secretary of the Bar Council person selected not later than the first weekend in December each year and thus Bar Council Secretary shall immediately notify each State Bar Committee are those who selected such.
(6) if in no way intentionally Bar Council fails to comply with this section or any rules made in respect of the selection for the Bar Council on such matter shall not cancel a selection.
When election deemed election 51. (1) if the number of candidates nominated for election to the Bar Council only as much as required to be selected then the candidate shall be deemed to have been selected; If less, the candidate named shall be deemed to have been selected and they along with other members of the Council shall appoint some more members need to meet the requirements of paragraph 47 (2) c).
The legal profession 55 (2) if there is no nomination for election of members of the Bar Council of other members of the Bar Council shall elect twelve persons qualified to be candidates under this Act to be a member of the Council.
(3) a member of Council appointed under subsection (1) and (2) shall, for the purposes of this Act, be deemed to be members elected.
The Bar Council when established 52. Every prospective new Bar Council established under this part shall start positions at the end of the annual general meeting the first and shall hold office until the conclusion of the annual general meeting the following year.
Unexpected vacancy shall be filled by qualified person 53. (1) any contingent vacancy occurring among the members of the Bar Council selected shall be filled by the Bar Council to appoint a person qualified under this Act, and new members shall hold office for the remainder of the term of Office of the members of the replace.
(2) Notwithstanding any vacancy in the Council Member who is still a member of the Council may act provided that there are enough quorum, and no any act done by or under the authority of the Bar Council are void by reason of any defect that is found later in the election or qualification of members or any of them.
Officers President, Vice President and Secretary of the Bar 54. (1) there shall be a President, a Vice President and a Secretary of the Malaysian Bar by the Bar Council shall be elected from among its members; but no one is President, Vice President or Secretary may hold office for more than two successive years and also in the event of any unexpected vacancy in laws of Malaysia ACT 16656 post of President, Vice President or Secretary B r Malaysia, then the Bar Council shall in its meeting next year or as soon thereafter appoint one of its members to fill the vacancy.
(2) the President or, if he is not available, the Vice President, shall be the Chairman of the Bar Council and shall preside at all meetings of the Council meeting of lawyers and Bar Malaysia.
(3) if the President and Vice President both no Bar Council shall elect a Chairman from among its members.
When a member of the Bar Council to be clear positions 55. A member of the Bar Council shall vacate his Office if — (a) he had been cut from Daftarai or suspended from practice as a barrister and solicitor; or

(b) he becomes bankrupt or insolvent or enters into any composition with creditors or use or attempt to use the benefit of any law for melikuidasi assets or Affairs; or (c) he becomes of unsound mind; or (d) he resigns in the Council; or (e) he fails to attend three consecutive Council meetings without reasonable cause and the Bar Council made a resolution so he was fired from the post.
Council's power authority and Bar Council Act 56. The Malaysian Bar management and management of the money placed unauthorized hakkan, directed to be required expressly by at the Bar Council; and all power, act or legal profession 57 things not allowed, directed or required by this Act expressly so that carried out or performed by Bar Malaysia in general meeting may, subject to this Act or any rules made thereunder or any resolution passed from time to time by the general meeting of the Malaysian Bar, carried out or conducted by Bar Council : provided that no such resolution of the Bar Malaysia may revoke any powers which have been carried out or any act or thing that has been done previously by the Bar Council that may have been valid if the resolution is not approved.
Certain powers of the Bar Council 57. Without prejudice to the general power conferred by section 56 or certain powers to make rules conferred by any other provisions of this Act, the Bar Council have power — (a) make rules to provide for all matters not expressly reserved to the general meeting of the Malaysian Bar, whether the matter is stated between his authority or not;
(b) answer the questions touch on politeness and practices of the legal profession and the conduct of members;
(c) take endah of any matter touching the Bar or professional conduct of its members and bring into any general meeting of the Malaysian Bar any matter which it considers material to the Bar or to the interests of the profession and make such recommendations and take such action as it sees fit thereto;
(d) examine and if it thinks fit to report about the current law or proposed law and any other law;
(e) represents a member of the Bar of Malaysia or any part thereof or a person of certain of its members in such things as are necessary or expedient;
Laws of Malaysia ACT 16658 (f) with the prior consent of the general meeting of the Malaysian Bar, give gifts and scholarships for students of law and set the conditions for pemberiannya;
(g) appoint such officers, clerks, agents and servants to service permanent, temporary or special as he may deem fit and reasonable from time to time and specifies the obligations and their tenure;
(h) purchase, lease or otherwise acquire and equip with furniture appropriate premises for the use of the Malaysian Bar;
(i) in respect of from time to time by such other organizations and with members of the legal profession elsewhere for the purpose of obtaining and delivering information on all matters that may be beneficial or give interest to members;
(j) to start, conduct, defend, compound or abandon what legal proceedings by or against the Bar or on behalf of or otherwise in respect of the Affairs of the Malaysian Bar and compound and give time to pay or discharge any debt due or any claim or demand made by or against the Malaysian Bar;
(k) invest and manage any money Bar Malaysia from time to time in securities are permitted for the investment of trust funds by any written law;
(l) from time to time borrow or get money through bank overdraft or otherwise by issuing debentures or any other securities on the basis of all or any of the property and rights of Bar or without any such securities and upon such terms as to the priority or otherwise as it thinks fit by the Bar Council; and (m) exercising any power, privilege and discretion as not required to expressly and exclusively by this act carried out by members of the Bar in a general meeting.
The legal profession 59 58 Committee Appointments. (1) the Bar Council may appoint one or more committees for any purpose or any particular purpose as in the opinion of the Bar Council can be regulated or managed better by means of a Committee and the Bar Council may delegate to a Committee appointed in such a way, with or without restrictions or conditions, the exercise of any functions of the Bar Council.
(2) the number and the term of Office of members of the Committee appointed under this section, and the number of members necessary for a quorum, shall be determined by the Bar Council and unless specified in such numbers cannot be less than three.
(3) a Committee appointed under this section may include persons who are not members of the Bar Council.
(4) the Bar Council may not delegate to a Committee appointed under this section any of, its functions unless at least two-third of the Committee members (including the Chairman) is a member of the Council.
The right to inspect files and copy of bankruptcy proceedings 59. The Bar Council reserves the right, without paying any fees, check file bankruptcy proceedings relating to any barrister and solicitor against whom bankruptcy proceedings have been taken, and shall be entitled to be given a copy of Office or certified the proceedings by paying the usual fee applies for the copy.
The power of Bar Council received 60. (1) the Bar Council may on behalf of the Bar accepts by way of grant, gift, testamentary disposition or by any other means property or moneys to help finance or purpose Bar Malaysia upon such conditions as may be determined by the Bar Council.
Laws of Malaysia ACT 16660 (2) the register shall be kept of all donations to the B r Malaysia including the name of the donor and any special conditions with it a donation has been given.
(3) all property, money or who donated to the Malaysian Bar for any specific purpose, shall, subject to the laws relating to charitable, and administered in accordance with the purposes for which it was donated and shall be diperakaun separately.
Representation in the Court 61. Bar can be represented or be present in any court by or through any barrister and solicitor whether he is a member of the Bar Council or not.
Conduct Of The Bar Council Council Meeting 62. (1) the Bar Council may decide to call a meeting at any time and in any place and with as often as necessary, and the Chairman of the Bar Council with his will alone or with the request in writing of not less than one half of its members can call a meeting of an emergency Bar Council to consider any urgent matters.
(2) nine members present themselves in any meeting of the Council to be a quorum to conduct any business.
(3) a decision of the highest number of members of the Bar Council present and vote at any meeting of the Council shall be deemed to be the decision of the Bar Council.
(4) in any Bar Council meeting Chairman shall have the casting vote.
(5) subject to any rules B r Malaysia, the Bar Council may regulate its own commissioning and in particular about the holding of the meeting, the notice to be given of such meetings, the conduct of the meeting, keeping and care, the production and inspection of such minutes.
The legal profession 61 63 member Expenses. No fees may be paid to any member of the Bar Council but travel expenses incurred by a member in respect of the Affairs of the Bar can be been reimbursed to him from the Malaysian Bar Fund.
General meeting of the Malaysian Bar AGM 64. (1) the Bar Council shall each year call an annual general meeting of the Malaysian Bar to be held before April 1.
(2) the Bar Council shall cause to be prepared and submitted to the annual general meeting — (a) a report on the activities of the Malaysian Bar during the period of his Office; and (b) proper accounts, audited accounts properly, for all the money, property and assets of the Bar for the twelve months ended December 31 prior to the general meeting only.
General meeting 65. (1) the Bar Council may convene a general meeting of the Malaysian Bar in addition to the annual general meeting at any time difikirannya expedient or necessary.
(2) any fifty Malaysian Bar members can at any time ask held a general meeting with a written notice in that behalf signed by them and delivered to the President, Vice President or Secretary of the Malaysian Bar; and the Bar Council shall call a general meeting to be held within thirty days after the notice is served.
(3) the notice shall state the purpose of the proposed meeting.
Laws of Malaysia ACT 16662

(4) If the Bar Council does not call the general meeting in accordance with the request within thirty days after the request is delivered, the Member who asked for the general meeting held may call the general meeting within sixty days after the delivery.
(5) where any member of the Bar Malaysia intends to propose a motion to be considered in the annual general meeting or other general meeting will be called under this section, he shall be not less than seven days before the date of the meeting the proposal serve notice in writing to the Secretary B r Malaysia.
Vote 66. (1) At every general meeting other than an annual general meeting, every Member present shall have one vote and the Chairman of the meeting shall have a casting vote.
A quorum of 67. (1) the quorum for a general meeting of the Malaysian Bar is a fifth of the total number of members of the Malaysian Bar and or any number of more as provided under any rules made pursuant to paragraph 42 (2) (d); and there are any business can be carried out in a general meeting unless there's enough quorum when the meeting acts running its affairs.
(2) any general meeting, whether called at the request of pursuant to subsection 65 (2) or is called pursuant to subsection 65 (4), shall be dissolved if there is no quorum within half an hour from the time appointed for holding the meeting.
(3) any question of a general meeting of the Malaysian Bar shall be decided by the votes of not less than two-third of the number of members present and voting.
The legal profession Committee 63 Bar — Bar the Confederate State Bar Committee 68. (1) in this section — "a combination of Bar" means a State Bar that combines all members in any two States or more and are recognised as such under section 69.
(2) for the purposes of this part, a member of the Bar of the State deemed to be practicing in a State if he usually practice in the State. Opinion of the Committee B r State is prima facie evidence that the Member usually practice in the State.
(3) a member can usually practice in more than one State and all members who practice in the Federal District shall be deemed to be members of the Bar of the Selangor State.
(4) members practicing in Kuala Lumpur Federal territory shall be entitled to set up a separate bar for the Federal territory of Kuala Lumpur known as the Bar of Kuala Lumpur. The decision to hold a separate b r shall be made by majority vote of the members present at a general meeting called for this purpose.
(5) at the time of the establishment of Kuala Lumpur Bar any Member who has paid the annual fee for the calendar year to the Selangor Bar Committee is not required to pay another annual fee for the same year to Kuala Lumpur Bar Committee.
(6) the assets of the Bar of the State of Selangor, frequently known as B r Selangor and the Federal territory, shall, upon the establishment of Bar Kuala Lumpur, divided between B r State of Selangor with Bar Kuala Lumpur according to their respective membership rates in the previous combination of Bar membership.
Laws of Malaysia ACT 16664 Combination member as Bar State 69. A combination of any of the ten members or more in a State or a combination of any of the ten members or more in two or more States for the purpose of part IV of the Ordinance shall be recognized as a State Bar for the purposes of this Act provided that not less than ten people from the members representing the State Bar has been practicing in the State or States during the relevant period of twelve months immediately before the coming into operation of this Act.
State Bar annual general meeting 70. (1) before 1 March each year, the Secretary of State shall call each Bar all State Bar members to an annual general meeting to be held in that month at the time and place to be determined by him. Only members of the Bar of the State alone is entitled to attend and vote at the meeting.
(1A) the Committee of the State Bar shall cause prepared and laid before the annual general meeting — (a) a report on the activities of the State Bar during the period of his Office; and (b) proper accounts, duly audited, for all moneys, property and assets of the State Bar for the twelve months ended December 31 prior to the general meeting only.
(2) At each annual general meeting, the Chairman of the State Bar shall preside at the meeting and if he is not present, the most senior member who is willing to be convocations and a quorum is one third of the total number of members of the State Bar. If there is no quorum within half an hour from the time appointed for holding the meeting, the meeting shall be adjourned to the same day in the following week at the time and in the same place unless notified otherwise by a member of the Committee of the State Bar.
The legal profession 65 (3) any question in the meeting shall be decided by the votes of not less than two-thirds of the number of members present and voting and a member who chaired the meeting shall have a casting vote.
(4) the meeting shall elect from amongst the members of the State Bar is a Chairman and not less than four and not more than six members to be a State Bar Committee.
(5) the Chairman and members of the Committee who selected such shall hold office until the conclusion of the annual general meeting that State Bar the next.
(6) every Committee B r State shall appoint a Secretary who shall be a member of the State Bar.
(7) after the State Bar Committee meeting shall elect a member of the State Bar (which need not be members of the State Bar Committee) to represent the State Bar in the Bar Council: provided that if the Chairman of the Committee B r State selected pursuant to subsection (4) was also President or Vice President of the Malaysian Bar, the meeting shall elect two members instead of one under this subsection.
(7A) If for any reason a member elected under subsection (7) clear positions, the State Bar Committee shall elect a member of the other Bar that State to take its place and Member so appointed shall hold office for the remainder of the term of Office of the members of the replace.
(8) the Chairman of Committee B r State should notify the Registrar and Secretary of the Malaysian Bar on the name of the person selected and appointed respectively as the Chairman, the members and Secretary of the State and r B name of the person selected as a representative of the Bar in the Bar Council.
(9) the Secretary of the Malaysian Bar should be in October in each year submit to the Assistant Registrar in each State a list of all representatives are elected to represent the State Bar in the Bar Council; and that list will be held for inspection by all members without charge.
Laws of Malaysia ACT 16666 general meeting State Bar a.70A. (1) every State Bar Committee may convene a general meeting of the State Bar in addition to the annual general meeting at any time it deems necessary or expedient by the Bar.
(2) a quorum in every such meeting shall be one-third of the total members of the State Bar.
(3) any ten members of the State Bar or one-third of the number of members of the State Bar whichever is greater may at any time request a general meeting by written notice in that behalf signed by them and delivered to the Chairman or Secretary of the Committee of the State Bar and the B r that State shall call a general meeting to be held within thirty days after the notice is served.
(4) the notice shall state the purpose of the proposed meeting.
(5) If the State Bar Committee cannot convene a general meeting in accordance with the request within thirty days after the request is delivered, members request a meeting that could call the general meeting within sixty days after the request is delivered.
(6) any general meeting called under subsection (3) or (5) shall be dissolved if there is no quorum within half an hour from the time appointed for holding the meeting.
(7) At every general meeting every Member present has one vote and the Chairman of the meeting has a casting vote.
(8) any question in the meeting shall be decided by not less than two-thirds of the members present and voting.
The legal profession 67 Separation combined Bar 71. (1) if the number of members in each State to establish a combination Bar more than ten, a member of the Bar of a State can, in any general meeting called for that purpose, to pass with the votes of the members present and voting a resolution so that the combination of the separated Bar.
(2) one month after the resolution is approved, the combined Bar shall be separated, and each Member State set up a combination of Bar must then establish a separate State Bar.
(3) the Chairman of the meeting referred to in subsection (1) shall promptly report the approval of any resolution to the Registrar and to the Bar Council.

(4) If the number of members in one of the States to establish a combination Bar not more than ten, a member of the Bar of that State can separate themselves from members of the Bar for the other State that if — (a) the number of members in other States that more than ten; and (b) a member of the Bar for the first State mentioned have gotten an other State Bar members have indicated their wish to vote more voice members in a general meeting to join with members of the Bar for the first State mentioned.
(c) (Cut by the Act A567).
(5) subsection (2) and (3) shall apply mutatis mutandis for the separation of a combination Bar made pursuant to subsection (4).
(6) if the separation takes place in accordance with the provisions of this section, the assets of the previous combination (s) shall be divided into Bars as provided in subsection 68 (6) mutatis mutandis.
Laws of Malaysia ACT 16668 State Bar Committee meetings 72. (1) Each State Bar Committee shall meet at the time and at the place determined by the Chairman.
(2) each Committee of the State Bar shall regulate the commissioning in such manner as it thinks fit; except that kuorumnya shall not be less than three members present: provided that a resolution of the distributed and signed by not less than three members or to all members that are in Malaysia as the case on the date of the resolution lulusnya shall be deemed to have been approved at a meeting of the State Bar Committee held perfectly.
The Power Of The State Bar Committee 73. Each Committee of the State Bar has the following powers — (i) to melevi fees of its members in any one year an amount not exceeding one hundred dollars from each member unless agreed by the State Bar Committee in its annual general meeting that the fees should be more than one hundred dollars; and fees shall be paid each year to the Committee B r State by each barrister and solicitor on or before 30 June;
(ii) to develop and safeguard the interest of advocates and solicitors who are members of the State Bar;
(iii) appropriate to appeal to the Malaysian Bar in respect of matters of State Bar;
(iv) to serve and manage things from time to time referred to him either in general or in particular by the Bar Council or B r States in a general meeting;
(v) to provide facilities for and generally to advance the welfare of members of the Bar of the State;
The legal profession 69 (vi) to investigate and take action on any complaints about the conduct of a person is a barrister and solicitor on his professional nature or about the conduct of any trainee or clerk berartikel under part VII;
(vii) to select as members of the Committee that no more than two members of the State Bar does not have voting rights in any meeting of the Committee.
Fees are not allowed to be paid to the State Bar Committee 74. There are no such fees may be paid to any member of the Bar of the State, except for any travel expenses incurred by a member of the Committee B r State. The expenses can be with the agreement of the State Bar Committee to members that been reimbursed from the funds of the Committee.
Unexpected vacancy 75. (1) any unexpected vacancy in State Bar Committee shall be filled by a member of the State Bar Committee that still sits with appointing a member of the Bar of the State in question and a member of such appointed shall hold office for the remainder of the term of Office of the members of the replace.
(2) Notwithstanding any vacancy in the Committee of the State Bar Committee member is still a member can act if enough quorum; and there are no any act done by or under the authority of Committee B r States are void by reason of a defect that is found later in the election or qualification of members or one of them.
General Council member of the Committee shall be published in the Gazette 76. (1) the name of a member of the Bar Council and the name Secretary B r Malaysia and the names of the Chairman and the members of the Committee of the State Bar and the name of the laws of Malaysia ACT 16670 Secretary appointed by them, including the name of any person appointed to fill a vacancy shall be published in the Gazette.
(2) unless and to the extent necessary for the purpose of enforcing any resolution passed or decisions made, confidentiality must be preserved in all proceedings conducted by the Bar Council, the Committee of the State Bar, * the investigation Committee and its staff.
PART VI practice, POLITENESS, CONDUCT and DISCIPLINE of PROFESSIONAL BARRISTER and SOLICITOR and CLERK Power make rules regulating the practice, etc.
77. (1) without prejudice to any other powers to make rules provided for under this Act, the Bar Council may, with the approval of the Attorney General, make rules for regulating the practice, politeness, conduct and discipline of professional advocates and solicitors.
(2) any rules made pursuant to this section may not come into force until it has been published in the Gazette.
(3) any barrister and solicitor who fails to comply with any rules made under this section may be subject to disciplinary proceedings.
(4) the Attorney General may, by order published in the W rta, may make any modifications as it may deem necessary to any of the rules made and published under this section before the commencement of this subsection.
Power make rules specific 78. (1) the Bar Council may make rules — (a) provide for the opening and keeping an account in the bank by a barrister and Solicitor for the client's money;
* NOTE — see entry on "Disciplinary Committees" or "Investigation Committee" in paragraph 33 (1) (d).
The legal profession 71 (b) provides the storage by a barrister and solicitor are accounts containing particulars and information as to money received, held or paid by them for or on behalf of their clients; and (c) empower the Council to take appropriate action to enable it to determine whether the rules are adhered to or not.
(2) the Bar Council shall also make rules — (a) provide for the opening and keeping of by every advocate and solicitor who became a sole trustee, or who become the Trustees together with one or more partner, clerk or pekhidmatnya will be an account in a bank for the money of any trust for which he is a trustee of the sole or joint trustee;
(b) provide for the opening by every barrister and solicitor is to be the account that contains the details and information about the money received, held or paid by him for or on behalf of any such trust; and (c) empowers the Bar Council to take any action necessary to enable it to determine whether the rules are adhered to or not.
(3) (a) the rules made under this section shall make provision for requiring a person advocates and solicitors, in any case may be prescribed by the rules, either — (i) save the deposit in a separate account in a bank for the benefit of client money received for or on behalf of the client if the client is someone asking such; or (ii) pay to the client with the same amount of its own money in abundance with flowers that may have accrued if such money has been deposited in a deposit.
Laws of Malaysia ACT 16672 (b) except as provided by any rules made pursuant to this section, a person is a barrister and a solicitor shall not be liable by reason of the relationship between a barrister and solicitor with the client memperakaunkan to any client interest received by him for money deposited in a bank, namely, moneys received or held for or on behalf of his client in General.
(c) there is nothing in this subsection, or in any rules made pursuant to this section, shall be — (i) touch an arrangement in writing any whatsoever has been made, between a person is a barrister and solicitor with his client about the use of the client's money or the interest;
(ii) apply to the money received by a barrister and solicitor, namely the money subject to a trust he holds his trust.
(4) any rules made pursuant to this section may not come into force until it has been published in the Gazette.
(5) disciplinary proceedings may be taken against any barrister and solicitor who fails to comply with any rules made under this section.
(6) in this section, the word "trust" and "trustee" includes an implicit trust and constructive trust and covers cases in which a trustee has an interest on the assets of the trust beneficiaries and covering obligations incidental to the Office of a personal representative, and "trustee" If context lines allow, including a representative of themselves.
Power to make rules regarding professional indemnity 78A. (1) the Bar Council may, with the approval of the Attorney General, make rules in respect of the recruitment of professional indemnity for advocates and Solicitors for any professional liability classes and methods that can be for the legal profession 73

the purpose of convening a indemnity that do all or any of the following: (a) empowers the Bar Council to take and maintain insurance on behalf of the Malaysian Bar with any person permitted by law to carry professional liability insurance business insurance business or loss of money and covers every barrister and solicitors practice;
(b) empowers the Bar Council to establish and maintain a Fund for the purpose aforesaid; or (c) require a barrister and a solicitor take and maintain insurance.
(2) without prejudice to the generality of subsection (1), rules made under this section shall — (a) determine the terms and conditions upon professional indemnity are possible;
(b) provide for the management, administration and protection of any fund established under subsection (1) and require a barrister and solicitor making payment to any such fund;
(c) require a barrister and solicitor making payment by way of premium on any policy taken under subsection (1) and provide for proceedings by the Bar or their insurance companies against any barrister and solicitor who fails to do so to get the premium concerned;
(d) prescribing the conditions that must be met by a policy of insurance for the purposes of paragraph (1) (c);
(e) empowers the Bar Council to determine the amount of any payment required by the rules;
Laws of Malaysia ACT 16674 (f) specify the circumstances where a barrister and solicitor has failed to comply with the rules, the proceedings in respect of any sum of money paid through indemnity may be taken against him by the Bar or their insurance companies;
(g) prescribing that a barrister and solicitor is not entitled to an annual Certificate unless he has taken insurance as required by the rules for the period relating to the Annual Certificate;
(h) provide power to the Bar Council to take such steps as he considers necessary or expedient to determine and ensure that the rules are complied with; and (i) contains any provision of a code, incidental or others as may be deemed necessary or expedient for the purposes of the rules.
(3) no nothing in this section shall affect the right of any solicitors and advocates, in addition to the indemnity provided for in rules made under this section, to insure itself further against any loss arising as a result of any claims which may be instituted against him.
(4) any rules made under this section shall not be effective until it has been published in W rta.
Advocates and solicitors shall deliver the accountants report 79. (1) every advocate and solicitor shall, unless exempted by the Bar Council, submit to the Secretary of the Malaysian Bar with every application made by it for an Annual Certificate a report signed by an accountant, called "reporting accountants" in this section.
The legal profession 75 (2) of the accountants Report shall — (a) state that the Accountants on compliance with this section and any rules made thereunder have examined the books, accounts and documents a firm of advocates and lawyers that way for any accounting period specified in the report;
(b) state whether the accountants are satisfied or not, of its inspection will books, accounts and documents submitted to it and from the information and explanations given to him, that within the accounting period the barrister and the solicitor or his firm has complied with any rules made under subsection 78 (1);
(c) stating, if the accountants are not satisfied, the matter in respect of which he is not satisfied that;
(d) contain any information that may be prescribed by rules made by the Bar Council under this section; and (e) be submitted to the Secretary of the Malaysian Bar no more than twelve months (or such other period as may be prescribed by rules made under this section) after the end of the accounting period specified in the report.
(3) subject to any rules made under this section, the accounting period for the purpose of reporting accountants is — (a) from the end of the accounting period a new past for which a report was submitted or accountants from the date of a barrister and solicitor start practice, as the case may be;
(b) cover not less than twelve months;
(c) the expiration of not more than twelve months before the date of the report submitted to the Council; and (d) if possible, in accordance with paragraph (), (b) and (c), equivalent to a period or successive periods for which account advocate and solicitor or his firm usually available.
Laws of Malaysia ACT 16676 (4) in this section "accountant" means an approved company auditor as defined in the companies Act 1965 [Act 125]. If in any particular case there is no approved company auditors ' practice in the State where the person is a barrister and solicitors usually practise and the Bar Council is of the opinion that by reason of difficulty or expense involved in acquiring approved company auditors from abroad it is not reasonable to expect a barrister and solicitor will obtain its services Where possible, the Bar Council approve any other auditor in his mind are eligible for the purposes of this section.
(5) the Bar Council shall make rules to enforce this section and without prejudice to the generality of the above rules shall specify the nature and extent of the checks to be made by the accountants are books and accounts of the firm someone advocates and solicitors and any other supporting documents with a view to prepare a report to be submitted by a barrister and solicitor under this section.
(6) any other method that may be including provision for — (a) allow in any special circumstances defined in the rules of a different accounting period from that specified in subsection (3); and (b) regulate any matter of procedure or matters incidental, or related or who become additions to this section.
(7) any rules made by the Bar Council under this section may not come into force until it has been published in the Gazette.
(8) any barrister and solicitor who fails to comply with this section or any rules made thereunder shall be liable to disciplinary proceedings.
The legal profession 77 Compensation Fund 80 Compensation Fund. (1) Bar Malaysia shall maintain and administer in accordance with this section a fund known as the "Compensation Fund".
(2) every advocate and solicitor shall at all time he applied for a certificate of Annual pay at Bar Malaysia a contribution as much as determined by Council from time to time and Bar Malaysia shall pay the contributions to the Fund: provided that a person is a barrister and solicitor seeking Annual Certificate are required to pay only half of the contribution is determined if such practice which he intends to apply the valid for less than six months.
(3) Bar Malaysia may invest any moneys of the Fund that is not immediately required for any other purpose and, for the purposes of this section, the Bar is has all the powers of the trustees under any written law.
(4) Bar can be for the purpose of the Fund borrow from any lender and may charge any investments the Fund as security for the loan.
(4A) the Bar Council, for any purpose Bar Malaysian Bar Council considers appropriate, can borrow money from the Fund, and in respect of any money borrowed it, shall pay interest to the prime rate set by the Association of Banks in Malaysia, applicable from time to time.
(5) Bar Malaysia can take insurance to the Fund from any insurance business registered in Malaysia for any purpose and with such terms as he thinks expedient by the Malaysian Bar.
Laws of Malaysia ACT 16678 (6) shall be carried to the credit of the Fund — (a) all annual contribution paid to B r Malaysia pursuant to subsection (2);
(b) all interest, dividends and other income or capital arising from the investment of the Fund;
(c) revenue from sale of any investments of the Fund;
(d) all money borrowed for the purpose of the Fund;
(e) all moneys received by the Bar under any insurance taken by Bar under subsection (5); and (f) any other money that may be owned by or accrued to the Fund or may be received by the Bar Council in respect of the Fund.
(7) all monies from time to time become part of the Fund and all investments of the Fund shall be applied —

(a) to pay any costs, charges and expenses of setting up, maintaining and administering the Fund;
(b) to pay any costs, charges and expenses the Bar Council on determining whether the rules made under section 78 has been complied with, in accordance with the powers conferred by the rules;
(c) to pay any premium for insurance taken by Bar under subsection (5);
(d) to repay any money borrowed by the Malaysian Bar and to pay interest in respect of any such moneys borrowed;
(e) to pay any grant that may be made by the Malaysian Bar under subsection (8); and (f) to pay any other money payable out of the Fund by virtue of this section.
The legal profession 79 (8) If it is proved to the satisfaction of the Bar Council that any people have incurred a loss as a result of dishonesty on the part of a person is a barrister and solicitor or a clerk or perkhidmat a person is a barrister and solicitor in respect of the practice of barrister and solicitor is in Malaysia as a barrister and solicitor, or with respect to any trust for which the barrister and solicitor is a trustee then subject to this section, the Malaysian Bar, if the Bar Council thinks fit and reasonable, shall make a grant to that person from the Fund for the purpose of providing assistance and alleviate the losses.
(8A) where in any year there is no application is made to get the provision out of the Fund or no grants made from the Fund, the Bar Council in its discretion may transfer out of the Fund all interest, dividends and other capital increase arising from the Fund, or any part thereof, to the Bar of Malaysia which was established for the purpose of obtaining or maintaining a library for use by members of the Malaysian Bar.
(9) a grant may be made under this section whether or not a barrister and solicitor practising certificate that has a valid at the time of the Act of cheating is done, and even then of the act done advocates and solicitors of the dead or the name was removed or cut from Daftarai or no longer practice or has been suspended from practice.
(10) where any grant made by the Malaysian Bar under this section to any person in respect of any loss — (a) Bar Malaysia shall to the extent of the amount of the grant disuborgasi to all rights and remedies that might be on the person to whom the provision made against advocates and solicitors, clerks or the perkhidmat in respect of the loss;
(b) the person to whom the grant is made does not have any rights in the manner of bankruptcy or any other legal proceedings or otherwise to receive any money from the assets of the advocates and the laws of Malaysia ACT 16680 solicitors, clerks or the perkhidmat in respect of the losses until the money has been reimbursed by the full amount of the grant.
(11) References in paragraph (10) (a) and (b) on the person to whom the grant or about made advocates and solicitors, clerks or servants shall be included, if he died, insolvent or in others, a reference to personal representative or any other person having authority to administer his property.
(12) the Bar Council may make rules with respect to the procedure to be obeyed in the enforcement of this section and in respect of any matter incidental to, or in connection with or be in addition to this section or with respect to the administration or security of the Fund.
(13) the income obtained from the Compensation Fund are exempted from income tax and all other taxes, and the Fund is an institution approved for the purposes of section 45 of the income tax Act 1967 [Act 53] and payments to it is appropriate for the purposes of the deduction of income tax in calculating the aggregate income of the person who made the payment for the year concerned.
Barrister and solicitor cannot act as Commissioner or notary without certificate of 81. No one's been a barrister and a solicitor which is a Commissioner for oaths or a notary public can do any act as notary or Commissioner, as the case may be, unless he has a valid certificate of practice.
Advocates and solicitors willfully and knowingly acting as agent of 82. (1) No person been a barrister and a solicitor can willfully and knowingly acted as agent in any type of legal proceeding or in any matter that under this Act can only be done by a legal profession 81 barrister and solicitor who has a valid certificate of practice to a barrister and solicitor of the other does not have a valid certificate of practice or permit his name used in any proceedings or the matter on behalf of or for profit advocate and solicitor of the other or send any process to a barrister and solicitor of the other or do any other Act which enabled the barrister and solicitor is present, Act, practice or do something purporting to practice as a barrister and solicitor in any proceedings or the matter.
(2) No barrister and solicitor may give power to someone who is not authorized to handle any bank account (s) or the name of his firm and maintained by him or by his firm with respect to practice as a barrister and solicitor.
(3) any barrister and solicitor who has acted in contravention to subsection (1) or (2) may be subject to disciplinary action.
(4) any person not authorized that act or practice or do something as a practice as a barrister and solicitor commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Barrister and solicitor may not use the services of a bankrupt that has not been released 83. (1) No barrister and solicitor may, in relation to the practice, without the consent of the Court obtained upon an application submitted by the originating summons be served on the Attorney General and the Malaysian Bar, use the service or support any person that he know is a bankrupt that has not been discharged or that — (c) has been cut from Daftarai apart on his request in any part of Malaysia or Singapore or elsewhere and still terpotong;
Laws of Malaysia ACT 16682 (b) has been suspended from practice as a barrister and solicitor in any part of Malaysia or Singapore or elsewhere and still hanging;
(c) has been convicted of an offence involving dishonesty or fraud or has been found guilty of an offence under the prevention of corruption Act 1961 [Act 57];
(d) has been convicted of an offence under section 15A Minor Offences Act 1955 [Act 336] or under this Act;
(e) is one in respect of which an order has been made under subsection (2); or (f) use the service as a public officer: provided that paragraph (f) shall not be applicable to any public officer who is a barrister and solicitor or qualified person.
(2) on application made by or on behalf of the Attorney General or the Malaysian Bar, the Court may make an order directing that, with effect from a date to be specified in the order, no person been a barrister and solicitor may be in respect of practice using the service or support any person who — (a) has become a party in any act or default someone advocates and solicitors in respect of which a complaint has or may have to be made against him under the Act This; or (b) have behaved in such a time use the services of an advocate and solicitor to, if he has become an advocate and solicitor, of his actions that may have been a matter of a complaint against him under this Act.
(3) every application under subsection (2) shall be delivered within a period of not less than ten days before the application is heard to the person in respect of which it is made and to his employer or his employer that former is a barrister and solicitor.
The legal profession 83 (4) every order made under subsection (2) shall be filed in a file that is required to be kept for this purpose by the Registrar and that the file may be inspected by any barrister and solicitor without the fee.
(5) before a person is a barrister and a solicitor to use service or support any person (other than a barrister and solicitor or qualified person) with respect to practice as such, he shall ask the person makes a statutory declaration stating that he is not a bankrupt that has not been released and that he did not fall within the class of persons described in paragraph (1) (a) to (f) and that it's not one in respect of which an order has been made under subsection (2).
(6) any of the barrister and solicitor acting in contravention with this section may be subject to disciplinary proceedings.

Barrister and solicitor acting on behalf of housing developers cannot act on behalf of buyers in the housing development 84. (1) where a barrister and solicitor acting on behalf of a developer of housing in a sale of immovable property which was developed under a housing development whether he or any member or Assistant of the firm of which he was one of its members either as a partner or employee shall not in the course of acting on behalf of the purchaser of the property, and a written agreement prepared by a barrister and solicitor or any member or Assistant firms acting on behalf of the developers in respect of the arrangement shall be examined thoroughly by a barrister and solicitor acting on behalf of the buyer: provided that if any written agreement with respect to the arrangement are not inspected thoroughly by a barrister and solicitor acting on behalf of the buyer, the barrister and solicitor acting on behalf of the housing developer shall obtain a certificate signed by the purchaser indicates that the buyer is not intended to be assigned an advocate and solicitor to be examining closely on his behalf will the deal.
Laws of Malaysia ACT 16684 (2) for the purposes of this section a certificate is not valid unless it is signed by the Buyer before a Commissioner for oaths who is not a barrister and solicitors practice in partnership with, or as an employee of the barrister and solicitor acting on behalf of the housing developers.
(3) developers and buyers shall each pay fi advocates and lawyers their own right.
(4) in subsection (1) — (a) the term "housing development" has the meaning assigned to it in the * Act housing development (control and licensing) Act 1966 [Act 118]; and (b) "sale of immovable property" includes a grant of a lease for a term of more than three years.
(5) subsection (1) without prejudice to any law affecting a barrister and solicitor acting on behalf of the parties if there is a conflict of interest or when a conflict of interest may arise.
(6) a barrister and a solicitor acting in contravention to subsection (1) shall be liable to disciplinary action proceedings.
(7) subsection (1) shall not apply to any transaction if the contract for sale was made before the commencement of this Act.
The Registrar shall maintain the register of the names of 85 firms. (1) the Bar Council shall maintain a register of the firm name under which advocates and solicitors practice. No name firm can be registered or be deducted from the check without a certificate from the Bar Council. The Bar Council can reject a certificate for registration on the grounds that the proposed firm name may be deemed equal to a firm name that has been registered or likely to mislead the public. A person is a barrister and solicitor who is dissatisfied with the decision of the Bar Council may appeal to the High Court and the decision of the High Court shall be final.
* NOTE — Formerly called "Act housing developers (control and licensing) Act 1966" – see A1142 Act.
The legal profession 85 (2) No person shall practise as a barrister and solicitor in the name of which is not — (a) his own name;
(b) the name of a barrister and solicitor who became or has become his partner;
(c) the name of the previous practitioner reputation they have earned by him or by his partner;
(d) any one or a combination of the name set out in paragraph (a), (b) and (c).
(3) in any case where a name that complies with subsection (2) shall not be registered without contravening subsection (1) that person can practice under any of his names approved by the Bar Council.
(4) a barrister and a solicitor acting in contravention to subsection (3) may be subject to disciplinary proceedings.
(5) the Bar Council shall, at the request of partners who practice under a name of firm, and may, if it is satisfied that no person shall practice under that name, removing a name from the register of firms.
If there is a relationship of solicitor client 86. (1) if any, or has any, contact a barrister and solicitor with the client, may be issued a summons by the client or by his/her representative so that handed over cash account, or paid money, or deposited securities.
(2) the Court or a judge may order a person advocates and solicitors that deliver to the applicant a list of money or securities is in his custody or control on behalf of the applicant, or bring into court of all or any part thereof, within the time ordered by the Court or the judge.
(3) where a barrister and solicitor is saying that he has a claim for costs, the Court or Judge may make such provision as he deems fit and reasonable for payment thereof or its security or to protect lien advocates and lawyers that way, if any.
Laws of Malaysia ACT 16686 If money payable by advocates and solicitors to clients 87. (1) If, within the fixing of any bill of costs or calculation of any account between a barrister and solicitor with the client, the Registrar is of the opinion that there is money to be paid by advocates and solicitors to clients the Registrar may make a temporary certificate of amount due so by a barrister and solicitor.
(2) when the certificate is filed the Court or Judge may order such certified money paid off immediately to clients or brought into court.
The controls property of a barrister and solicitor who is at fault, etc.
88. (1) the Bar Council, if it has reasonable cause to believe that a barrister and solicitor, or a clerk or servants someone advocates and solicitors, was guilty of dishonesty in connection with the practice of solicitors and lawyers that way as a barrister and solicitor or in connection with any trust that advocates and solicitors become a trustee , may issue a certificate for that purpose and therefore schedule to this Act, with the exception of paragraph 7 of the schedule, shall apply in relation to solicitors and lawyers that way.
(2) if the name of a person is a barrister and solicitor is removed from the Daftarai or if someone advocates and solicitors suspended from practice, shall he within twenty-one days from the date of a material that satisfies the Council that he has made the appropriate arrangements to hold to his client or to a barrister and solicitor or barrister and solicitors instructed by his client or by himself — (a) all deeds of wills , documents that become or prove ownership of any property, papers, books of accounts, records, vouchers and other documents in the possession or control or in the possession or control of his firm, or with respect to any trust the legal profession 87 for him he is a sole trustee or trustee together with a partner, clerk or pekhidmatnya or more than one person; and (b) all money payable by him or by his firm to his client or held by him or by his firm on behalf of his client or subject to any trust as aforesaid.
(3) if he fails to provide satisfactory evidence of the Bar Council, the table shall apply thereto.
(4) in subsection (2), the expression "the material date" means the date on a date between once the following — (a) the date when order * disciplinary committee or court order the with it or which name of a barrister and solicitor is removed or cut, from Daftarai or a barrister and solicitor is suspended from practice, will come into operation;
(b) the date of the end of an appeal against the order in paragraph (a) may be made;
(c) the date of an appeal under paragraph (b) rejected or abandoned;
(5) in this section and in the table, the word "trust" and "trustee" has the same meaning as in subsection 78 (6).
Suspension of a barrister and solicitor from practice 88A. (1) where a barrister and solicitor — (a) was found guilty by a Court of law of an offence involving dishonesty, misuse of money his client or dishonesty against a client or in respect of any property belonging to the client;
* NOTE — see entry on "Disciplinary Committee" or "Investigation Committee" in paragraph 33 (1) (d).
Laws of Malaysia ACT 16688 (b) has been fired, the cut of Daftarai, suspended from practice or dicela on its properties as a practitioner of law in any other State;
(c) in respect of whom a complaint is made against him to the Bar Council about any act dishonestly done on its properties as a barrister and solicitor;
(d) have left the country or is not present in his Office, in circumstances which the Bar Council can consider with its reasonable that he had fled; or (e) otherwise helpless, because of the weakness of body or mind or for any other reason, to carry out effectively its functions as a barrister and solicitor,

and the Bar Council thinks that in the public interest or in the interest of his client or the profession of barrister and solicitor is suspended from practice, the Bar Council may apply through summons ex parte to a judge for an order to suspend the barrister and solicitor from practice until further order is given.
(2) the Chief Judge may order the application communicated to the barrister and solicitor is.
(3) if the Chief Judge is satisfied that a barrister and a solicitor should be suspended from the practice of the Chief Judge may make an order for that purpose up to made any further court orders.
(4) advocates and solicitors that within one month after the order is made may appeal against such order to the Federal Court that the Federal Court's decision shall be final.
(5) no order may be suspended its implementation pending appeal.
The legal profession 89 (6) unless the order diakaskan on appeal, subsection 88 (2) and (3) shall apply mutatis mutandis for the barrister and solicitor may be; and for the purposes of subsection (4) of section the phrase "meterial date" means the date of the order.
(7) the Bar Council as soon as the can shall refer a complaint against a barrister and solicitor in question to the Disciplinary Board.
Take possession of the documents in the possession of a barrister and solicitor 89. (1) where — (a) a complaint is made to the Bar Council that there have been delays on the part of a person should not be a barrister and solicitor in respect of any matter that he or his firm was instructed on behalf of a person client or any matters relating to the administration of a trust for which a barrister and solicitor is sole trustee or trustee together with one or more of the partners , a clerk or pekhidmatnya;
(b) the Bar Council has by notice in writing invite barrister and solicitor is to provide clarification in respect of the matter;
(c) a barrister and solicitor has been, in not less than twenty-one days specified in such notice, does not provide explanations on the Bar Council's mind enough and satisfy in respect of the matter; and (d) a barrister and solicitor has been notified in writing by the Bar Council that he did not give the explanation, the schedule to this Act, in addition to paragraph 7, shall apply in relation to a barrister and solicitor, but with respect to the documents mentioned in paragraph 1, and the sum specified in paragraph 9, the schedule, only in so far as it is in relation to the matters complained of : provided that for the purposes of the proviso to paragraph 6 of the schedule, the Bar Council can make a copy of, or extract the laws of Malaysia ACT 16690 from, documents relating to the matter complained of or by the matter and with other things in practice advocates and lawyers that way.
(2) in this section, the word "trust" and "trustee" has the same meaning as in subsection 78 (6).
Take possession of the property in the possession of a barrister and solicitor if he is a bankrupt that has not been released, etc.
90. (1) where a barrister and solicitor practicing in his own name or as a barrister and solicitor on a single firm name and — (a) he is a bankrupt that has not been released or an order acceptance in bankruptcy is currently in effect against him;
(b) he has made a composition with his creditors or a deed of arrangement for the benefit of his creditors;
(c) an order komital or an order that a writ of detention issued have been made thereto; or (d) he is a person who is sick of the brain or the patient as defined by the * Mental Disorders Ordinance 1952 [Ord. 31/1952], and the Bar Council or Committee of the State Bar there is reasonable cause to believe that by reason of an act of default or inability of a barrister and solicitor or any clerk or pekhidmatnya — (i) there have been delays should not be in respect of any matter which is a barrister and solicitor or his firm was directed on behalf of the client on a person any matter in relation to the administration of a trust for which a barrister and solicitor is sole trustee or trustee together with one or more than one clerk or pekhidmatnya; or * NOTE — this Ordinance will be repealed and replaced by the Mental Health Act 2001 [Act 615] when it comes into operation – see section 93 of the Act 615.
The legal profession 91 (ii) any sum of money payable by a barrister and solicitor or his firm to his client, or held by him or his firm on behalf of his client or subject to any trust for which he is a trustee of the sole or joint trustee as aforesaid in danger while in the control or possession of a barrister and solicitor or his firm , a schedule to this Act, in addition to paragraph 7, shall apply in relation to a barrister and solicitor is: provided that for the purposes of the proviso to paragraph 6 of the schedule, the Bar Council can make a copy of, or extract from, documents in relation to any matter referred to in subparagraph (i) of this section or of any sum referred to in subparagraph (ii) of this section or with the subject or the amount of money , as the case may be, and with other things in practice advocates and lawyers that way.
(2) in this section the word "trust" and "trustee" has the same meaning as in subsection 78 (6).
Personal representatives are liable for the acts of a barrister and solicitor of the 91. (1) where — (a) the Bar Council have reasonable cause to believe that the personal representatives of a barrister and solicitor who has died and who immediately before his death has been practicing as a barrister and solicitor in his own name, or as a barrister and solicitor on a single firm name, was guilty of dishonesty or delay should not be in administering Affairs practice advocates and lawyers that way or in connection with any trust his barrister and solicitor is sole trustee or trustees only together with one or more of the clerk or just pekhidmatnya; or laws of Malaysia ACT 16692 (b) a barrister and solicitor of the death and immediately before his death provisions Schedule applies, the table, in addition to paragraph 7, shall apply with respect to the personal representatives and shall continue to apply to personal representatives for advocates and solicitors said that as the provisions apply or has been used, as the case may be, in respect of a barrister and solicitor referred to in that provision and as if the words "the personal representatives" have been , with the necessary adaptations, replacing the words "barrister and solicitor is" in any form of the word is found in the provisions.
(2) in this section, the word "trust" and "trustee" has the same meaning as in subsection 78 (6).
The Bar Council shall operate the account bank client advocates and solicitors who died in 92. When the dead person is a barrister and solicitor who immediately before his death has been practicing as a barrister and solicitor in his own name or as a barrister and solicitor on a single firm name rights to handle, or arrange other basis, any bank account in the name of a barrister and solicitor or his firm, which is the name of an account that it had paid any money the client shall , notwithstanding anything contained in this Act to the contrary, vested in the Bar Council with the disregard of the rights of any of the personal representatives of the advocates and solicitors and can be carried out starting from the death of barrister and solicitor is.
PART VII DISCIPLINARY PROCEEDINGS Disciplinary Board 93. (1) for the purposes of disciplinary proceedings under this part, shall be established a Board of Discipline.
The legal profession 93 (2) the Disciplinary Board shall have the same power as exercised by the Bar Council before the commencement of this part.
(3) the Disciplinary Board shall consist of the following: (a) the Chairman of the Disciplinary Board appointed by the Chief Judge and the person should be a judge of the High Court or the Federal Court, a judge of the High Court or the Federal Court who has retired or any other person who is eligible to become a judge of the High Court or the Federal Court: provided that in case if a judge of the Federal Court to be appointed as Chairman , the appointment shall be made by the Chief Judge after consultation with the Chief Justice;
(b) the President of the Council of lawyers with the Vice President as wipe it; and (c) fifteen members of the practitioners who already became a barrister and solicitor of not less than fifteen years appointed by Chief Judge for a term of two years: provided that the Chief Judge may extend the term of Office for a term not exceeding two years or to appoint them again.

(4) a quorum of the Board of Discipline is seven members of whom one Member must be from paragraphs (a), a member of paragraphs (b) and five members of the paragraph (3) (c).
(5) the Secretary of the Disciplinary Board shall be an employee full time bar Council appointed under section 98 and such person shall be a barrister and solicitor who is already a barrister and solicitor of not less than five years.
(6) the Disciplinary Board may make rules relating to the kuorumnya and to regulate tatacaranya.
Laws of Malaysia ACT 16694 Disciplinary Board Power to cut from Daftarai, suspended because of misconduct, etc.
94. (1) all of the barrister and solicitor subject for the purposes of all disciplinary action to the Disciplinary control of the Board.
(2) any advocates and solicitors who do any misconduct can be cut from Daftarai or suspended from practice for such period not exceeding five years.
(3) for the purposes of this part, "improper conduct" means conduct or omission to act in Malaysia or elsewhere by a barrister and solicitor on his professional nature or otherwise treated as acts of serious and should not include — (a) convictions of crimes that made him not eligible to be members of his profession;
(b) violations of the obligation to the Court including any failure to comply with an undertaking given to the Court;
(c) fraud or fraudulent conduct in fulfilling his duties;
(d) a violation of any rules of practice and ethics of the profession made by the Bar Council under this Act or otherwise;
(e) condemned to bankruptcy and is found guilty of any act or omission referred to in paragraph 33 (6) (a), (b), (c), (d), (e), (f), (h), (k) or (l) Bankruptcy Act, 1967;
(f) offer or provide any feed to any person who has a job in any legal matters for himself or for any advocate and solicitor of the other;
(g) directly or indirectly obtain or try to obtain employment for himself or any of the advocates and solicitors through or at the direction of any person to whom such remuneration as a job that has been given by him or agreed or promised will be given;
The legal profession 95 (h) accept employment in any legal matters through subscription attractions;
(i) authorize any person who is given permission to carry out the legal arrangements (s) without direct control and close by him as the head or without proper supervision;
(j) carry out own, directly or indirectly, in any profession, trade, business or business which is not in accordance with the legal profession or employed for remuneration or otherwise in any profession, trade, business or business that;
(k) breach of any provision of this Act or any rules made thereunder or any direction or decision of the Bar Council;
(l) fired, be deducted from Daftarai, suspended or dicela on its properties as practitioners of law in any other State or acts of misconduct that may result in him being sentenced in any other country;
(m) impose, without written agreement, in respect of professional services rendered to the clients, fees or cost too excessive in all circumstances;
(n) too ignores the interests of his client; and (o) do any behavior corresponds to a barrister and solicitor or causing or expected to cause legal profession contempt.
(4) where a barrister and solicitor — (a) was found guilty by the Court for any offence involving dishonesty, misuse or pelesapan any money or property of the client or any other person;
(b) has been fired, the cut of Daftarai, suspended or dicela on its properties as a legal practitioner in any other country;
Laws of Malaysia ACT 16696 (c) be a complaint about any act of cheaters who have wrongdoing on its properties as a barrister and solicitor;
(d) have left the country or were not present in his Office in a State that is reasonably considered by the Bar Council that he had fled; or (e) otherwise unable due to the weakness of body or mind or any other cause to perform effectively the functions of a barrister and solicitor, and the Bar Council is of the opinion that in the public interest or the interests of his client or the importance of his profession that barrister and solicitor is suspended from practice, the Bar Council may apply to the Board of Discipline to get the order suspend the barrister and solicitor from practice until further notice.
(5) a trainer mutatis mutandis subject to the control of the Disciplinary Board, by virtue of this section, performed against a barrister and a solicitor but instead order memotongnya of Daftarai or menggantungnya, an order can be made to prevent the trainer from mempetisyen Court to admitted until after the date of which shall be specified in such order.
The Disciplinary Committee Panel and the Panel of Tribunal Investigations 95. For the purpose of discipline under this part, shall be established a Disciplinary Committee Panel with a Disciplinary Committee set up under it and a Panel of Tribunal Investigations with a Tribunal Investigation established thereunder.
The Appointment Of A Panel Of Disciplinary Committee 96. (1) the Disciplinary Board shall, from time to time as required, appoint a Disciplinary Committee Panel, from a list provided by the Bar Council, legal profession 97 consisting of thirty members, of whom twenty members is a barrister and solicitor who is already a barrister and solicitor of not less than ten years old and have a valid certificate of practice and ten members are ordinary people : provided that the Disciplinary Board may, whenever it regards necessary or expedient, and after consultation with the Bar Council, changing the number of members of the Disciplinary Committee Panel. Any change in the number of members shall be in the same proportion for a barrister and solicitor and a normal person as described above.
(2) every Member of a Panel of disciplinary committee shall serve for a term of two years: provided that the Disciplinary Board may extend the period of his Office for a period not exceeding two years or appointed him again.
The Appointment Of Tribunal Panel 97 Survey. (1) the Disciplinary Board shall, from time to time as required, appoint a Panel of Tribunal Investigations, from a list provided by the Bar Council, which consists of sixty members, of whom forty members, is a barrister and solicitor who is already a barrister and solicitor of not less than seven years and has a valid certificate of practice and twenty members are ordinary people : provided that the Disciplinary Board may, whenever it regards necessary or expedient, and after consultation with the Bar Council, changing the number of members of the Tribunal Panel investigation. Any change in the number of members shall be in the same proportion for a barrister and solicitor and a normal person as described above.
(2) every Member of the Tribunal Panel investigation shall be served for the next two years: provided that the Disciplinary Board may extend the period of his Office to a period not exceeding two years or appointed him again.
Laws of Malaysia ACT 16698 98 Complaints Secretariat Director. (1) the Bar Council shall, from time to time as required, appoint a barrister and solicitor who is already a barrister and solicitor of not less than five years for was the Director of the Secretariat of the complaints.
(2) the Director shall be served as Secretary to the Disciplinary Board, the Disciplinary Committee and Tribunal investigation.
(3) the Bar Council shall be responsible for the remuneration of Directors and shall have the authority to cancel his appointment.
(4) the Director shall be responsible for the daily administrative complaint against a barrister and a solicitor under this part.
Complaints against solicitors and solicitors or trainee 99. (1) any complaint about the conduct of any barrister and solicitor or any trainees shall be in writing and shall initially made or referred to the Disciplinary Board that will handle the complaint in accordance with any rules made from time to time under this section.
(2) any court, judge, sessions Court judge or magistrate or the Attorney General may at any time refer to the Disciplinary Board any complaints made against someone advocates and solicitors or trainee.
(3) no anything in this section can be calculated prevent the Bar Council or Committee of the State Bar to make any complaint on their own usulnya to Disciplinary Board against someone advocates and solicitors or trainee.
Tribunal Investigation Of 100. (1) where an application or complaint in writing referred to the Disciplinary Board, the Disciplinary Board shall, legal profession 99

If it thinks there is merit in the application or the complaint, immediately establish a Tribunal investigation.
(2) a Tribunal investigation shall be appointed by the Disciplinary Board to investigate the complaint or application shall consist of three members, namely — (a) two advocates and solicitors; and (b) an ordinary members, appointed from a Panel of Tribunal Investigations.
(3) the Disciplinary Board shall appoint a member from paragraph (2) (a) to be Chairman of the Tribunal for these investigations.
Investigation of 101. (1) a Tribunal Investigation shall, within two weeks after his appointment, began his investigation on the application or the complaint and report dapatannya to the Board of Discipline as soon as reasonably may be expected from it, but not later than two months after the commencement of the investigation, or in such other period as may be determined in writing by the Chairman of the Disciplinary Board on the application made by the Investigatory Tribunal for extension of the period of two months.
(2) for the purposes of any investigation, Tribunal Investigation may — (a) request or to employ any person to make or assist in making anything initial investigations it may deem necessary;
(b) require that submitted for examination by the Tribunal investigation or any person employed under paragraph (a) any books, documents or papers that have the relationship or to do with the investigation of the matter and may require any person to provide information relating to books, documents or papers that; and (c) require the person in question gives all information in respect of any book, document or paper which may be reasonably required the laws of Malaysia ACT 166100 by Tribunal investigation or by a person employed under paragraph (a).
(3) any barrister and solicitor and any other person without a legitimate reason refused or failed to submit to the Tribunal investigation or to any person employed by the Tribunal Investigation for the purpose of investigation of any book, document or paper or fails to provide any information related to it under paragraph (2) (b) or (c) commits an offence and shall on conviction, * , a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(4) before the Tribunal Investigation started pendengarannya with respect to any matter — (a) the Tribunal Investigation shall send by mail or deliver to the barrister and solicitor may be — (i) a copy of any application or complaint in writing and also any statutory declaration or affidavit made in support of the application or the complaint; and (ii) a notice inviting barrister and solicitor may be, in such period (not less than fourteen days) specified in the notice, to give the Tribunal Investigation any written explanation that want to dikemukakannya and inform the Tribunal Investigation if he wants to be heard by the Tribunal the Investigations; and (b) the Tribunal investigation shall be let time prescribed in the notice has passed and to advocate and solicitor may be a reasonable opportunity to be heard if he desires and shall give proper consideration to any explanation that may be made by them.
* NOTE — the original Provisions before the amendments made by the A861 Act was a fine of five hundred dollars.
The legal profession Disciplinary Board Consideration about 101 report by the Tribunal Investigation 102. (1) the Tribunal Investigation shall decide and recommend to the Disciplinary Board any one of the following recommendations: (a) that a formal investigation is not necessary;
(b) that there are no sufficient reasons exist for the investigation of formal weight but a barrister and solicitor shall be ordered to pay a penalty; or (c) that should have held a formal investigation by the Disciplinary Committee.
(2) if the Tribunal Investigation in its report recommend that — (a) that should have held a formal investigation, the Disciplinary Board shall establish a Disciplinary Committee; or (b) that a formal investigation by the Disciplinary Committee, the Disciplinary Board does not have to be, if it does not agree with the recommendation, appoint a Disciplinary Committee.
(3) the Disciplinary Board shall notify the advocates and solicitors and the person making the application or the complaint about the way it has decided the application or the complaint and if the decision is that a formal investigation is not necessary, the Disciplinary Board shall upon the request of that person gave him the reason in writing.
The Disciplinary Board's power to order the penalty on 103. (1) if the Disciplinary Board decided that no reason existed for heavy enough to make a formal investigation but decided that barrister and solicitor shall be ordered to pay the penalties it can order the barrister and solicitor is paying penalties of not more than five thousand dollars.
(2) before the Disciplinary Board made an order for the payment of a penalty under this section, it shall notify the laws of Malaysia ACT 166102 barrister and solicitor may be about his intention to do so and give him a reasonable opportunity to be heard.
(3) if the Disciplinary Board is already in order that any penalty payable under this section by a barrister and solicitor, the penalty shall be paid within one month from the date of the order and if he or she defaults can be made, the Disciplinary Board may order a barrister and solicitor is suspended from practice until the penalty payment is made.
Application to appoint Committee Discipline 103A. If — (a) the Disciplinary Board shall decide that held a formal investigation; or (b) a barrister and solicitor have been convicted of criminal breach of trust under section 409 of the Penal Code [Act 574] or any other offence involving fraud or dishonesty; or (c) a barrister and solicitor has been suspended under subsection 94 (4) of this section, the Disciplinary Board shall forthwith appoint a Disciplinary Committee that will hear and investigate the matter.
The Disciplinary Committee 103B. (1) the Disciplinary Board shall appoint a Disciplinary Committee to consider, in the case when a Tribunal Investigation was appointed, reports the Investigation or Tribunal, to investigate and make recommendations to the Board in respect of the Disciplinary matters under section 103A.
(2) a Disciplinary Committee shall consist of three members, namely — (a) two advocates and solicitors; and (b) one ordinary members, appointed from a Panel of Disciplinary Committee.
The legal profession 103 (3) the Disciplinary Board shall appoint a member from paragraph (2) (a) the Chairman of the Disciplinary Committee.
The Findings Of The Disciplinary Committee 103 C. (1) after hearing and investigate any matter referred to it, a Disciplinary Committee shall record dapatannya in relation to the facts of the case and according to the facts shall decide and make any one of the following recommendations to the Disciplinary Board: (a) that there are no sufficient reason exists for heavy disciplinary action;
(b) that even if there are sufficient reasons exist for heavy disciplinary action advocates and solicitors should dicela; or (c) that there is enough merit in the complaint and that barrister and solicitor shall be liable to one of the following disciplinary actions: (i) the imposition of a fine on the barrister and solicitor is for any amount deemed fair by the Disciplinary Committee;
(ii) the suspension of a barrister and solicitor may be out of practice for such period as he thinks fit of the Disciplinary Committee in view of the circumstances; or (iii) the deletion of a barrister and solicitor may be from Daftarai.
Consideration by the Disciplinary Board Disciplinary Committee report 103D. (1) after considering the report of the Disciplinary Committee, the Disciplinary Board may make an order: (a) confirming the recommendation of the Disciplinary Committee; and the laws of Malaysia ACT 166104 (b) may either accept the recommendation of the Disciplinary Committee of the punishment will be imposed or, in exceptional cases, impose a heavier sentence.
(2) before making an order of the Disciplinary Board and impose a sentence under this section resulting in a heavier sentence it shall notify the barrister and solicitor may be about his intention to do so and give him a reasonable opportunity to be heard.
(3) if the Disciplinary Board does not agree with the recommendation of the Disciplinary Committee, the Disciplinary Board shall make such other order as it thinks fair.
Appeal from a decision of the Disciplinary Board 103E. (1) any person aggrieved by any decision or order made by the Board of Discipline shall be entitled to appeal to the High Court within one month after notification of the decision or order of the dimusykilkan.
(2) the appeal shall be determined to be heard before three judges of the High Court.
(3) any party aggrieved by a decision of the High Court shall be entitled to appeal to the Federal Court within one month after the decision of the High Court.

(4) the Bar Council may at its discretion interrupt at any stage of any appeal under this section.
Power to make rules 103F. (1) the Disciplinary Board shall, from time to time, make rules to regulate the procedure in respect of disciplinary proceedings.
(2) any rules made under this section shall not be effective until it has been published in W rta.
The legal profession 105 savings and Transitional Provisions 103G. (1) the replacement of provisions relating to disciplinary proceedings by * this act notwithstanding any application, complaint or disciplinary proceedings which have not been decided at the date of commencement of this Act.
(2) for the purposes of subsection (1) of the principal Act relating to disciplinary proceedings shall remain in force.
The Establishment Of The Disciplinary Fund 103H. (1) Bar Malaysia shall establish, maintain and administer a fund to be known as "the disciplinary Fund".
(2) every advocate and solicitor shall, on every time he is seeking Annual Certificate, pay to the Malaysian Bar a contribution to discipline the amount can be determined by the Council from time to time: provided that if someone advocates and solicitors to apply for a practising certificate valid for a period less than six months in a calendar year , he shall be required to pay a contribution which is half of the amount determined for that year.
(3) all costs, charges and expenses for the purposes of any proceedings under this Act shall be paid from the disciplinary Fund.
Payment of fees, fines, etc., into the Disciplinary Fund 103I. Shall be paid into the funds of the Discipline prescribed fees pursuant to section 140 and any fines, penalties, or any other payment ordered by the Disciplinary Board in order to be paid.
* NOTE — the words "this Act" refers to the legal profession Act (Amendment) Act 1992 [Act A812].
Laws of Malaysia ACT 166106 the power to make rules 103J. The disciplinary board may, with the Bar Council in consultation with and with the approval of the Minister, make any rules expedient or necessary to carry out this act better.
104. (Cut by the Act A567).
Barrister and solicitor may apply to released its name from Daftarai 105. (1) any barrister and solicitor may, subject to this section and to any rules made for the purpose, apply to the Court so that her name is removed from the Daftarai.
(2) every such application shall be made by way of originating motion and shall be supported by affidavit in the prescribed form and shall be served on the Bar Council not less than two months before the application is heard.
(3) the Bar Council may for good reasons require the applicants so as to advertise its intention to make the application by any other means directed by the Bar Council.
(4) an application under this section shall be heard by a judge sitting in open court.
(5) no an order may be made on an application under this section if the judge is satisfied that — (a) disciplinary action has not been decided against the applicants; or (b) the applicant's conduct was matters investigated under this section.
(6) after heard any such application the judge may make the order of — (a) order the Registrar of the applicant name of cutting Daftarai; or the legal profession 107 (b) adjourn the hearing sine die or to such date as he thinks fit and reasonable by the judge, and any order that is fair for the payment of costs.
The Bar Council shall notify the Registrar shall order the contrary for a barrister and solicitor of the 106. The Bar Council shall give to the Registrar will be every order made under this section to the contrary for an advocate and solicitor, and the Registrar shall cause to be a notice about the evil of the order is recorded in the Daftarai appearing in the name of a barrister and solicitor in question: provided that an order with respect to costs only need not be recorded as such in the Daftarai.
The High Court can include the barrister and solicitor 107. (1) the High Court may, if it thinks fit and reasonable, may at any time order the Registrar to enter a person's name in the Daftarai advocate and a solicitor whose name has been removed or cut from Daftarai.
(2) any application so that the name of a person is a barrister and solicitor placed back in Daftarai shall be made by originating motion supported by affidavit, in front of the High Court.
(3) the notice of motion shall be served on the Bar Council to be represented at the time a motion is heard and shall submit before the Court that a report which shall include a copy of the record of any proceedings which resulted in the name of the barrister and solicitor is removed or cut from Daftarai and a statement of any facts which have occurred since the name of the barrister and solicitor laws of Malaysia ACT 166108 it was released or cut from Daftarai and which in the opinion of the Council or any its members are related to be considered or investigated in connection with the application.
(4) in the exercise of its jurisdiction under this section, the High Court shall be made up of three judges.
(5) any party aggrieved by a decision of the High Court have a right of appeal to the Federal Court: provided that a Judge make a decision that cannot be appealed to the Federal Court.
The costs of proceedings under this part 108. The costs of all proceedings and incidental thereto under this section shall be at the discretion of the court hearing the proceedings and may include the costs of the Bar Council, and the cost of proceedings before the Tribunal for investigation and Disciplinary Committee.
If the person investigated is not present in 109. If the person that his conduct be investigated that does not appear before the Court, the Tribunal investigation or Disciplinary Committee, as the case may be, the investigation or the proceedings can be carried out without any further notice to that person when the delivery is proved by affidavit or statutory declaration or by any other means as directed by the Court.
Publications and documents are considered to be evidence of the facts stated in it 110. (1) in any proceedings under this part any publication purporting to be printed under the authority of the General Council of the Bar or The Law Society of England and any document purporting to be signed under the authority of the body, until the contrary is proved, evidence of the facts stated therein or for any rules, practices or conventions applicable in England as stated therein.
The profession of Law 109 (2) when a person is absent his actions investigated and Disciplinary Committee decided under section 109 to continue the investigation during his absence and in any other cases with the consent in writing of that person, Tribunal investigation or Disciplinary Committee may either as to the whole of the case or as to any particular fact or facts, continue the investigation and act upon evidence via affidavit or statutory declaration.
No action against Disciplinary Committee, etc., due to acts carried out 111. There are no any action or proceedings may be taken against Tribunal Investigations, Disciplinary Committee, the Disciplinary Board, Bar or the Bar Council or any of its members for any act or anything done under this Act unless it is proved to the Court that the Act or something that was done with heart that unholy or with bad faith.
PART VIII the REMUNERATION of a BARRISTER and SOLICITOR there are advocates and solicitors can buy client interest 112. (1) except as expressly provided in any written law, or by rules made under this Act, no person whatsoever, a barrister and solicitor may — (a) buy or agree to buy either directly or indirectly, an interest or any part of the interest of his client matter or matter of the other party in the suit, action or proceeding bertikaian other brought or to be brought or defended; or (b) make such – what a deal with it he commissioned or use the service to conduct any suit or action or other mensyarat bertikaian proceedings or recommend the payment only if the suit, action or proceeding is successful.
Laws of Malaysia ACT 166110 (2) no nothing in this Act shall be construed as confirming the legal any purchase or agreement prohibited by subsection (1) or any disposition, contract, settlement, transfer, delivery, arrangement or unauthorized transfers of — (a) the Director-General of insolvency under the laws relating to bankruptcy;
(b) a liquidator or receiver under laws relating to the winding up of the company; or (c) the creditor in such a composition.
The Committee cost 113. (1) the cost Committee shall consist of the following person —

(a) the Chief Judge or a high court judge nominated by Chief Judge (in this section referred to as "Chief Judge or nomininya");
(b) the Attorney General or a member of the Department of the Attorney General is named by the Attorney General;
(c) the Registrar General or a Senior Assistant Registrar nominated by the Registrar General;
(d) four people a barrister and a solicitor nominated by the Bar Council.
(2) the Committee cost shall be summoned by the Chief Judge at the request of any of its members.
(3) the Committee cost or any of four of its members (Chief Judge or nomininya is one) can make general orders prescribing and regulating in such manner as it thinks fit and reasonable remuneration for the advocates and solicitors in respect of non-managing bertikaian and any order made under this section may cancel or amend any order previously made such.
The legal profession 111 (4) an order made under this section, may, in respect of the means of remuneration, stipulates that it shall be according to a skills rate or Commission or percentage, changing change or not for different classes of business, or by a gross sum, or with a fixed amount of money for each of the documents prepared or reviewed, regardless of length, or by any other means , or partly one way and partly with an other way, and can regulate the remuneration amount or by reference to all or any of the following considerations, inter alia the consideration of: (a) the position for which a barrister and solicitor is concerned with managing it, either as a seller or buyer, lessor or pawnbrokers, mortgagor or mortgagee , and the like;
(b) the place at which, and the circumstances of the arrangement or any part thereof is carried out;
(c) the amount of capital money or hire in respect of the arrangement;
(d) skills, work and responsibility involved in the advocates and lawyers that way;
(e) the number and importance of the documents prepared or reviewed, regardless of length.
(5) an order under this section may authorize and regulate — (a) recruitment by a barrister and solicitor from his client collateral, which is determined by means of appointment or otherwise, for the payment of such remuneration as may be payable to him under the order; and (b) the grant flower.
(6) as long as an order made under this section is in force, the fixing of cost billing advocates and solicitors in respect of non-managing bertikaian shall, subject to section 121, regulated by the order.
(7) Section 136 shall apply to any order made under this section.
Laws of Malaysia ACT 166112 barrister and solicitor may make agreement for remuneration from clients 114. (1) whether any order in force under section 113 or not, a barrister and solicitor and his client may, either before or after or within a barrister and solicitor is exercising any affair not bertikaian, make an agreement about the remuneration of a barrister and solicitor in respect of the: provided that the agreement cannot provide for the costs according to a lower skills of skills provided by any order made under section 113.
(2) the agreement may provide for the remuneration of a barrister and solicitor with a gross sum, or by Commission or percentage, or by salary, or otherwise, and it can be made on terms that the amount of the remuneration promised in the agreement shall either include or exclude all or any financing made by a barrister and solicitor in respect of the search , plan, travel, postage, fees or other things.
(3) the agreement shall be in writing and signed by the person who will be bound by them or by its agent for that purpose.
(4) the agreement may be sued and be retrieved or cancelled in the manner and reasons similar to an agreement which does not relate to the remuneration of a barrister and solicitor: provided that if upon such determination of the cost of a barrister and solicitor depends on the agreement and the client object to the Treaty on the ground that it does not fit or is not reasonable, officer designation can investigate the facts and certification to the Court , and if upon the certificate of the Court is of the opinion that the agreement should be cancelled, or the amount payable thereunder should be reduced, the Court may order that the agreement is cancelled, or the amount payable is reduced, and may give directions arising as it thinks fit and reasonable by the Court.
The legal profession 113 barrister and solicitor are entitled to the costs of consultancy from the mortgagor 115. (1) If a mortgage made to a barrister and solicitor, whether he's a or with others, a barrister and solicitor, or a firm of which he was one of its members, shall be entitled to obtain from the mortgagor in respect of all matters conducted by him or by the firm and in respect of all acts performed by him or by the firm at negotiating the loan , determine and investigate the ownership of the property, and prepare and execute the mortgage, any common costs that he or the firm remains entitled to receive if the mortgage were made to a person who is not a barrister and solicitor and the mortgagor has been ordered and use his services or the firm to conduct it and doing the Act.
(2) If a mortgage were made to, or have vested at a barrister and a solicitor whether he or any other person by means of transactions or transfers, and any business conducted or any act done by a barrister and solicitor, or by a firm of which he was one of its members, in relation to the mortgage or charge created with it or in respect of property that is contained underneath , he or the firm is entitled to obtain from the mortgagor which the arrangements on his behalf was carried out or the Act has been committed, and impose on the security, any common costs that he or the firm remains entitled to receive if the mortgage were made to a person who is not a barrister and solicitor and is still vested in the person by way of transfers or transfer and the mortgagor has been ordered and use his services to conduct the and doing the Act.
(3) in this section the word "mortgage" includes any charge any property to earn money or something worth the money.
Laws of Malaysia ACT 166114 Managing Bertikaian barrister and solicitor may make agreement for managing cost bertikaian 116. (1) subject to the provisions of any written law, an advocate and solicitor may make an agreement in writing with his client in respect of the amount and method of payment for all or any part of the cost in respect of managing bertikaian done or to be done by advocates and lawyers that way, either by a gross sum, or otherwise, and whether or not with the same rate or larger or smaller than the rates with him he would otherwise entitled disara.
(2) every such agreement shall be signed by the client and shall be subject to this section.
The cost can be obtained from the client by others who do not witness diaku 117. (1) any agreement made pursuant to section 116 does not affect the amount of, or any right or remedy to seek any cost that can be obtained from the client by any other person or due to the client by any other person, and any other person may require that any costs due from him to the client or the client of the didapatkannya can be determined based on the rules for the time being in force for the fixing of costs , unless the other person has agreed otherwise: provided that the client had made any such agreement shall not be entitled to obtain from any other person, under any order for the payment of any costs, which are the things the agreement, more than the amount payable by the client to the advocates and lawyers their own right.
(2) an agreement shall be deemed not to include any additional claims advocates and solicitors of the agreement with respect to any service, costs, charges or expenses relating to the conduct and settlement arrangements in respect of which an agreement is made, with the exception of services, costs, charges or expenses, if any, expressly excluded by the agreement.
The legal profession 115 (3) subject to this section, the costs of a barrister and solicitor in any case that there's any agreement as referred to in section 116, not subject to prescription and also to section 124.
(4) a provision in any agreement that stated that barrister and solicitor is not liable for negligence, or that he shall be discharged from any obligations to which he was subjected as a barrister and solicitor if there are no such provisions, not valid at all.

Enforce agreement 118. (1) no such action or suit may be brought or taken on any agreement referred to in section 116, but every question relating to the validity or effect of any agreement that may be inspected or disconnected, and the agreement may be enforced, varied or cancelled by a suit or action through summons, motion or petition by any person or any person who becomes a party to the agreement , or who is said to be liable to pay, or has the right or claim is entitled to be paid the cost, costs, charges or expenses in respect of which the agreement has been made, by the Court in which the arrangement or any part thereof is made, or by a judge of the Court, or, if such arrangements are not made in any court, then by the High Court or a high court judge.
(2) Upon summons, motion or petition like that, if the Court or the judge is of the opinion that the agreement of all in terms of fit and reasonable between the parties to the agreement, the agreement may be enforced by the Court or the judge by law or order, in such manner and subject to such conditions, if any, of the cost of a summons, motion or petition as difikiran fit and reasonable by the Court or the judge.
(3) If substantive terms of any agreement is deemed by a court or a judge should not be or is not reasonable, the deal can be declared invalid, and the Court or judge shall therefore order that the agreement submitted for cancellation, and may direct that costs, laws of Malaysia ACT 166116 fees, charges and expenses incurred or that may be imposed with respect to the matters therein set , as the same way and by the same method as the agreement by-has not made: provided that the Court or judge may alter or confirm the agreement if not all of the content of the agreement should not be or is not reasonable.
(4) the Court or a judge may make any order as to costs relating to the summons, motion or petition and proceedings thereon as it thinks fit and reasonable by the Court or the judge.
(5) when the amount agreed under the agreement have been paid by or on behalf of the client or by any person who is liable to pay or entitled to pay him, any court or judge who has jurisdiction to examine or enforce the agreement shall, on application made by the person who has paid that amount within twelve months after payment thereof and, if the Court or the judge is of the opinion that special circumstances that require the agreement reopened , open it again and order the costs, fees, charges and expenses set, and the whole or any part of the amount received by a barrister and solicitor is paid back by him, upon such terms and conditions how it deems fit and reasonable by the Court or the judge.
(6) if any agreement is made by the client upon the nature of the custodian or trustee under a deed or will, or on the nature of the Committee to any person or property will be charged the amount due under the agreement or shall be liable to any part of that amount, the deal should be made before any payment is presented before the Registrar for its inspection and the Registrar may refuse any part thereof , or can request through summons, motion or appeal so that the Court or Judge to make instructions about the deal.
(7) if in any such case — (a) the client pay the whole or any part of the amount due under the agreement without the legal profession 117 consent the Registrar or the Court or a judge, he is liable to memperhitungkan at any time to people who own property, apply the amount that has been paid, or any part thereof, the amount imposed such; and (b) a barrister and solicitor is to accept payments without such permission, any court that might have any jurisdiction to enforce the agreement, may, if it thinks fit and reasonable, memerintahkannya refund the amount of such merit under the agreement, or any part thereof.
Either party may cancel the agreement advocates and solicitors dead not yet completed 119. (1) where a barrister and solicitor has made an agreement with his client in accordance with section 116 and something was done by advocates and solicitors that under the agreement, and, before the agreement executed by him in full, a barrister and solicitor is dead or is unable to act, an application may be made to the Court by any party to the agreement or by representatives of the parties , and the Court thus had the same power to enforce the agreement or, if the action has not been taken thereon.
(2) Although the Court think the deal should and reasonable from all respect it may order the amount due in respect of the arrangements made under the agreement are determined by means of the fixing.
(3) in determining any amount that the Registrar shall pay attention, to the extent possible, to the terms of the agreement.
(4) payment of the amount found to be payable can be developed in the same way as if the deal was completed in full by a barrister and solicitor.
Laws of Malaysia ACT 166118 If clients change lawyers before agreement executed 120. (1) Notwithstanding any agreement under section 116, a client can change advocates and lawyers how before the completion of the arrangements relating to the agreement and in the case of the barrister and solicitor who became a party to the agreement shall be deemed to be acting under the agreement within the meaning of this section.
(2) when any order made for the determination of the amount due someone advocates and solicitors in respect of arrangements made under the agreement, the Court shall direct the Registrar to provide attention to the circumstances in which conversion of the barrister and solicitor that has occurred.
(3) after the specified amount of advocates and solicitors shall not be deemed to be entitled to the full amount of the agreed remuneration to be paid to him unless it was found there was no breach, negligence, improper delaying or other behavior should not stay at his place, which give reasonable grounds to the client to change advocates and lawyers how.
If the remuneration of a barrister and solicitor not agreement 121. If remuneration for an advocate and solicitor in respect of managing bertikaian foolishness not an agreement made pursuant to section 116, Bill of costs of a solicitor can with options advocates and solicitors that either contained details that complete or by the gross sum: provided that — (a) the taxable costs included in the gross sum bill may at any time before it is delivered to him a writ or other originating process to get the cost and before the expiry of three months from the date of the Bill presented to him, asking the legal profession 119 advocates and solicitors that deliver to him in lieu of the cost of a bill containing full details, and thus the gross sum bill shall not have any effect;
(b) if any act started on Bill gross amount, the Court shall, if requested by the imposed the Bill before the expiration of one month from the date of the writ or other originating process is served on the parties, order that the Bill may be prescribed;
(c) If a gross sum bill referred to designation, whether under this section or any other section, nothing-nothing in this section shall affect any court in respect of the appointment and a barrister and solicitor shall give to the officer that any determination with respect to any costs covered by the Bill as required by the setting.
(2) subsection (1) shall not apply to the fee payable to a barrister and solicitor who directed a lawyer right.
PART IX GET and SET the COST of a barrister and solicitor defined 122. In this section the word "barrister and solicitor" includes executors, administrators and assigns of the barrister and solicitor in question.
Barrister and solicitor entitled to levy a charge on the property to get the cost of 123. Any court in which a barrister and solicitor has been used to prosecute or defend any suit, matter or proceeding may at any time declare barrister and solicitor is entitled to impose a charge on the property that is retrieved or maintained in the suit, the thing or the proceedings to obtain the cost of barrister and solicitor is prescribed with respect to the laws of Malaysia ACT 166120

suit, matter or proceeding, and may make such order as it thinks fit and reasonable for the cost setting and to get the money to pay the cost of the property, and all move right and acts done to disappoint, or aimed at frustrating, liability is not valid against a barrister and solicitor, except in respect of a transfer of rights made to a buyer buying because ona fide value without notice : provided that no such order may be made if the right to get blocked by the cost Limitation Act 1953 [Act 254].
There are advocates and solicitor may sue to get the cost until the Bill was submitted cost 124. (1) except as permitted by this Act, no barrister and solicitor may, without leave of the Court, starting or defending any action to get any costs payable in respect of any business done by him until the expiration of one month after submitted by it to the parties thereto to be charged the cost of, or after transmitted by it by post to the party , or after being left by him with the party at the Office or at the place of business, residence or the place of residence of the end of the known, a bill that cost, which is either signed by the barrister and solicitor, or in the case of a partnership, by any partner, either in his own name or in the name or title of the partnership, or by a barrister and solicitor of the other applicable service by a barrister and solicitor of the first mentioned or by the partnership, or attached to or accompanied by a letter signed by the way so that, in respect of the Bill.
(2) where a Bill is proved to have been submitted pursuant to subsection (1) it shall not be necessary at first for advocates and solicitors that prove the contents of the Bill and it shall be deemed, until the contrary is proved as a Bill bona fide that complies with this Act.
The legal profession 121 the court allow the solicitor commenced action 125. The Court may allow a person advocates and solicitors started action to get its cost and can also refer to the Bill of costs to be determined by the Registrar, in spite of a period of one month has not expired from the delivery of the Bill, upon proof to his satisfaction that any other party thereto be dipercajkan the Bill almost want to leave Malaysia, or almost want to get an order of receipt has been made against him , or nearly want to compound with his creditors or almost want to take any other steps or do any other Act which in its opinion may be frustrating or delaying the advocates and solicitors that get paid.
Commands for the fixing of costs shall be made within 6 months from the time submitted bills cost 126. (1) an order for the appointment of a bill of costs submitted by any barrister and solicitor may be obtained by a petition asked made by parties thereto have to dipercajkan the Bill, or by any person liable can be made either to the parties thereto have to dipercajkannya or to the barrister and solicitor that, at any time within six months from the submission of the Bill , or, by a barrister or solicitor is after the expiration of one calendar month, and within one year, from the submission of the Bill.
(2) the order shall contain any instructions and conditions should difikiran by the Court, and any party aggrieved by any order of the Court may apply through a summons in chambers so that the order is amended or altered or cancelled.
(3) in any case where a barrister and solicitor and his client agreed to Bill someone the solicitor set the Registrar may act set the Bill notwithstanding there an order therefor.
Laws of Malaysia ACT 166122 Cost get commands for fixing of 127. The cost to obtain an order for the determination of cost, including the petition and order delivery, in addition to any court fees payable thereon or expenses, if the order is obtained with the agreement of a barrister and solicitor either party shall amount to twenty five dollars: provided if one of the parties do not agree on the determination of the cost to obtain a court order shall amount to one hundred and fifty dollars.
Command for setting the Bill advocates and solicitors when given notice 128. (1) after the expiration of six months from the submission of the Bill of costs, or the cost of the Bill after paid, there are no such order may be made to the Bill setting the cost of a solicitor, except upon notice to be given to a barrister and solicitor, and in special circumstances to be proved to the satisfaction of the Court.
(2) however nothing commands for setting can be made after the expiration of one year from the submission of the Bill of costs.
The petition by the party liable to pay the Bills cost 129. All petition by any party thereto dipercajkan a bill of costs or be liable to pay a bill of costs shall contain a declaration by the party that he will pay the amount of the cost of the Bill to advocate and penguam that way when prescribed, unless the cost of the Bill has been paid.
Order that the submitted Bill cost by way of petition 130. (1) an order that the Bill be passed, solicitors ' cost and so handed over any deed, document or other papers in the possession of a barrister and solicitor that, subject to any liens that barrister and solicitor may have, and so set the Bill upon delivery, can be found by making a petition asked.
The profession of law 123 (2) when the petition is filed, the Registrar shall indicate the order on the petition immediately, and provides the order if necessary.
(3) subject to this section, the Court has the same jurisdiction as jurisdiction of the High Court in England to make an order under subsection (1).
The Court may order the barrister and solicitor so submit a copy of the applicant's billings to 131. When the application is made by a party other than the parties thereto be dipercajkan Bill, the Court may order the barrister and solicitor that deliver to the person making the application a copy of the Bill, on payment of the costs of making the copy.
Bill of costs shall be in accordance with the rules of the Court of 132. Bill the cost to be between a barrister and solicitor by the client shall be made in the manner provided by the rules of the High Court, and fixing it is subject to the rules.
The Registrar may allow interest levied on money spent by 133 lawyers. The Registrar may allow interest levied on any rate and start time may deem fair and reasonable on money spent by a barrister and Solicitor for his client, as well as on client money is in the hands of a barrister and solicitor and held by him with should not be.
Cost order fixing payable by solicitor 134. (1) where any order made on the application to the determination of the parties thereon be dipercajkan or liable pay him, or upon the application of a barrister and solicitor, costs for an order and the setting, unless the laws of Malaysia ACT 166124 the order was made after the expiration of one year, shall be paid according to the setting of the case — (a) if the Bills when prescribed less by one by six of the bills submitted , a barrister and a solicitor must pay the cost;
(b) if the Bill when the set is not less of one by six of the bills submitted, the parties thereto to be dipercajkan or liable, pay him, if the application is made by him, or he is present at the time of appointment, shall pay the costs.
(2) every order of any reference under section 125 shall direct the Registrar so that set the cost of the reference, and what to certified, when reference is made, who is found to be payable to or by a barrister and solicitor in respect of the Bill, and in respect of the cost of the reference, if it is payable.
(3) the Registrar shall certify any special circumstances relating to bills or fixing it.
(4) the Court may thereupon make such order as may be difikirannya fit and reasonable with respect to the determination of the cost pembayaraan.
(5) where any reference is made, but it is not allowed except under special circumstances, the Court may give any special instructions in respect of the cost of the reference.
Final determination 135 officer certificate. A certificate of the Registrar has put in place any final bill of the amount of the cost covered by it unless it was revoked or varied by the Court, and the Court may make such order as it thinks fit and reasonable in relation to the certificates, including, in the case if the lawyer fee is not disputed, an order that the sentence be stated for money as much as certified due with cost.
The legal profession 125 Government Rights to get costs not affected

136. There is nothing in this Act shall affect the right of the Government, which is hereby declared, when represented by any person referred to in paragraph 35 (2) (a) to get the costs awarded to him in or in respect of a suit or matter, and in any suit or the matter cost the Government shall be determined in accordance with any rules in effect at that time for set fees and the cost of advocates and solicitors as if one advocates and solicitors of the Court High which is not in government service were present on behalf of the Government.
Part X MISCELLANEOUS Board and Bar shall maintain an Office 137. (1) the Board and the Malaysian Bar each shall at all times hold and maintain an Office and respectively shall publish in the Gazette the Office address and any change of such address.
(2) all writs, plaint, notices, pliding, order, summons, warrants or other written communication required or permitted or ruled that usually reached or handed over or transmitted to the Board or Bar Malaysia shall be deemed to have usually reached, surrender or sent properly if left at the Office of the Board or Bar Malaysia, as the case may be.
Documents to be served can be sent by post to 138. (1) any document other than the document the process of the Court is required to be served or submitted under this Act shall be sent by post. (2) a certificate in writing signed by an officer of the Malaysian Bar or an officer of the Board or a member of the Bar Council stated that a document has been at and posted accordingly and specify the date it posted shall constitute prima facie evidence that the document was served.
Laws of Malaysia ACT 166126 (3) any document addressed to a barrister and solicitor at his final major single or appearing in the register of Practitioners shall be deemed to have been addressed accordingly.
The Bar Council or Bar Malaysia must obtain sums of 139. In addition to any other ways to get and to any rights, remedies or other authority vested in the Bar Council of Malaysia or any sum payable under this Act or under any rules or by-laws made thereunder may be obtained by the Bar Council or the Malaysian Bar as a debt in any court having jurisdiction who qualify.
The fee shall be determined by the Committee of 140 Method. The fee payable under section 18, 28 and 29 shall be determined from time to time by the Committee method and payment thereof shall be marked with a stamp pressure on documents.
The Bank shall not be bound to note are rights to the account of a barrister and solicitor of the 141. (1) subject to this section, there are a bank, in respect of any transaction relating to the accounts of a barrister and solicitor who saved with it or with any other bank (in addition to an account kept by the barrister and solicitor as trustee for certain beneficiary) has any liability or duty to make any inquiries, or be deemed to have any knowledge of any right of any person on any money paid or credited on any of the account , which is the liability that she will not do or in which he/she shall not have or knowledge that is not he will not be deemed to be in the case of an account kept by a person who is entitled at its absolute discretion to all moneys paid or credited thereto: provided that nothing-nothing in this subsection may release something the bank from any liability or obligation under which it would be liable under section 93 or this section.
The legal profession 127 (2) Notwithstanding anything in subsection (1), a bank where a barrister and solicitor keep an account for money his client may not, in respect of any liabilities of the barrister and solicitor to the bank, which is not a liability in respect of the account, have or get any help or right, whether by way of set-off , a counterclaim, pertanggungan or otherwise, against the funds in the account credit.
There are no estate duty payable for testamentary disposition to Bar 142. (1) there are any estate duty payable in respect of any amount of any testamentary disposition to Bar Malaysia, and value of the property transferred upon the death of a person shall be deemed to providers do not include the amount of a testamentary disposition is for the purpose of assessing estate duty rates.
(2) the Board and the Malaysian Bar shall each be deemed to be — (a) an institution specified in the first schedule to and under paragraph 13 (1) (e) income tax Act 1967; and (b) an institution of general type approved by the Minister for the purposes of paragraph 37 (2) (c) the income tax Act 1967.
SECTION XI TRANSITIONAL PROVISIONS Definition Of 143. (1) in this part, unless the contents of the lines require other meanings — "daftarai first" means the daftarai advocates and solicitors maintained under section 3 of the Ordinance;
Laws of Malaysia ACT 166128 "Local Bar Committee" and "the Bar Council" has the meaning given to this phrase in the Ordinance.
(2) this section shall have effect notwithstanding anything inconsistent therewith in any other provisions of this Act.
Naming the Board of 144. (1) the Authority respectively referred to in section 7 shall name a person to be a member of the Board in accordance with section it within one month of the commencement part II.
(2) the term of Office for members of the Board other than the Attorney General shall commence on the day the Board first met to Transact.
The Registrar shall transfer to Daftarai the name of a barrister and solicitor of the 145. (1) the Registrar shall transfer to Daftarai the names of all advocates and solicitors in daftarai first together with and in ascending order of their respective admitted as a barrister and solicitor.
(2) on the Registrar transfer can leave the name of any person known to the Registrar as the dead or as usually not resident in Malaysia.
(3) any person whose name has been left accidentally or incorrectly may apply to the Registrar so that his name is included in the Daftarai and on the application the Registrar shall forthwith enter the name of the applicant in Daftarai.
(4) every person whose name is entered in the Daftarai under this section shall, until the contrary is proved, be deemed to have been admitted as a barrister and solicitor accordingly under this Act.
The legal profession 129 (5) of section 107 shall apply to any person whose name has been removed, or cut, from daftarai first.
Definition of 146. (1) in this section the expression "petition that has not been resolved" means — (a) a petition filed pursuant to subsection (2); or (b) a petition filed before commencement part II in which no such order has been made for admission the petitioners as a barrister and solicitor when part II come into operation.
(2) Notwithstanding any Ordinance repealed, any qualified person who wishes to file a petition for admission as a barrister and solicitor before the Board established may do so under the Ordinance.
(3) subject to this section, section 5 to 9 Ordinance shall apply to every petition that has not yet been decided.
(4) sections 27 and 28 shall apply to every petition that has not yet been decided.
(5) If an order for a petitioner was admitted as a barrister and solicitor is not made in a petition that has not been decided before the expiry of twelve months from the commencement of this Act or any such extension as may be allowed by the court petition that has not been determined shall be deemed to have expired.
A certificate issued under section 26 certificate practices deemed to 147. A certificate issued under section 26 Ordinance shall, subject to the provisions relating to the suspension of the certificate of practice in this Act, and notwithstanding any date direndorskan on it, be deemed to be the certificate of practice issued under section 29.
Laws of Malaysia ACT 166130 the Bar Council and the Attorney General in Office at the date of this Act come into force 148. The Bar Council and Committee Lawyer who is in Office at the date of part V commencement shall continue to hold office until the meetings were held and selection for the State Bar Committee that new and new Bar Council was held in the manner and at the time provided in this Act.
Assets and the assets of the Bar Council and the Bar Local 149. All the property and assets of the Bar Council and the Committee of the State Bar shall, upon part V commencement, shall be vested in the Bar Council and the Bar State respectively without the Act or further formalities.
Exclusion of

150. (1) All applications and complaints made under section 27, 28 and 30 Ordinances and all proceedings before the Disciplinary Committee appointed under the Ordinance or before the Court under section 31 Ordinances shall be continued as if the application or the complaint has been made or the proceedings have been instituted under this Act, and for the purposes of this section any Disciplinary Committee appointed under the Ordinance shall be deemed to be the Disciplinary Committee appointed under this Act.
(2) this Act shall apply to all requests, complaints and proceedings, and if there is any doubt or difficulty of application shall be made by way of originating summons to the judge for instructions, and any order made by a judge under this section cannot be a matter of appeal and shall for all purposes be deemed to be under this Act.
The provisions of the Ordinance, a barrister and a solicitor shall apply in respect of remuneration of advocates and solicitors up to general orders made under the Act 151. Until the general orders made under section 113 establishes and regulates the remuneration of a barrister and solicitor in respect of matters not their remuneration shall be bertikaian, regulated by Ordinance.
The legal profession 131 PART XII REPEAL repeal of 152. (1) the advocate Ordinance and solicitors 1947 is hereby repealed.
(2) the advocate Ordinance Sabah [Chapter 2] and the Sarawak advocates Ordinance [Cap. 110] shall be repealed when this Act comes into operation in Sabah and Sarawak.
Laws of Malaysia ACT 166132 TABLE [section 88] PEGAWALAN PROPERTY of a BARRISTER and SOLICITOR in the PARTICULAR CASE 1. The Bar Council may require in order to be forwarded or delivered to any person appointed by the Bar Council at the time and place as may be prescribed by the Bar Council, and can take possession, all deeds, wills, documents forming or explain a letter belonging to any property, papers, books of account, vouchers and other documents record that is in the possession or control of a barrister and solicitor or his firm of, or relating to any trust of which he became a trustee sole or joint holders only with one or more of the partner, clerk or pekhidmatnya.
2. If any person is in the possession or control of any document that does not immediately comply with any of the requirements of — (a) he commits an offence and shall on conviction directly can be fined not exceeding five hundred ringgit; and (b) the High Court or judge may upon the application of the Bar Council order that person so as to comply with the requirement within the time stated in the order, and may at that time also ordered that when that person fails to comply with the requirements of the Bar Council officers one or more or a person appointed by the Bar Council or more for that purpose, can immediately enter any premises (using such force as is reasonably necessary for that purpose) to find , and take possession, the documents referred to in the previous paragraph.
3. After taking possession of the document, the Bar Council should be extend to a barrister and solicitor, and to every person from whom the document has been received, or that of its premise that document has been taken in accordance with an order made under paragraph 2, a notice giving particulars and the date of taking possession of the document.
4. Any requirements or notice under this Schedule shall be made in writing signed by the person appointed by the Bar Council for that purpose and may be communicated to any person either to him personally or by sending it by registered mail addressed to the place of residence or business of the last known.
5. Within fourteen days after the notice is served under paragraph 3, a barrister and solicitor or other person to whom the notice was served may apply to a judge in chambers to obtain an order directing the Tribunal Lawyers returned the document to the person from whom it was received, or that of its premises it has legal profession 133 taken, as the case may be , by the Bar Council or to any other person required by the applicant, and when listening to any of the application the judge may make such order as he thinks fit and reasonable in respect of such topics as.
6. If no application is made under paragraph 5 or if the judge to whom the application is made direct that the document continue to be in the custody or control of the Bar Council, the Bar Council can make an investigation to determine who is the people who have the document and can meguruskan the document according to the instructions of the person: provided that, before managing the document, the Bar Council can make a copy of , or extract from, any of the document.
7. The High Court or a judge of the High Court may, on the application of the Bar Council, ordered that no such payment is made, without the permission of the High Court or a judge, by any banker named in the order from any bank account in the name of a barrister and solicitor or his firm.
8. In any case if the Bar Council has taken possession under paragraph 1, and has not been required to restore it in accordance with paragraph 5, the following paragraphs shall apply, but without prejudice to the application of paragraph 16 to the extent that paragraph any of paragraphs mendahuluinya.
9. the Council, on a resolution in that behalf made by the Council, can control all sums due from a barrister and solicitor or to his client or his firm to his client, or held by him or his firm on behalf of his client or his client or which is subject to a trust for which he is the sole trustee or trustee together with one or more of the partners , a clerk or pekhidmatnya, and for that purpose the Bar Council shall deliver to the barrister and solicitor or his firm, and, except where section 98 applies, to a banker and to any other person who is in possession of and control over any amount of money that a notice, together with a certified copy of the resolution, prohibit payment of the sums of money other than in accordance with paragraph 11 or 12.
10. Within fourteen days after the notice is served under paragraph 9 a barrister and solicitor or his firm, or banker or other person to whom the notice was served, may apply to the judge in chambers to obtain an order directing the Bar Council to withdraw the notice, and upon hearing of the application the judge may make such order as he thinks fit and reasonable in respect of the matter.
11. Subject to the delivery of any notice under paragraph 9, and to any application that may be made under paragraph 10, the Bar Council or any person appointed for that purpose by the laws of Malaysia ACT 166134 Bar Council can spend money, or from time to time any part of the money in any bank account in the name of a barrister and solicitor or his firm , to be held on behalf of his client, and entering the money into a special account in the name of the Bar Council or the name of the person appointed by the Council and can handle, and otherwise manage, special accounts that may have been operated by a barrister and solicitor or his firm or otherwise manage the bank account: provided that a banker whom any such special account kept not obliged determine who the account is being operated or otherwise is being managed.
12. (1) subject to paragraphs 10 and 11, the Bar Council can serve a notice to a barrister and solicitor, or his firm, or banker or other person to whom a notice was served under paragraph 9, direct that, immediately after the conclusion of the eight days of the delivery of the first notice, any money referred to in the notice were transacted in accordance with the directions of the Bar Council : provided that — (a) no such instructions may be given by the Bar Council except with the approval of the people who have the money, and of a trust, with the approval of the Trustees, and, if a barrister and solicitor is the sole trustee of a trust or a trustee of the trust with one or more of the partner, clerk or pekhidmatnya, with the approval of the person is entitled beneficially on the money; and (b) the person to whom notice of the first that was presented is not the duty of determining whether approval has been obtained.
(2) in any case if the Bar Council was unable to determine who has the money or if the Bar Council thinks otherwise expedient to do so, the Bar Council may apply to the High Court or a high court judge to obtain instructions on pemindahmilikan the money.
13. If any person fails to comply with the requirements of any notice given under paragraph 9 or 12 — (a) he commits an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit; and (b) the High Court or a judge of the High Court Bar Council, on application, may order that person to conform to the requirements of the notice within the time specified in the order.

14. Subject to any order for payment of costs which may be made on an application under paragraph 2, 5, 7, 10, subparagraph 12 (2) or 13, any costs incurred by the Bar Council for the purposes of this Schedule shall be paid by a barrister and solicitor, and can be retrieved from it as a debt owed to the Bar Council.
The legal profession 135 15. If any claim or charge made or any proceedings taken against the Bar Council or pekhidmatnya or agents done or made by him or by them in good faith and in the exercise or the making of something purporting to exercise the powers or obligations ditanggungkan hereon or against them under or in accordance with this table, the Bar Council, or pekhidmatnya or agents , as the case may be, shall be paid in lieu of Compensation Fund for all or any costs or losses that might have been committed by him or by them in respect of a claim, charge or the proceedings.
16. The Bar Council may make regulations with respect to the procedure to be followed at the enforcement of paragraphs 1, 3, 4, 6, 9, 11 and subparagraph 12 (1) and in respect of any matter incidental, related to or be in addition to the provisions.
Laws of Malaysia ACT 166136 laws of MALAYSIA Act 166 of the legal profession ACT 1976 LIST of AMENDMENT law short title force amend the A367 Act from the legal profession Act 01-06-1977 (Amendment) Act 1977 A419 legal profession Act the entire Act (Amendment) Act 1978 24-01-1978;
with the exception of s. 2; 01-02-1999 [P.U. (B) 33/1999] Act A567 legal profession Act 16-12-1983 (Amendment) Act 1983 Act A812 legal profession Act 01-02-1992 (Amendment) order 1992 Act A861 legal profession Act 17-09-1993 (Amendment) Act 1993 Act A1197 Bankruptcy Act 01-10-2003 (Amendment) 2003 [P.U. (B) 295/2003] the legal profession 137 laws of MALAYSIA Act 166 of the legal profession ACT 1976 AMENDED SECTION LIST the power to amend Section 3 of the Act in force A567 16-12-1983 Act A812 01-04-1992 5 Act A567 16-12-1983 6 Act A567 16-12-1983 7 Act A567 16-12-1983 8 Act A567 16-12-1983 9 Act A567 16-12-1983 10 Act A567 16-12-1983 11 Act A567 16-12-1983 12 Act A567 16-12-1983 13 Act A367 01-06-1977 Act A567 16-12-1983 14 Act A567 16-12-1983 15 Act A567 16-12-1983 Act A812 01-04-1992 16 Act A367 01-06-1977 Act A567 16-12-1983 18 Act A567 16-12-1983 19 Act A567 16-12-1983 25 Act A567 16-12-1983 26 Act A567 16-12-1983 28 Act A567 16-12-1983 29 Act A567 16-12-1983 laws of Malaysia ACT 166138 30 Act A367 01-06-1977 32 Act A567 16-12-1983
33 the Act A567 16-12-1983 36 Act A567 16-12-1983 37 Act A367 01-06-1977 38 Act A367 01-06-1977 42 Act A567 16-12-1983 A419 Act 44 01-02-1999 46 Act A567 16-12-1983 46A A419 Act 01-02-1999 47 Act A567 16-12-1983 50 Act A567 16-12-1983 A567 Act 54 16-12-1983 57 Act A567 16-12-1983 A567 Act 62 16-12-1983 A567 Act 64 16-12-1983 A567 Act 65 16-12-1983 67 A419 Act 01-02-1999 Act A567 16-12-1983 Act A812 01-04-1992 68 A812 Act 01-04-1992 70 A419 Act 01-02-1999 Act A567 16-12-1983 Act A812 01-04-1992 a.70A Act A567 16-12-1983 Act A812 01-04-1992 A567 Act 71 16-12-1983 Act A812 01-04-1992 73 A567 Act 16-12-1983 76 Act A567 16-12-1983 Section Power amend the effective legal Profession Act 139 77 A567 16-12-1983 78 Act A567 16-12-1983 78A A812 Act 01-04-1992 79 A367 Act 01-06-1977 Act A567 16-12-1983 80 A567 Act 16-12-1983 83 Act A367 01-06-1977 84 Act A367 01-06-1977 85 A567 Act 16-12-1983 A567 Act 88 16-12-1983 88A A567 Act 16-12-1983 Act A812 01-04-1992
92 Act A567 16-12-1983 93 Act A367 01-06-1977 Act A567 16-12-1983 Act A812 01-04-1992 94 Act A812 01-04-1992 95 A567 Act 16-12-1983 Act A812 01-04-1992 96 Act A367 01-06-1977 Act A567 16-12-1983 Act A812 01-04-1992 Act A861 17-09-1993 97 Act A567 16-12-1983 Act A812 01-04-1992 Act A861 17-09-1993 98 Act A367 01-06-1977 Act A567 16-12-1983 Act A812 01-04-1992 99 A567 Act 16-12-1983 Act A812 01-04-1992 Section Power amend the effective laws of Malaysia ACT 166140 100 A367 Act 01-06-1977 Act A567 16-12-1983 Act A812 01-04-1992 Act A861 17-09-1993 A567 Act 101 16-12-1983 Act A812 01-04-1992 Act A861 17-09-1993 102 A567 Act 16-12-1983 Act A812 01-04-1992 103 A567 Act 16-12-1983 Act A812 01-04-1992 Act A861 17-09-1993 103B A861 Act 17-09-1993 103D A861 Act 17-09-1993 103H Act A861 17-09-1993 103I A861 Act 17-09-1993 103J A861 Act 17-09-1993 104 Act A567 16-12-1983 107 A567 Act 16-12-1983 108 Act A567 16-12-1983 Act A812 01-04-1992 109 A812 Act 01-04-1992 110 A812 Act 01-04-1992 111 Act A812 01-04-1992 117 A567 Act 16-12-1983 118 A567 Act 16-12-1983 119 A567 Act 16-12-1983 121 A367 Act 01-06-1977 123 A368 Act 01-06-1977 136 A567 Act 16-12-1983 Section Power amend the effective legal Profession Act 141 137 A567 16-12-1983 138 A567 Act 16-12-1983 139 A567 Act 16-12-141, 1983 Act A367 01-06-1977 Act A567 16-12-1983 142 A567 Act 16-12-1983 145 A567 Act 16-12-1983 146 A367 Act 01-06-1977 147 A567 Act 16-12-1983 149 A567 Act 16-12-1983 150 A567 Act 16-12-1983 A567 Act Schedule 16-12-1983
Power to amend section effect