PROFESSIONAL

PRACTICE I
LAW 4510
TOPIC 5
The Law Firm

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THE LAW FIRM

•  A law firm is a business en0ty formed by one or
more lawyers to engage in the prac0ce of law.
•  The primary service rendered by a law firm is
to:
o  advise clients (individuals or corpora0ons)
about their legal rights and responsibili0es,
o  represent clients in civil or criminal cases,
business transac0ons, and other maAers in
which legal advice and other assistance are
sought.
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Under Code 74110 of the Malaysia Standard Industrial Classifica0on:

•  Legal services include advice and representa0on in civil, criminal
and other cases, i.e. representa0on of one party's interest against
another party, whether or not before courts or other judicial
bodies.

•  These ac0vi0es are generally performed by, or under supervision

of, persons who are members of the Malaysian Bar.

•  Also included are ac0vi0es in connec0on with patents and

copyrights, with the prepara0on of deeds, wills, trusts, etc., and
ac0vi0es of notary public, arbitrators, examiners and referees.

•  However, it excludes court ac0vi0es which are classified in item

75235: Judiciary and Legal Service.
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Other services:

Corporate, Commercial and Financial Legal Services

Areas:

Corporate maAers; dispute resolu0on; intellectual property

Sectors include:

Investment banking, lending ins0tu0ons, stockbroking, financial
services, insurance, venture capital, investment funds, shipping and
transport, infrastructure, property development, hotels, oil and gas,
engineering, construc0on, planta0ons, agriculture, informa0on
technology, biotechnology, manufacturing, retail chain, mul0-
na0onals and interna0onal law firms.

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 LICENSING AND REGISTRATION
1.1 RegistraJon with Companies Commission of Malaysia.

Law firms are not corporate en0tles and are not required to register with the Companies Commission of
Malaysia (CCM)

1.2 RegistraJon with the Bar Council of Malaysia/Sabah Law AssociaJon/Advocates’ AssociaJon of
Sarawak

Bar Council of Malaysia is the body that regulates the provision of legal services in Peninsula Malaysia.
Legal firms registered with the Bar Council is required to maintain a 100% Malaysian an equity
ownership.
As at of 3 June 2014 foreign legal services suppliers are allowed to prac0se in Malaysia with respect to
certain areas of law.
The provision of legal services in the State of Sabah is regulated by the Advocates Ordinance of Sabah ad
the provision of legal services in Sarawak is regulated by the Advocates Ordinance of Sarawak.
An advocate and solicitor can prac0se,
•  either on his own account as a sole proprietor, or
•  in partnership, or
•  employed as a legal assistant .
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 Requirements for seUng up Legal
PracJce in Peninsular Malaysia
Types of Establishment Requirements
•  The advocate(s) and solicitor(s) must prac0se under the approved name of the
Sole Proprietorship and firm.
Partnership •  The advocate(s) and solicitor(s) must write to the Bar Council seeking approval to
set up a firm with the proposed name of the firm, date of commencement,
address, telephone, fax numbers, and e-mail addresses. The leAer shall be signed
by the sole proprietor/partner.
•  The proposed name of the firm shall be in accordance with Sec0on 85 of the LPA
1976.
•  Once the name is approved, the firm shall obtain the mandatory Professional
Indemnity Insurance cover.

SeUng up a branch office •  To set up a branch office, the firm must comply with Rule 59 of
the LP(P&E)R, 1978.
•  The firm must write to the Bar Council with the details of the
branch that they propose to set up including the name of the
resident lawyer and an undertaking to comply with Rule 59 of the
LP(P&E)R. The leAer shall be signed by the all the partners/sole
proprietor of the firm.

Merger The Bar Council must be no0fied of a merger. The leAer inform.ng
the Bar Council shall be signed by the partners/sole proprietor of
the firms that are merging.

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To set up a prac0ce in the legal service, a pre-requisite is the
possession of the Annual Cer0ficate (Sijil Annual) from the Bar
Council of Malaysia issued pursuant to Sec0on 32 of the Legal
Profession Act 1976 and Prac0sing Cer0ficate from the High
Court of Malaya.

The Annual Cer0ficate and the Prac0sing Cer0ficate expire on
31 December of each year and must be renewed before 31
December.

Applica0ons for renewal are normally made in the month of
September of the preceding year.

For more informa0on on star0ng up a legal prac0ce in
Malaysia, please refer to
www, malaysianbar.org.my/no0ces_ for members/star0ng_a_new_prac0ce.html
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 SeUng up of a New Firm
Rule 7.06 Bar Council Rulings 1977

(1)  Any individual or individuals who wish(es) to set up a legal firm either as a
sole proprietor or partnership shall inform the Bar Council in wri0ng of his/
her (their) inten0on to do so.
This no0ce in wri0ng must be executed by the intending sole proprietor or all
the intending partners.

(2) The said no0ce shall contain the following par0culars:
(a) Proposed name of the legal firm in accordance with sec0on 85 of the Act;
(b) Proposed address of the new firm;
(c) Proposed date of commencement of opera0on of the new firm; and
(d) Proposed telephone, fax numbers and e-mail address of the new firm.

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(3) The approval of the Bar Council is required for the proposed name of the new
firm.

(a) In the event that the proposed name is already a registered name of
another legal firm or is not in accordance with sec0on 85 of the Act, the
Bar Council will issue a LeAer of objec0on to the proposed name. The
intending sole proprietor or partners shall be required to submit a fresh
name for approval.

(b) In the event that the proposed name is not a registered name of another
legal firm and is in accordance with sec0on 85 of the Act, the Bar Council
will Issue a leAer of no objec0on to the proposed name subject to
compliance with the following requirements:
(i) The intended sole proprietor or partners is/are in possession of current
and valid Sijil Annual and prac0ce cer0ficates(if applicable); and
(ii) The intending sole proprietor or partners has/h.ve obtained the
required Mandatory Professional indemnity Insurance cover for the new
firm
(c) Upon the issuance of the leAer of no objec0on by the Bar Council, the new
firm and its par0culars shall be recorded in the Bar Council Membership
Department system accordingly. 9
SeUng up PracJce from Residence

Rule 7.04 Bar Council Rulings 1977-

An Advocate and Solicitor may
operate his/her prac0ce from his/
her residence.

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 Professional Indemnity Insurance
•  Once the name of the firm is approved, the new firm shall obtain the
mandatory Professional Indemnity Insurance (Pll).

•  Under the Legal Profession (Professional Liability) (Insurance) Rules, 1992,

every advocate and solicitor must be insured under the PII Master Policy
taken out by the Bar Council in the name of the Malaysian Bar.

•  The purpose of the PII is to provide indemnity against such classes of

professional liability s0pulated under the Master Policy and Cer0ficate of
Insurance (COI).

•  The current PII Policy is a claims-made Policy and the terms of the Policy
and COI are reviewed by the Bar Council annually to ensure efficiency and
equitability.

•  Possession of PII cover is a pre-requisite to the issuance of the Annual

Cer0ficate.

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 Business Licence
•  Any business intending to set up an office is required to
obtain a business premise/signboard licence from the
respec0ve local authori0es, depending on the nature of the
business ac0vity.
•  There are 179 local authori0es in Malaysia which are
responsible for approving business premise and signboard
licences. The requirements for obtaining a business
premise/signboard licence may vary according to the
condi0ons requirements set by each local authority.
•  Applicants are advised to contact the relevant local
authority (based on the loca0on of the business premises)
regarding the specific rules and regula0ons pertaining to
business premise/signboard registra0on. The fees may vary
according to each of the local authori0es.
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 EQUITY POLICY
•  A legal firm registered with the Bar Council of Malaysia is
required to maintain a 100% Malaysian equity ownership.
•  The Government had announced on 7 October 2011 that
legal services would be one of the 17 services subsectors
that would be liberalized .
•  Opening up the legal services requires an update in the
form of an amendment to the Legal Profession Act, 1976.
Parliament in its sihng in July 2012 passed the Legal
Profession (Amendment) Act, 2012.
•  The new Act permits foreign law firms and foreign
lawyers to prac0ce in Peninsular Malaysia in the manner
set out in the relevant provisions therein.
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Law Firm: Structure and OrganizaJon
•  Source: hAp://prac0ce.findlaw.com/how-to-start-a-law·
firm/how-to-start-a-law-firm-organiza0onal-structure.html

•  There are several op0ons.
•  Largely depend on the jurisdic0on the prac0ce and reali0es
of the circumstances.
•  There will be some advantages and disadvantages.
•  The key is to carefully weigh op0ons and make the best
decision in light of all the relevant informa0on.
•  Two, some0mes conflic0ng, guiding interests:
o flexibility, and
o security.

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•  Flexibility - law firm structure chosen should not
encumber the growth and mobility of prac0ce;

•  Security - legal structure of prac0ce should expose it to
the least amount of liability.

Think of these interests as spectrum with each interest on
opposite, extreme ends.

A good law firm structure will find the right balance

between the two ends.

There are common law firm structures that must be

weighed to see if they are compa0ble with flexibility vs.
security profile.
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 Sole Proprietorship
•  A sole proprietorship represents the ul0mate in flexibility.
•  Most solo prac00oners are organized as sole proprietorships.
•  A sole proprietorship is a type of unincorporated business
en0ty where the business is owned and managed by a single
individual.
•  Legally, o sole proprietorship is not separate from its owner.
Therefore, management flexibility is the most significant
advantage to a sole proprietorship. As a sole proprietor, you
ore free to set your hours, pick the type of prac@ce you want,
determine earnings, and decide which clients to take and
which ones, if any, to turn away. A sole proprietor is en@tled
to all of the firm's profits.
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A sole proprietorship, however, has its challenges.
Some of these challenges may include:
o a limita0on on sources of funding for your prac0ce,
o carrying the administra0ve burden of your
prac0ce alone, and an exponen0al increase in
work just to generate sufficient client base to
sustain your prac0ce.
o As a sole proprietor you will bear the full personal
responsibility for all of the firm's debts or
obliga0ons; a sole proprietorship does not have
the benefit of a corporate shield.

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 Trade or Fic22ous Business Names
•  An ancillary issue oken associated with the choice of a sole
proprietorship structure for a legal prac0ce is the issue of trade or
fic00ous business names.
•  This issue usually arises in the context of a sole proprietorship
because, and although generally, the legal name of a sole
proprietorship is the person who owns or operates the
proprietorship, you may want to give your law prac0ce a name that
is different from your name, i.e., a trade or fic00ous name.
•  The ques0on then becomes whether under the canons of legal
ethics, trade names are permissible.
•  As to the first ques0on, the issue of whether a lawyer can ethically
prac0ce law under a trade name is best directed to the Bar Council.
•  But generally lawyers are permi`ed to use a trade name as long as
the name is not decepJve or misleading.
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General Partnership
• 
A general partnership is another structural op0on,
especially if you are considering star0ng your law prac0ce
with another lawyer.
•  A partnership is a business organiza0on in which two or
more individuals, called partners, jointly own the business.
•  Partners share jointly in the profits or losses of the firm.
•  Partners may par0cipate equally in managing the
partnership, or they may designate a managing partner.

•  Liability of Partners - Partners are subject to personal

liability for all of the firm's debts or other obliga0ons.
•  Limited Liability Partnerships (LLP) - LLP normally allows
professionals to avoid personal liability for the malprac0ce
of other partners.
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Limited Liability Partnership (not recognized in
Malaysia)

•  Staying within the confines of a partnership structure, a limited
liability partnership is also another common structure for a law
prac0ce.
•  A limited liability partnership differs from a general partnership in
one major respect: unlike a general partnership, liability for the
partnership's debt in a limited liability is not borne equally by all the
partners. Therefore, the share of profits is also uneven.
•  But, for several legal and prac0cal reasons, a limited partnership
may be ideal for your law prac0ce, par0cularly if you are star0ng the
prac0ce with several lawyers.
•  Dual taxa0on is also a concern with a limited liability partnership.
•  You should consider how best to address this problem with your
accountant or a business lawyer.
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Limited Liability Company (not recognized
in Malaysia)
• 

Recently, limited liability companies have become the
preferred corporate structure in many industries. This
is so because a limited liability company is a hybrid
en0ty that provides the organiza0onal flexibility of a
sole proprietorship coupled the liability shield of a
corpora0on.
•  Think of a limited liability company as the best loca0on
to perch on the flexibility v. security spectrum.
•  Despite its advantages, however, many jurisdic0ons
(including Malaysia) do not allow the prac0ce of law
under a limited liability company structure.

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The Bo`om Line

•  The boAom line is that the choice of the type of
law firm structure you pick is an important one.
•  The type of law firm structure you select will
determine, for instance, how much tax you pay
and whether others can sue you for the ac0ons
or inac0ons of your law prac0ce.
•  You should therefore spend an appreciable
amount of 0me thinking about your op0ons, and
talking to your account and business lawyer to
determine the right choice for you.
•  - See more at: h`p:/fpracJce.findlaw.com/how-to-start-a·law-firm/how-
tostart-a-law-firm-organizaJonal-structure.html#sthash.B5zxUpNL.dpuf
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Useful Site for StarJng a Law Firm

•  hAp://xes.cx/star0ng-a-law-firm-in-malaysia/

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 LAW OFFICE MANAGEMENT AND
PERSONNEL
•  The lines of authority and accountability vary from firm to
firm, depending on the firm's size and its organiza0onal
and management preferences
•  In larger firms, there may be a legal-assistant manager
who coordinates and oversees paralegal staffing and
paralegal educa0onal and professional development.
•  Some firms may have a legal administrator to run the
business end of the firm.
•  Small firms may have an office manager handling the
administra0ve aspects of the firm.
•  Support personnel in a large firm includes secretaries,
recepJonists, bookkeepers, file clerks, messengers, and
others.
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 StarJng a Career in Law
•  Upon comple0on of the pupillage, you will be called to the Bar
and become a full-fledged lawyer to prac0se law.
•  Like many peers joining law firms, you will hold the posi0on of
Legal Assistant or Associate with a star0ng salary of RM3,000
to RM3,5OO per month in Klang Valley.
•  Aker three to five years, you may be promoted to become
Senior Legal Assistant or Senior Associate.
•  When you work with a rela0vely small-sized law firm, you may
be made its partner at this stage.
•  In most reputable or large law firms, you will only be
admi`ed as a Partner afer you have acquired at least seven
to eight years' post-qualifying experience (PQE).
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In general, there are two types of partnership in Malaysia:
•  salaried partner, or
•  equity partner.
As a salary-earning partner, you are not enJtled to profit sharing of
a law firm. In reality, you are an employee (as opposed to an owner)
of the firm, which will pay you a monthly salary plus a discre0onary
year-end bonus.

On the other hand, an equity partner is a co-owner of the firm
where you will get a fixed percentage of the profit-sharing of the
firm's total net profit. Some0mes, you are required to buy its
"shares" and can "sell" them when you decide to leave the
partnership.

In some situa0ons, you will be given the "shares" (or "points") for
free; you may not sell or transfer them when you leave the
partnership.
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 EMPLOYMENT POLICIES
A. Performance EvaluaJons
•  Many law firms conduct periodic performance evalua0ons on their employees
•  Know what is expected of you.
o  When you begin work as legal assistant, learn at the outset exactly what your
du0es will be and what performance is expected of you.
•  Be prepared.
o  Keep track of accomplishments so that you can point them out to your supervisor
at your evalua0on
•  Get the most from your performance evalua0on
o  You can gain valuable feedback, ‘earn more about your strengths and weaknesses,
and iden0fy the areas in which you need to improve your skills.
B. Employment TerminaJon
o  Almost al policy manuals address the subject of employment termina0on.
C. Employment DiscriminaJon
o  Tradi0onally , employers may hire and fire employees at will for any reason or no
reason at all.
o  Under Ar0cle of the Federal Cons0tu0on employers may not fire employees for
discriminatory reasons. 27

General ResponsibiliJes of a Lawyer

•  There are many different general responsibili0es
of a lawyer.
•  This individual will represent clients in court,
media0ons, business transac0ons and other
important legal proceedings or arrangements
where the law will be discussed.
•  The lawyer meets with the clients before, during
and aker legal proceedings to ensure that the
client fully understands all aspects of their case.
•  In general, the lawyer is the individual who
represents another in all issues where legal
representa0on is advised and deemed necessary.
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Specific DuJes of Lawyers
• 
A lawyer has many du0es relevant to their occupa0on.
•  One important duty that the lawyer must perform in their
profession is maintaining client contact.
•  Lawyers always represent someone, whether it be an
individual or en0ty, and therefore it is important that the
lawyer report all progress and perJnent informaJon to their
client in order to keep them well informed.
•  Another specific duty of lawyers is to provide in-person
representaJon at court hearings and other legal proceedings.
•  Whether the lawyer is involved with criminal li0ga0on or civil
li0ga0on, there is most likely going to be some form of legal
proceeding that they must aAend on behalf of their client.
•  The lawyer in this duty will speak on behalf of the client and
advise the client on how to proceed.

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As stated earlier, the role of a lawyer is not simply to appear in
court and argue passionately on behalf or the client.
There is a mul0tude of background work which lawyers must do in
order to adequately prepare a case or pursue a legal maAer.

•  Drafing
There are many legal documents that need to be draked and
although legal clerks and secretaries can drak some of these
documents, there are s0ll many lawyers who choose to do so
themselves.

•  Making contacts
Contact with clients is not the only type of conversa0on which
lawyers must have with individuals.
Lawyers spend a great deal of 0me talking on the phone,
nego0a0on, sending e-mails and e-mail correspondence and faxing
per0nent documents to and from involved par0es.
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 •  Reading and reviewing documents

Again legal clerks and secretaries can help with this voluminous task
but lawyers should try to do as much as they can themselves
whenever possible and be sure to review all documents before they
leave the office.
There are certain du0es which must be performed by the lawyers
themselves, such nego0a0ng with opposing par0es, for example.

•  Researching

Another important duty which lawyers engage in on a frequent basis
is research. There are many different forms of research which
lawyers can do such as researching statutes, procedural rules,
evidence, per0nent documenta0on and more. A large por0on of a
lawyer's 0me is spent reviewing and compiling research to aid them
in the representa0on of a client.
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 Traits of an EffecJve Lawyer
In order for an individual to be an effec0ve lawyer, he/she must
have certain traits and aAributes in order to excel in this occupa0on.
•  One important trait which lawyers should possess is that of arJculaJon. A
lawyer who can ar0culate effec0vely is one who will be more likely to succeed
not only against opposing par0es in court but also to impress and put their
client at ease as well. An ar0culate lawyer is one who w ill see results.
•  Another trait which lawyers should have is intelligence. Having this
posi0ve aAribute will ensure that the person represen0ng the client is one
who is smart enough to know what to do, when to do it and how to go about
gehng the results which are necessary to win the case and/or abide by the
client's wishes. A lawyer who uses their brain is more likely to see the best
possible outcome from a case.
•  It can arguably be said that those who become lawyers are individuals who like
reading. The legal profession is filled with volumes of laws, regula0ons,
cases and rules. If one does not favor reading. then becoming a lawyer may
not be the best bet, as the legal field is one which requires massive amounts of
reading.

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•  Good comprehension skills are another valuable trait which all lawyers should
have. Although one who likes to read may be a candidate for the legal profession, this in
and of itself means nothing if the person reading does not comprehend that which t hey just
read. Statutes and procedural rules are difficult to understand at 0mes and those who
have good comprehension skills may prosper at being a lawyer as they will have to read
the per0nent documenta0on much less than those without good comprehension skills.

•  A good personality and willingness to work well with others are
two addi0onal posi0ve traits which all lawyers should possess. Some people may think t hat
lawyers have to be tough as nails in order to excel in the legal profession but this is not
en0rely true. Although steadfast determina0on is a good trait to have, it does not mean a
whole lot if one does not have a good personality and willingness to resolve maAers. The
saying that one can catch more flies with honey than vinegar is also relevant with regard to
being a lawyer. Nego0a0ons go much beAer when the lawyers put their best foot forward
and are willing to come to an amicable solu0on.

•  Lastly, persuasiveness is an addi0onal trait which all lawyers should possess. Since
the legal profession is based around lawyers persuading individuals to see t heir point of
view, a lawyer must be persuasive in their speech and tac0cs. A lawyer who can get their
point across and persuade individuals o acknowledge it is one who will see many victories.

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 CONDUCT OF BUSINESS
Legal Profession (Prac0ce & E0queAe) Rules 1978
•  Legal profession to be the only profession

o  Rule 7 (a) - Remunera0on as Member of Parliament or State
Assembly
An advocate and solicitor shall not accept any remunera0on for
that which he does in his capacity as a Member of Parliament or
of any State Legislature, other than emoluments received by him
as a Member of Parliament or of any State Legislature.
o  Rule 7 (b)-Accep0ng posi0on as Execu0ve Director or Secretary of
Company
No advocate and solicitor may accept the posi0on of an execu0ve
director or execu0ve secretary of a company without the express
consent of the Bar Council.

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•  Not to ac2vely carry on any trade.

o  Rule 44
(a) An advocate and solicitor shall not ac0vely carry on any trade
which is declared by the Bar Council from 0me to 0me as
unsuitable for an advocate and solicitor to engage in or be an
ac0ve partner or a salaried officer in connec0on therewith.
(b) An advocate and solicitor shall not be a full-0me salaried
employee of any person, firm (other than advocate and solicitor or
firm of advocates and solicitors) or corpora0on so long as he
con0nues to prac0se and shall on taking up any such employment,
in0mate the fact to the Bar Council and take steps to cease to
prac0se as an advocate and solicitor so long as he con0nues in such
employment.
Syed Mubarak bin Syed Ahmad v Majlis Peguam Malaysia [2000] 3
AMR 3048
35
 Not misconduct herself
• 

o  SecJon 94 (O) LPA 1976

Advocate and solicitor shall conduct herself in a way which
is unbefihng of an advocate and solicitor or which brings
or is calculated to bring the legal profession into disrepute.

• Advocate and solicitor not to appear where
pecuniarily interested
o  Rule 27
(a) An advocate and solicitor shall not appear in any maAer
in which he is directly pecuniarily interested.
(b) This rule does not apply to the case of an advocate and
solicitor appearing himself to tax his own costs.
36
•  Not to purchase client's interest - con2ngency
fees
o  SecJon 112 LPA 1976
(1) Except as expressly provided in any wriAen law, or by
rules made under this Act, no advocate and solicitor shall,
(a) purchase or agree to purchase either directly or indirectly
an interest or any part of the interest which is the subject
maAer of his client or that of the other party in the same suit,
ac0on or other conten0ous proceeding brought or to be
brought or maintained; or
(b) enter into any agreement by which he is retained or
employed to prosecute any suit or ac0on or other conten0ous
proceeding which s0pulates for or contemplates payment only
in the event of success in such suit, ac0on or proceeding.
37
 Duty not to procure employment
• 

o  SecJon 94(3) (g) LPA 1976

(g) Advocate and solicitor is prohibited from

directly or indirectly procuring or aAemp0ng to
procure the employment of himself or any other
advocate and solicitor through or by the
instruc0on of any person to whom any
remunera0on for obtaining such employment has
been given by him or agreed or promised to be so
given.

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•  Advocate and solicitor not to stand as bailor or
surety for client
o  Rule 40

An advocate and solicitor shall not stand as a surety or bailor for his client required for the
purpose of any legal proceedings.

Notes
It Is the duty of bailor to ensure (in criminal cases) that accused who is out on bail in court
on said date (be it men0on or hearing date).
Failing this duty - court would issue show cause no0ce to bailor asking to give reasons as
to why bail sum should not be forfeited. (Sec0on 404 CPC)
• The onerous responsibility should not be shouldered by counsel
• As officer of the court counsel should be above these maAers and not to get personally
involved with client. Otherwise objec0vity may be compromised.
Sec0ons 294 and 173A of CPC allows court to hand out a sentence of binding over instead
of imprisonment.
For this purpose, surety is required to ensure that during the period of biding over
accused abide by condi0ons imposed by court.
For similar reasons as bailor, advocate and solicitor is prohibited from being client 's
surety. 39
•  Advocate and solicitor not to ask for excuse
from assignment
o  Rule 8

Subject to any Rules of Court made in this behalf,
an advocate and solicitor assigned as counsel or
advocate and solicitor in any civil or criminal maAer
(i) shall not ask to be excused for any trivial reason
and
(ii) shall always exert his best effort in that
assignment.

40
 Advocate and solicitor who has advised
•

Arbitrator cannot appear in arbitra2on

proceedings

o  Rule 41

An advocate and solicitor who has in an
arbitra0on acted for the Arbitrator in
advising him on points of law shall not
advise or appear for one of the par0es in
any proceedings rela0ng to the arbitra0on
or award.
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• Prohibi2on against tou2ng
o  SecJon 94(3) (h) LPA 1976

Advocate and solicitor commits a misconduct under the
Act by accep0ng employment in any legal business
through a tout.

•  Not to allow unauthorized person to carry on

business
o  SecJon 94(3) (i) LPA 1976
Advocate and solicitor shall not allow any unauthorized
person to carry on legal business in his name without his
direct and immediate control as principal or without
proper supervision.
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• Not to be controlled by any agency

o  Rule 61 LP(P&E) R 1978
An advocate and solicitor shall not permit himself
to be controlled or exploited by any lay agency
intervening between client and himself.

43
 RULES ON ADVERTISING OF SERVICES
Bar Council Rulings 1977

•  5.01. The Overriding Principles
o  It is the duty of every Advocate and Solicitor to uphold the dignity and high
standing of the legal profession and his/her own dignity as a member of it.

o  Except to the extent expressly allowed by the Publicity Rules or by these

Rulings, an Advocate and Solicitor shall not do or cause or allow to be done,
whether directly or indirectly, anything for the purpose of tou0ng or which
is likely to lead to the reasonable inference that it is done for that purpose.

o  Whilst an advocate and solicitor is en0tled to such professional

adver0sement as is the necessary consequence of the proper exercise of his
profession or of any act otherwise properly done by him, it is contrary to
professional e0queAe for an advocate and solicitor (or his firm) to do, or
cause or permit to be done, anything with the primary mo0ve of
professional adver0sement, or anything likely to lead to the reasonable
inference that it Is so mo0vated.
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•  Advocate and Solicitor not to publicize except
in accordance with these Rules
o  Rule 4 Legal Profession(Publicity)Rules 2001
(1) No Advocate and Solicitor shall publicize his prac0ce or the
prac0ce of his firm, or permit or allow any of his employees or
any other person to publicize that prac0ce, in any manner
except in accordance with these Rules.

(2) No Advocate and Solicitor shall solicit or aAempt to solicit
professional business by doing or permihng to be done
anything which, by its manner, frequency or otherwise, will
have, in the opinion of the Bar Council, the effect of publ icizing
his prac0ce or the prac0ce of his firm in a manner which is
inconsistent with or not permiAed by these Rules.

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 Publicity within Malaysia
• 

o  Rule 5 LP(P)R 2001

1) An Advocate and Solicitor who publicizes his prac0ce or the prac0ce of his firm within
Malaysia -
(a) shall not do so,
(i) in a manner as will be likely to diminish public confidence in the legal profession or
to otherwise bring the le1al profession into disrepute; or
(ii) in a manner as may reasonably be regarded as being ostenta0ous, in bad taste,
misleading, decep0ve, inaccurate, false, sensa0onal, intrusive, offensive or in any
other way unbefihng the dignity of the legal profession,

(b) shall not in the publicity -
(i) make any claim that he or any other Advocate and Solicitor prac0sing in his firm is
a specialist or expert in any area of prac0ce,
(ii) make any direct or indirect reference to the number or propor0on of cases that
have been successfully undertaken by him or his firm, or to his earnings or the
earnings of any other Advocate and Solicitor prac0sing in his firm;

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(iii) state anything that would be construed as offering any
inducement to, or imposing any duress, upon any person as a
means of obtaining professional business for himself or his
firm,
(iv) make any statement rela0ng to the rates charged by him or his
firm, or to his or his firm's methods of charging;
(v) make any laudatory references to himself or his firm, or directly
or indirectly extol the quality of the professional services
provided by him or his firm;
(vi) make any comparison with, or cri0cism in rela0on to, the
charges for, or the quality of, services provided by any other
Advocate and Solicitor or firm;
(vii) Incorporate the armorial bearings of the Malaysian Bar and Bar
Council; or
(viii) refer to the appointment of an Advocate and Solicitor
currently or previously Prac0sing in his firm to a judicial office.
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•  Advocate and solicitor not to publish
photograph
o  Rule 48

An advocate and solicitor shall not take steps to procure the publica0on of his
photograph as a member of the Bar in the press or any periodical.
('This rule prohibi@ng a member from the publica@on of his photographs in the
Press or any periodicals has been waived by the Bar Council with the approval of
the AGorney General pursuant to Rule 62 with effect from 1 June 2003.)

5.10. PublicaJon of photographs

The publica0on of the photograph of an Advocate and Solicitor in a
brochure or other publicity material is permissible provided that
the photograph is not incompa0ble with the dignity of the legal
profession.
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•  Advocate and solicitor not to solicit reporJng

o  Rule 49

It is contrary to e0queAe for an advocate and solicitor to solicit the

repor0ng of any maAer in which he has been professionally
engaged. However, the said advocate and solicitor may consider and
revise reports of cases in which he has been professionally
engaged so as to ensure the correctness of the report.

Nobility of legal work demands that there is no self aggrandizement.

However, general view now is that adver0sement should be allowed
but with certain strict condi0ons.

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Further Rules under Bar Council Rulings 1977

2.04. Display of nameplate and signboard

(1) The nameplate of a law firm may be placed at the main
entrance of an Advocate and Solicitor's residen0al premises
only if his/her law firm is located at such residence.

(2) No nameplate of a law firm shall be placed on any road leading
to or on any road in the vicinity of the law firm.

(3) No arrows or other signs indica0ng direc0on to a law firm are
permiAed, except where there may be difficulty in loca0ng such
law firm (for example, in a mul0-storey complex), provided,
however, that the arrows/pointers or other signs are discreet,
unobtrusive and not incompa0ble with the dignity of the legal
profession.
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Rule 9 Legal Profession (Publicity) Rules 2001:
Nameplate

(1) An Advocate and Solicitor shall display a nameplate on the
outside of the premises at which his firm is located.
(2) The nameplate referred to in sub-rule (1) shall contain only
approved informa0on and shall not be larger than 92
cen0meters by 61 cen0meters.

Rule 10 legal Profession (Publicity) Rules 2001.

Building directory

An Advocate and Solicitor may cause the name and address of his
firm to be listed in the directory of the building at which that firm
is located.
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2.05. Lighted nameplate and signboards

Nameplates and signboards shall not be illuminated.

In ordinary circumstances the colour of the signboard must be
unobtrusive.

Only one signboard is permiAed for each office .

If office of advocate and solicitor is in a mul0-storey complex the
situa0on might warrant addi0onal signboards.

Again, the signboard should not be put up in a manner of an
adver0sement; but only for ease of func0oning of legal prac0ce
(such as for ease co clients to locate office).

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2.02. Firm name in vernacular language to be
approved

A firm intending to use a vernacular language version of its
name (i.e. in a par0cular language (e.g. Tamli, Mandarin,
Malay, Arabic, Thai, etc.) shall obtain the prior approval of
the Bar Council before doing so. This is to ensure that such
name corresponds with the Romanized name of the firm.

2.06. Firm's logo on signboard

A law firm’s logo which has been approved for publica0on
on the firm's leAerhead and sta0onery may appear on the
firm's signboard.
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Rule 12 Legal Profession (Publicity) Rule 2001.
Brochure, Leaflet, Pamphlet

(1) An Advocate and Solicitor may produce for distribu0on
brochures, leaflets or pamphlets that contain approved
informa0on and which may be distributed only to:
(a) his employees or any other Advocate and Solicitor prac0sing
in his firm;
(b) any person who is his or his firm's client;
(c) any person making unsolicited and bona fide enquiries m
rela0on to the Professional services provided by him or his
firm; or
(d) any person with whom he has or may have professional
dealings provided that the distribu0on be done discreetly
and in manner which is befihng the dignity of the legal
profession.

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(2) No brochure, leaflet or pamphlet rela0ng to the
prac0ce of an Advocate and Solicitor or his firm shall
be put on display except within the premises of the
firm.

(3) An Advocate and Solicitor who has produced and
distributed a brochure, leaflet or pamphlet under sub-
rule (1) shall cause a copy of the brochure, leaflet or
pamphlet to be kept at his principal place of business
for a period of at least 12 months from the date of its
publica0on, and shall, upon being requested to do so
by the Bar Council, produce a copy of the brochure,
leaflet or pamphlet to the Bar Council for inspec0on
within the 0me as specified by the Bar Council.
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