[CLP] PROFESSIONAL PRACTICE

Ethics & Advocacy | Lecture Notes [part 2] 2022

CLP 2022/2023
PROFESSIONAL PRACTICE
PP COMPONENT

ETHICS & ADVOCACY

By
KASHMIR HARBANS SINGH
LL.B (Hons) London, CLP, LL.M (London)

[email protected]
All information and illustrations used in this presentation is intended for educational purposes only.
The information shared does not replace independent professional judgement. Statements of fact & opinions

ETHICS & ADVOCACY

LEGAL PROFESSION RULES

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LEGAL PROFESSION RULES

SECTION 77(1) LPA 1976

The Bar Council may, with the approval of the Attorney General make rules for regulating the
professional practice, etiquette, conduct and discipline of advocates and solicitors.

… inter alia …
Legal Profession Legal Profession Solicitors' Solicitors'
(Practice & Etiquette) (Publicity) Rules Account Remuneration
Rules 1978 2001 Rules 1990 Order 2005

S77 (3) Any advocate and solicitor who fails to comply with any rules made under this section
may be liable to disciplinary proceedings.
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ETHICS & ADVOCACY

LPPER 1978
Acceptance of Brief

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LPPER 1978: Acceptance of Brief

R. 3 EMBARASS R. 4 : PROFESSIONAL
DATO’ SRI BALA KRISHNAN
R. 2 - ACCEPT CONDUCT
TANJONG MARINA MGT SB

R. 5 INDEPENDENCE
DR TRILOCHAN KAUR

R. 6: APPEAR
SASHI KUMAR SUPPIAH
MOHAMAD SHAFIQ ZORKAFLI [2020]
R.27 PECUNIARY

BONIFACE LOBO ROBERT

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LPPER 1978 – Acceptance of Brief

RULE 2 – ACCEPT
An advocate and solicitor shall give advice on or accept any brief in the Courts in which he professes
to practise at the proper professional fee dependent on the length and difficulty of the case, but
special circumstances may justify his refusal, at his discretion, to accept a particular brief.

e.g. PUBLIC PROSECUTOR v. MOHTAR BIN ABDUL LATIFF [1980]

In this case the court had gone out of its way to accommodate the convenience of counsel
and yet on at least two occasions counsel disappointed the court (multiple postponements)
and inconvenienced everybody else by being engaged elsewhere

High Court - It is obvious in this case that Counsel had no good or cogent reasons to apply
for postponement of the hearing. The hearing dates had been fixed well in advance to suit
his convenience. He should not have accepted this brief or the other briefs which clashed
with the trial dates of this case.

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LPPER 1978 - Acceptance of Brief

RULE 3 – EMBARRASS

(a) An advocate and solicitor shall not accept a brief if he is or would be embarrased.

(b) An embarrassment arises-

i. where the advocate and solicitor finds he is in possession of confidential information
as a result of having previously advised another person in regard to the same matter;

ii. where there is some ‘personal relationship’ between him and a party or a witness in
the proceedings.

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LPPER 1978 - Acceptance of Brief

RULE 3(b)(ii) – EMBARASS

An embarrassment arises where there is some ‘personal relationship’ between him and a
party or a witness in the proceedings.

VIJAYALAKSHMI DEVI NADCHATIRAM V. SARASWATHY DEVI NADCHATIRAM [2000]

Solicitor was seeking to act in a matter where her siblings were involved as parties and/or witnesses
and where the solicitor herself had a pecuniary interest in the subject matter of the dispute in court

Federal Court “What does come within the ambit of “personal relationship”? By its ordinary Concise
Oxford Dictionary’s meaning of relationship is “the fact or state of being related” and “personal” is
relating to or connected with the person. Or to take the meaning of “relation” in the Jowitt’s
Dictionary of English Law it means “a general word meaning prima facie next-of-kin of any degree or
colloquially, kindred of all degrees”.

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LPPER 1978 - Acceptance of Brief

RULE 3(b)(ii) – EMBARASS

An embarrassment arises where there is some ‘personal relationship’…

DATO’ SRI BALA KRISHNAN VELLASAMY & ORS v CITYTEAM MEDIA SDN BHD & ANOR
[2015]
This was to disqualify Saraswathy and her firm, from appearing as counsel and solicitors for the
defendants. The basis for the plaintiffs’ objection was that Saraswathy was a substantial shareholder
and director of the first defendant, the publisher of a Tamil Newspaper known as “Tamil Malar” and
a key witness in this action and as such, she was connected to and thus had/was perceived to have a
personal relationship with both the defendants, who was the managing director and executive editor
of the first defendant.

Saraswathy’s argument is that she has no personal relationship with the defendant and that merely
being a “trustee shareholder” and a director (representing the ultimate shareholder) does not
constitute “personal relationship”.

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LPPER 1978 - Acceptance of Brief

RULE 3(b)(ii) – EMBARASS

An embarrassment arises where there is some ‘personal relationship’…

DATO’ SRI BALA KRISHNAN VELLASAMY & ORS v CITYTEAM MEDIA SDN BHD & ANOR [2015]
High Court [para 42] : “I do not read the Federal Court judgment [in VIJAYALAKSHMI DEVI] as having limited or
confined “personal interest” only to familial and kindred relationship as such an interpretation would be incongruous
to the purpose intent and object of the LPPER which is to ensure that the administration of justice is not stultified or
sullied by actions or conduct of solicitors who are so closely and intimately connected with a party to the suit or to a
witness, such that the solicitor will not be able to maintain professional independence or where his continued
handling of the matter would be incompatible with the best interest of the administration of justice
[para 42] : And so, the view I take is that the words “personal relationship” appearing in r. 3 of the LPPER must be
liberally and sensibly construed and in the present circumstances, Ms. Saraswathy, who is still a shareholder and
director of the [company] has a personal relationship with the [company] and … falls squarely within the ambit of
disqualification in r. 3 of the LPPER.
[para 43] … I cannot ignore the reality, which is that the first defendant is a small company with a few shareholders
and a few directors which gives rise to a greater degree of proximity between co-directors and thereby creating the
personal or close relationship.
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LPPER 1978 - Acceptance of Brief

RULE 4 – PROFESSIONAL
No advocate and solicitor shall accept a brief in a case where he knows or has
reason to believe that his own professional conduct is likely to be impugned

TANJONG MARINA MGT SB V PENANG PORT SB (2014)

Defendant applied to disqualify Messrs BH Lawrence as Mr BH Lawrence was an
Executive Director of the Plaintiff. Allege to have contravened rr. 3,4,5,7,27,28& 32 LPPER.
Held : If BH Lawrence were to appear, there will be direct conflict of interest and
embarrassment, inability to maintain professional conduct and independence.

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LPPER 1978 - Acceptance of Brief

RULE 5 – INDEPENDENCE
(a) No advocate and solicitor shall accept a brief if such acceptance renders or would render
it difficult for him to maintain his professional independence or is incompatible with the
best interest of the administration of justice.
(b)(i) An advocate and solicitor who has at any time advised or drawn pleadings or acted
for a party in connection with the institution or prosecution or defence of any suit, appeal
or other proceedings shall not act, appear or plead for the opposite party in that suit, appeal
or other proceedings.
(b)(ii) An advocate and solicitor shall not act unless the consent of the first party for whom
the advocate and solicitor acted is obtained in writing and the advocate and solicitor is not
embarrassed by so acting.

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LPPER 1978 - Acceptance of Brief

RULE 5 – INDEPENDENCE
No advocate and solicitor to accept brief if difficult to maintain professional independence

DR TRILOCHAN KAUR MOHAN SINGH v. THE MALAYSIAN DENTAL COUNCIL

& ANOR [2010]
Mr. Rajasingam was the advocate and solicitor advising the Committee, and later the Council, on
all questions of law in the course of their disciplinary enquiry. He was also the legal adviser
assisting the Committee and the Council.
Preliminary objection - On the disciplinary proceedings being challenged (judicial review),
whether Mr. Rajasingam, or anyone else from Messrs. Lewis & Co could act as counsel for the
Dental Council in light of Mr. Rajasingam’s participation during the disciplinary proceedings.

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LPPER 1978 - Acceptance of Brief

RULE 5 – INDEPENDENCE
No advocate and solicitor to accept brief if difficult to maintain professional independence

DR TRILOCHAN KAUR MOHAN SINGH v. THE MALAYSIAN DENTAL COUNCIL & ANOR [2010]
High Court: In the circumstances of this case, it was clear that Mr. Rajasingam himself could not act as counsel
in this judicial review application. Since he had been implicated directly, it would be very difficult for him to
maintain his professional independence, and to act in a manner compatible with the best interests of the
administration of justice as required under r. 5 .Likewise, he would be embarrassed if he accepted the brief
within the meaning of r. 3 and, similarly, under r. 4, which requires that an advocate and solicitor shall not
accept a brief if he knows or has reason to believe that his own professional conduct is likely to be impugned.

In principle, Mr. Rajasingam’s position was akin to someone who is a witness, or likely to be made a witness or
party, in proceedings. Such a person cannot act as counsel in the very same proceedings as it will be very
difficult to maintain the required professional independence to act in the best interests of the administration
of justice. In principle too, any other person from the same firm of solicitors would be unable to maintain the
very same degree of professional independence and avoid embarrassment. Thus, the preliminary objection
was allowed …
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LPPER 1978 - Acceptance of Brief

RULE 27 – PECUNIARY

Advocate and solicitor not to appear where pecuniarily interested

(a) An advocate and solicitor shall not appear in any matter in which he is
directly pecuniarily interested.

(b) This rule does not apply to the case of an advocate & solicitor appearing
himself to tax his own costs.

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LPPER 1978 - Acceptance of Brief

RULE 27 – PECUNIARY
Advocate and solicitor not to appear where pecuniarily interested

BONIFACE LOBO ROBERT V LOBO v. WONG WOOI MENG [2014]

This is a case of whether Mr. Lobo, an advocate and solicitor, should be allowed take part in the court’s proceedings
as counsel /as he claims, to represent himself, when he has already appointed a firm of solicitors. Prior to the
commencement of the hearing, the defendant’s counsel gave a notice of objection to Mr. Lobo from appearing as his
own counsel in the proceedings on the grounds, inter alia,
(i) that the plaintiff had a personal interest in the outcome of the suit; that he had pecuniary interest in the claim
in damages; and he would put himself in an embarrassing position in contravention of the LPA & LPPER
High Court was of the view that to allow Mr. Lobo to take part in proceedings would contravene r. 27. In this suit,
Mr. Lobo is seeking for damages amounting to RM6,500,000. Clearly he is pecuniarily interested.
[para 40] …, the prohibition under r. 27 is to ensure that advocates and solicitors remain objective when
conducting their case. Their impartiality could be called into question, if they have a pecuniary interest in the
subject matter.
[para 41] An advocate and solicitor is accorded special status, for he is treated first and foremost as an officer of
the court, and with that status, it carries great responsibility, more so in an adversarial system such as ours, where
the courts rely on advocates to conduct proceedings fairly and honourably.
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LPPER 1978 - Acceptance of Brief

RULE 6 – APPEAR
An advocate and solicitor not to accept brief if unable to appear
a) An advocate and solicitor shall not accept any brief unless he is
reasonably certain of being able to appear and represent the client on the
required day.

b) An advocate and solicitor shall nor ordinarily withdraw from an

engagement once accepted, without sufficient cause and unless
reasonable and sufficient notice is given to the client.

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LPPER 1978 - Acceptance of Brief

RULE 6 – APPEAR
An advocate and solicitor not to accept brief if unable to appear

SASHI KUMAR SUPPIAH v. TIMBALAN MENTERI DALAM NEGERI MALAYSIA & ORS [2010]
This was the habeas corpus application by the applicant. The application was made on the grounds
inter alia, that the Advisory Board denied him his rights to be represented by counsel by refusing
to grant a second postponement of his representation hearing as his counsel was engaged in
another trial
High Court: rr. 6(a) & 24(a) LPPER respectively state that an advocate and solicitor should not
accept any brief unless reasonably certain of being able to appear and represent his client on the
required day and that an advocate and solicitor should make every effort to be ready for trial in the
day fixed for trial. The learned counsel was clearly in breach of both Rules when he accepted the
brief to represent the applicant on the day fixed for the hearing. Whilst it could be said that the
applicant had a right to appoint a counsel of his choice to represent him, a request for a
postponement was not a matter as of right.
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LPPER 1978 - Acceptance of Brief

RULE 6 – APPEAR
An advocate and solicitor not to accept brief if unable to appear

MOHAMAD SHAFIQ ZORKAFLI V JAKEL TRADING SDN BHD [2020]

This is an appeal filed by the appellant, who was the defendant at the court below, against the decision of the
Sessions Court Judge in dismissing the appellant’s to set aside the Judgment In Default entered against the
appellant. The JID was entered against the appellant pursuant to Order 35 r.1(2) ROC 2012 on the ground that
the appellant’s counsel did not turn up in court for the continued hearing of the plaintiff’s

[para 29] If the defendant was aggrieved by the decision of the trial Judge in granting the JID, the defendant
has only his counsel to blame. Rule 6(a) LPPER 1978 … In this instant case, clearly, the defendant’s counsel
was not certain of being able to appear and represent the defendant on the required day.
[para 32] On the defendant’s submission that the defendant’s counsel was practising as a sole proprietor, the
court is of the view it is a nonstarter. The defendant’s counsel’ s firm of solicitors has several partners as
submitted by the plaintiff’s counsel. Hence, it is indisputable that the defendant’s counsel’s firm was not a
sole proprietorship.
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LPPER 1978 - Acceptance of Brief

RULE 6 – APPEAR
An advocate and solicitor not to accept brief if unable to appear

MOHAMAD SHAFIQ ZORKAFLI V JAKEL TRADING SDN BHD [2020]

[para 21] It is appalling for the defendant’s counsel to remark that the High Court case is
more important than the defendant’s case at the court below. Once a solicitor has taken a
brief or conduct of the matter, it does matter how trivial or serious the case is, or at what
level of the court the case is. All cases are equally important in the administration of justice.
Every case is important to the respective litigants. The solicitor who has taken conduct of the
matter must treat all cases, no matter if they are at the subordinate courts or at the superior
courts, with great responsibility and care. Further, advocates and solicitors must respect and
adhere to Rule 24 (a) LPPER … The rule does not differentiate where the case is conducted,
whether it is at the subordinate court or at the superior court. To surmise … this Court agrees
with the SCJ’s decision that the absence of the defendant’s counsel at the trial was deliberate,
and that no good reason was offered …
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LPPER 1978: Acceptance of Brief

R. 24 READY R. 25 DISCLOSE
R. 2 - ACCEPT

R. 28 WITNESS

R. 8 EXCUSE
WORLD EQUIPMENT SDN BHD BAR COUNCIL RULINGS

CHANGE?
R 54
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LPPER 1978 - Acceptance of Brief

RULE 24 – READY

(a) An advocate and solicitor shall make every effort to be ready for trial on the day fixed.

(b) An advocate and solicitor may apply for postponement of a case fixed for hearing for good
and cogent reasons only.

(c) Except in an emergency, it is improper for an advocate and solicitor to apply for a
postponement in the absence of counsel for the other side unless he has given the counsel
concerned at least forty eight hours notice of his intention to make the application.

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LPPER 1978 - Acceptance of Brief

RULE 8 – EXCUSE

Advocate and solicitor not to ask for excuse from assignment

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 matter shall
not ask to be excused for any trivial reason and shall always exert his best effort
in that assignment.

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LPPER 1978 - Acceptance of Brief

RULE 8 – EXCUSE
Advocate and solicitor not to ask for excuse from assignment

WORLD EQUIPMENT SDN BHD v A’ FAMOSA GOLF RESORT BHD [1998]

HC: … point out here that on the day fixed for continued hearing to hear the defendant’s case, a lady
counsel appeared for the plaintiff & applied for postponement on the ground that her client was
overseas … However when the court resumed … the lady counsel who earlier appeared for the plaintiff
requested for the case to be stood down further, this time on the ground that the main counsel in
charge of the case was engaged in Jalan Duta court… To me, the plaintiff’s counsel was not prepared
for the hearing on that day. First they tried to get the case postponed by saying that their client was
overseas. When that failed, they used another tactic that the counsel who appeared was not the
counsel in charge of the case and that the main counsel was busy in another court. I believe the court
has to be firm here. Counsels must always remember that they should not take more cases if they
cannot handle them. This is against r.8 LPPER 1978. They also cannot assume that the court will
readily allow postponement if they request for it.

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LPPER 1978 - Acceptance of Brief

RULE 25 – DISCLOSE
Advocate and solicitor to disclose all circumstances to client

An advocate and solicitor at the time of his being retained shall disclose
to the client all the circumstances of his relation to the parties, and any
interest in connection with the controversy, which may influence the
client in the selection of counsel.

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LPPER 1978 - Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

a - An advocate and solicitor shall not b - An advocate and solicitor This rule does not
appear in Court or in Chambers in any shall not appear before an prevent an advocate and
case in which he has reason to believe appellate tribunal if in the solicitor from swearing
that he will be a witness in respect of case under appeal he has or affirming an affidavit
a material and disputed question of been a witness on a material as to formal or
fact, and if while appearing in a case it and disputed question of fact undisputed facts in
becomes apparent that he will be such in the Court below. matters in which he acts
a witness, he shall not continue to or appears.
appear if he can retire without
jeopardising his client's interests.

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LPPER 1978 - Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

LEE AH HAH & ANOR v. TEH CHIN LAN & ORS [2019]
Application to bar Messrs. WY Chan & Roy from representing the plaintiffs in the main suit, and representing the
defendants in their counterclaim. The main ground of this application was that one Mr. Nathan Subramanian (‘Mr.
Nathan’), a partner at Messrs. WY Chan & Roy was present at the Extraordinary General Meeting (‘EGM’) of
Investland Kampar Development Sdn Bhd, (defendant) on and took part actively at that EGM as the chairman of
the meeting, would be called as a witness in the present case.

HIGH COURT - Mr. Nathan was not at the EGM in his capacity as a partner of Messrs. WY Chan & Roy - attended
the EGM as Chin Now’s proxy, his words and actions at the EGM, including those alleged wrongdoings, are those of
Chin Now. Therefore, r. 28 did not apply. Further, the mere fact that Mr. Nathan would possibly be called as a
witness did not automatically trigger the application of r. 28. The applicant must satisfy this court that Messrs. WY
Chan & Roy must be disqualified in order to eliminate the possibility of a conflict of interest or compromising the
interests of the contesting parties.

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LPPER 1978 - Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

LEE AH HAH & ANOR v. TEH CHIN LAN & ORS [2019]

Whether or not there exist any ethical restriction for Messrs. WY Chan to appear for the plaintiffs?

WEE CHOO KEONG V. PP [1990] 1ST principle of r.28

Rule 28 .. does not envisage that an advocate and solicitor is ipso facto excluded from appearing as such
in court, the moment he believes that he will be a witness. That ethical restriction will only arise if he is
likely to be a witness of any material or disputed fact. Rule 28 is a rule of ethics and the magistrate
should not have applied it totally with the stringency of the force of law.

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LPPER 1978 - Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

LEE AH HAH & ANOR v. TEH CHIN LAN & ORS [2019]
Whether or not there exist any ethical restriction for Messrs WY Chan to appear for the plaintiffs?

QUAH POH KEAT & ORS V. RANJIT SINGH TARAM SINGH [2009] 2nd principle of r.28
Need To Eliminate The Possibility Of A Conflict Of Interest /
Compromising The Interests Of The Contesting Parties

Lim Heng Seng & Dato’ Naban were acting directly in their capacity as solicitors . They took active part in
the decision-making relating to the respondent Ranjit Singh. CA - disqualify the legal firm Messrs Lee
Hishamuddin to avoid the embarrassment during trial and to “eliminate any possible conflict of interest
surfacing on the solicitors' part and simultaneously ensured that the interests of the contesting parties
were not compromised

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LPPER 1978 - Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

CHOO KIN TONG v MILLION MARCH SDN BHD [2019]

The grounds relied by the Plaintiffs to disqualify the legal firm under the inherent jurisdiction of the
court are:

(a) the Plaintiffs were not consulted or informed of the appointment of the legal firm;

(b) the legal firm has previously acted for the two remaining directors who are the persons prohibiting
the Plaintiffs to inspect the Defendant company’s accounts; and

(c) the legal firm has custody of the Defendant company’s accounts.

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LPPER 1978: Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

a - An advocate and solicitor shall not appear in Court or in Chambers in any case in which he has
reason to believe that he will be a witness in respect of a material and disputed question of fact, and if
while appearing in a case it becomes apparent that he will be such a witness, he shall not continue to
appear if he can retire without jeopardising his client's interests.

b - An advocate and solicitor shall not appear before an appellate tribunal if in the case under appeal
he has been a witness on a material and disputed question of fact in the Court below.

c - This rule does not prevent an advocate and solicitor from swearing or affirming an affidavit as to formal or
undisputed facts in matters in which he acts or appears.
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LPPER 1978 - Acceptance of Brief

RULE 28 – WITNESS
Advocate and solicitor not to appear in a case where he is a witness

CHOO KIN TONG v MILLION MARCH SDN BHD [2019]

HC - no material disclosed and mere bare allegations in the affidavit in support I hold that rule 28(a) of
has no application in the instant case. In any event, the rule allows for an advocate and solicitor to
appear in a case until such time it becomes apparent that he will be such a witness he would be required
to retire without jeopardizing his client’s interests.

PERBADANAN PEMBANGUNAN PULAU PINANG V. TROPILAND SDN BHD [2010]

Foremost, it is trite that the right of counsel to appear in court is not absolute. Their conduct on legal
proceedings which may affect the administration of justice is subject tothe court’s supervisory
jurisdiction. The court has the right and duty to supervise the conduct of its solicitors and the court
would be failing in its duty if it fails to do this supervisory power. Similarly, a solicitor owes a duty to the
court to conduct litigation with due propriety and to assist in promoting in his own sphere, the cause of
justice.
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LPPER 1978 - Acceptance of Brief

RULE 54 – CHANGE (a) he obtains the consent of the first-named advocate & solicitor;
Advocate & solicitor not to or
appear for a party (b) he is satisfied that the proper professional remuneration of the
represented by another first-named advocate and solicitor has been paid or he undertakes
advocate & solicitor that the same will be paid;
or
Where in any matter or proceeding, (c) he has, in ignorance that such name so appears on the record or
the name of any advocate and that such advocate & solicitor has been so acting, already agreed to
solicitor or the name of his firm appear or to act for such party and is unable by reason of
appears on the records for any party, circumstances or urgency or the like to refuse to appear or to act
or an advocate and solicitor is further for such party, without exposing himself to a charge of breach
known to be acting for a party in a of professional duty;
matter whether in a Court or not, no or
other advocate and solicitor shall
(d) the first-named advocate & solicitor is unwilling/has refused to act
knowingly agree to appear or to act
further for such party, in which event he shall, if so required, protect
or continue to appear or to act for
any lien which the first-named advocate & solicitor may have for costs.
such party in such matter or
proceeding unless-
KASHMIR HARBANS SINGH | 2023 33

LPPER 1978: Acceptance of Brief

RULE 54 – CHANGE
Advocate and solicitor not to appear for a party represented by another advocate & solicitor

S.120(1) LPA 1976 : Client’s right to change counsel before agreement performed

Notwithstanding the existence of any agreement under s. 116 [agreement for costing contentious
business], a client may change his advocate and solicitor before the conclusion of the business to
which the agreement relates and in that case the advocate & solicitor who is a party to the agreement
shall be deemed to have become incapable of acting under the same within the meaning of this
section. – notice

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LPPER 1978 - Acceptance of Brief

RULE 54 – CHANGE
Advocate and solicitor not to appear for a party represented by another advocate & solicitor

MESSRS ALBERT DING, LEE & PARTNERS v. CHO CHOOI MEI [2019]

Whether The Defendant Was Entitled To Change The Solicitors

The plaintiff in the present case, likewise, was morally wrong to refuse to discharge itself, in view of
the fact that its conduct fell within ‘misconduct’ as stipulated in s. 94 of the LPA. The defendant had
every right to terminate the services of the plaintiff and change solicitors (s120 LPA), and the
plaintiff’s conduct in withholding consent was unreasonable.

Chapter 11.06(3) of the Rules & Rulings of the Bar Council where is stated that the new solicitors
should obtain the consent of the solicitors on record before filing a notice of change of solicitor. The
same Ruling, it is stated that such consent shall not be unreasonably withheld.

KASHMIR HARBANS SINGH | 2023 35

LPPER 1978: Acceptance of Brief

r.6.05. Litigation against an existing client
(1) A law firm may institute legal proceedings against an existing client
BC RULING notwithstanding that it may be representing that client in other
pending matters.
(2) An Advocate and Solicitor who acts for a client in various existing
civil suits may also act for another party against that client in an
unrelated suit, unless that client can show that specific information
may be used by that Advocate and Solicitor giving rise to a conflict of
interest or that the Advocate and Solicitor holds a current retainer from
that client.
r6.06. Litigation against a company for which Advocate & Solicitor
is a panel lawyer
Subject to R.25 (disclose), an Advocate and Solicitor who is on a panel
of lawyers for any company, body or organisation, may act in a matter
against that company, body or organisation, but as soon as it becomes
apparent that he/she will be so acting and before he/she so acts,
he/she must inform his/her client in writing that he/she is on the
panel of lawyers for that company, body or organisation.
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LPPER 1978: Acceptance of Brief

BC RULING R5.08. Solicitors not to insist on purchasers appointing them

Solicitors shall not write to any purchaser to appoint them as the purchaser’s Solicitors
whether on the instructions from or at the request of any property developer.

R.6.09 Solicitor not to act for purchaser if he/she himself/herself or

his/her sibling, partner, spouse, child or parent is a director or substantial
shareholder of the property developer
A Solicitor shall not act for a purchaser if the Solicitor or his/her sibling, partner, spouse,
child or parent is a director or substantial shareholder of the property developer in that
transaction.

R6.04. Advocate & Solicitor acting for another Advocate & Solicitor in same firm
A law firm may act for one of its partners, consultants or legal assistants in respect of a
personal claim by or against that partner, consultant or legal assistant.

r6.08 Advocate and Solicitor who is director or substantial shareholder

not to act for the other party
An Advocate and Solicitor who is a director or substantial shareholder of a company
(r27) shall not act for the other party to any transaction in which the company is a party.

KASHMIR HARBANS SINGH | 2023 37

LPPER 1978: Duty to Client

RULE 35 – ABUSE
Advocate and solicitor not to abuse confidence reposed in him by client
a) An advocate and solicitor shall refrain from any action whereby for his personal benefit or gain
he abuses or takes advantage of the confidence reposed in him by the client.
b) An advocate & solicitor shall preserve his clients' confidence and this duty outlasts his
employment.

RULE 36 – PREVENT
Advocate and solicitor to prevent client from wrongful conduct towards courts etc.

An advocate and solicitor shall use his best efforts to prevent his client from doing things which the
advocate and solicitor himself ought not to do, particularly with reference to his conduct towards
Courts and judicial officers, jurors, witnesses and parties.

Where a client persists in such wrong doing the advocate and solicitor shall terminate the relationship.

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LPPER 1978: Duty to Client

RULE 40 – SURETY
Advocate and solicitor NOT to stand surety

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

see also BC Ruling 14.28 Prohibition of providing guarantee in favour of clients or third parties
An Advocate and Solicitor practising as such, shall not sign any document nor give any undertaking
that has the effect of guaranteeing or of indemnifying clients or third parties, as a form of indemnity,
against any loss suffered.

KASHMIR HARBANS SINGH | 2023 39

LPPER 1978: Duty to Client

RULE 42 – COMMUNICATE
Advocate and solicitor not to communicate with a person (someone’s else client)
represented by another advocate and solicitor
An advocate and solicitor shall not communicate with a person upon any matter in
respect of which to his knowledge that person is represented by another advocate
and solicitor except with the other's express consent.

RULE 55 LIEN
Advocate and solicitor’s lien
Except by way of securing his first to a lien, an advocate and solicitor shall not
otherwise withhold the client's papers to the detriment of the client.

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ETHICS & ADVOCACY

LPPER 1978
Court Practice

KASHMIR HARBANS SINGH | 2023 41

LPPER 1978: Court Practice

TINDAK MURNI SDN BHD v. JUANG SETIA SDN BHD & ANOTHER (2020)
Federal Court
Duty of Advocates And Solicitors To The Court
[para 54] … an appropriate occasion for this court to reiterate the
oft-ignored principle that advocates and solicitors are officers of
the court. Their overriding duty is to the court, not their clients.
As such, they are under a duty to provide honest and complete
submissions. Integrity is of the utmost importance in advocacy,
whether oral or written
[para 55] … It follows sine qua non that suppression, or
deliberately presenting a legal position that does not fully disclose
the facts or the law, is a grave dereliction of the responsibilities of
an advocate and solicitor. They are duty bound not to suppress
facts or law which are either against their client’s case, or does not
support it, because of their overriding duty to the court, and
ultimately the administration of justice as a whole.
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LPPER 1978: Court Practice

PERBADANAN PEMBANGUNAN PULAU PINANG

v TROPILAND SDN BHD [2010]

“Foremost, it is trite that the right of counsel to appear in court is

not absolute. Their conduct on legal proceedings which may affect
the administration of justice is subject to the court’s supervisory
jurisdiction. The court has the right and duty to supervise the
conduct of its solicitors and the court would be failing in its duty if
it fails to do this supervisory power. Similarly, a solicitor owes a
duty to the court to conduct litigation with due propriety and to
assist in promoting in his own sphere, the cause of justice.”

KASHMIR HARBANS SINGH | 2023 43

LPPER 1978: Court Practice

R. 6 APPEAR R. 15 RESPECT
R. 24 READY R. 16 UPHOLD

R. 30 ROBE R. 18 CONDUCT

R. 31 DIGNITY • R. 17 DECEPTION
• R. 19 FACTS
• R. 12 DELAY
• R. 9 DEFENCE • R. 13 INSULTING • R.20 DECISION

• R. 10 PROS. • R. 14 IRRELEVANT • R. 21 MISQUOTE

• R. 32 FEELINGS • R. 34 INTERVIEW • R. 22 ATTENTION

• R. 33 TREAT • R. 23 INFORMATION

• R. 56 JID • R. 28 WITNESS
• R. 58 STAMPED
• R. 57 EXTENSION • R 29 TESTIFY
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LPPERCourt
LPPER 1978: 1978Practice

RULE 19 FACTS
Advocate and solicitor not to refer to facts not proved

In opening a case, an advocate and solicitor shall not refer to any facts in the case
which he is not in a position to prove.

KASHMIR HARBANS SINGH | 2023 45

LPPERCourt
LPPER 1978: 1978Practice

RULE 12 – DELAY
Advocate and solicitor not to conduct civil case intended to delay
proceedings etc.

An advocate and solicitor shall not conduct a civil case or make a defence which
is intended merely to delay proceedings or to harass or injure the opposite party
or to work oppression or wrong.

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LPPER 1978:
LPPERCourt
1978Practice

RULE 9 DEFENCE
Advocate and solicitor to undertake defence fairly and honourably

a) An advocate and solicitor who undertakes the defence of a person in any

criminal matter shall by all fair and honourable means present every defence
that the law permits.

b) An advocate and solicitor shall undertake the defence of a person accused of

an offence regardless of his personal opinion as to the guilt or otherwise of
the accused

KASHMIR HARBANS SINGH | 2023 47

LPPER 1978:
LPPERCourt
1978Practice

RULE 9
Advocate and solicitor to undertake defence fairly and honourably

ZAINUR ZAKARIA v PP (2001)

This was application to disqualify DPPs from further prosecuting the case on the basis on a Statutory
Declaration made by one Manjeet Singh Dhillon (‘MSD’) and a letter MSD had written to AG alleging that the
DPPs were actively involved in requesting one Dato’ Nallakaruppan Solaimalai to fabricate evidence against
DSAI

Federal Court: …. The appellant, as an advocate and solicitor, owed a duty to his client to act fearlessly and
uphold the interests of his client, the interests of justice and the dignity of the profession regardless of any
unpleasant consequences. The appellant did not overstep the boundary between legal duty and contempt in
filing the disqualification application as there were more than reasonable and adequate grounds to support and
justify the application…. there could be no question of the appellant being liable for contempt of court for acting
on the instructions of DSAI. In other words, the appellant could not be said to be reckless and negligent and
acted in bad faith in filing the application

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LPPER 1978:
LPPERCourt
1978Practice

RULE 10 PROSECUTION
Advocate and solicitor to conduct prosecution so that no innocent person
is convicted

a) An advocate and solicitor appearing for the prosecution in a criminal trial

shall so conduct the prosecution that it does not lead to the conviction of an
innocent person.

b) Material capable of establishing the innocence of the accused shall not be

suppressed.

KASHMIR HARBANS SINGH | 2023 49

LPPERCourt
LPPER 1978: 1978Practice

RULE 13 INSULTING
Advocate and solicitor to guard against insulting or annoying questions

An advocate and solicitor shall guard against being made the channel for questions
which are only intended to insult or annoy, and to exercise his own judgment as to
the substance and form of the questions put.

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LPPERCourt
LPPER 1978: 1978Practice

RULE 14 IRRELEVANT
Questions irrelevant to actual enquiry not to be asked
(a) Questions which effect credibility by attacking character but are otherwise irrelevant
to the actual enquiry, shall not be asked unless the cross-examiner has reasonable
grounds for thinking that the imputation is well-founded or true.

(b) Where a question relates to matters so remote in time or of such a character that it
would not materially affect the credibility of a witness, it shall not be put.

KASHMIR HARBANS SINGH | 2023 51

LPPER 1978: Court Practice

RULE 32 – FEELINGS

Clients' feeling not to influence conduct of counsel

The feeling existing between clients shall not be allowed to influence counsel in
their conduct and demeanour towards each other or towards parties and their
witnesses in the case.

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LPPERCourt
LPPER 1978: 1978Practice

RULE 34 INTERVIEW
Advocate and solicitor may interview witnesses for opposing side

An advocate and solicitor may properly interview any witness or prospective

witness for the opposing side in any civil or criminal matter without the consent
of but subject to first giving notice to the opposing counsel or party.
In doing so, he shall scrupulously avoid any suggestion calculated to induce the
witness to suppress or deviate from the truth.

KASHMIR HARBANS SINGH | 2023 53

LPPERCourt
LPPER 1978: 1978Practice

RULE 18 CONDUCT
Advocate and solicitor to conduct with candour, courtesy and fairness
The conduct of an advocate and solicitor before the Court and in relation to other advocates and
solicitors shall be characterised by candour, courtesy and fairness.

BAR COUNCIL RULING 14.01. Courtesy

(1) An Advocate and Solicitor calling another Advocate and Solicitor on the telephone should be on
the line first and ready to speak once the call is put through.

(2) An Advocate and Solicitor must promptly reply to correspondence from other Advocates and
Solicitors, the Bar Council, State Bar Committees, clients and former clients.

(3) An Advocate and Solicitor or his/her firm must accept all correspondence from another
Advocate and Solicitor or another firm.

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LPPERCourt
LPPER 1978: 1978Practice

RULE 15 RESPECT
Respect to court
An advocate and solicitor shall maintain a respectful attitude towards the Court.

KASHMIR HARBANS SINGH | 2023 55

LPPERCourt
LPPER 1978: 1978Practice

RULE 15 RESPECT
An advocate and solicitor shall maintain a respectful attitude towards the Court.

BASI CONTROLS (M) SDN BHD v NIREX ENGINEERING & AUTOMATION (M) SDN BHD [2009]

High Court : The plaintiff’s lawyer was given an opportunity by the court to respond to the
argument defendant's counsel but has failed to do so. – the lawyer filed notice without knowledge
to the defendant's solicitor and no explanation was given in this respect. He also failed to appear
on the hearing date without any reason given. The plaintiff cannot file the proceedings and
withdraw it at will. Such an action would only be one abuse to court process. In the courts opinion,
the plaintiff’s lawyer failed to “maintain a respectful attitude towards the court”. Although this was
not the fault of the plaintiff, yet it cannot be used as a reason to allow this application. The
application not allowed -

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LPPERCourt
LPPER 1978: 1978Practice

RULE 15 RESPECT
An advocate and solicitor shall maintain a respectful attitude towards the Court.

SYKT SIAW TECK HWA REALTY & DEVELOPMENTS SDN BHD v. MALEK & JOSEPH AU [1999]

High Court: the defendant’s failure to attend court on the date scheduled for the hearing of
the appeal was a blatant non compliance with the relevant provision of LPPER 1978, not to
mention a total disrespect to the Federal Court. I also find it unethical for the defendant to
justify his acts/behaviour by raising the question of merit of the appeal vis-a-vis the lack of
prospect to succeed. Had the defendant been properly advising the plaintiff, he would not
have prepared affidavits application for summary judgment

KASHMIR HARBANS SINGH | 2023 57

LPPERCourt
LPPER 1978: 1978Practice

RULE 16 UPHOLD
Advocate and solicitor to uphold interest of client, justice & dignity of profession
An advocate and solicitor shall while acting with all due courtesy to the tribunal before
which he is appearing, fearlessly uphold the interest of his client, the interest of justice
and dignity of the profession without regard to any unpleasant consequences either to
himself or to any other person.

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LPPERCourt
LPPER 1978: 1978Practice
RULE 16 UPHOLD
MOLLY MARGRETE ANDREW GOMEZ v. TAN SUAT CHING; MAJLIS PEGUAM MALAYSIA
(INTERVENER) [2014]
The respondent had appointed the appellant to act for her in a divorce proceeding. Through a letter, the
respondent instructed the appellant not to act for her any further due to the exorbitant fees. Despite
the instruction, the appellant persisted to appear on behalf of the respondent. The respondent lodged
a complaint against the appellant to the Disciplinary Board – imposed fine of RM3,000.
The appellant appealed on the grounds, inter alia, that the DB had failed to take into account that the
appellant was still the solicitor on record for the respondent as long as she was not served with a
notice of change of solicitor
High Court: It cannot be disputed that the respondent had clearly indicated to the appellant, through a
letter the appellant admits she had received, that the respondent instructed the appellant to discharge
herself and not to appear in court any further. Hence, it is in my opinion, morally wrong for her to
refuse to discharge herself and her act of continuing to appear in court again after receiving the letter
was clearly an act without regards of her client’s interest and her conduct is a conduct which is
unbefitting of an advocate and solicitor, contrary to s. 94(3)(n) & (o) of Act 166
KASHMIR HARBANS SINGH | 2023 59

LPPERCourt
LPPER 1978: 1978Practice

RULE 16 UPHOLD
Molly Margrete Andrew Gomez v. Tan Suat Ching; Majlis Peguam Malaysia
(Intervener) [2014]

High Court:
[para 12] Even r. 16 requires her to uphold interest of her client. It must be noted that
the said Rules were made pursuant to s. 77 of Act 166 which clearly provides that failure
to comply with any rule made under that section would make an advocate and solicitor
liable to disciplinary proceedings.
[para 13] Therefore I cannot agree with the appellant that just because there is no notice
of change of solicitor was filed, no disciplinary action can be taken against her, when it is
so obvious she had acted contrary to her client’s interest.

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LPPERCourt
LPPER 1978: 1978Practice

RULE 17 DECEPTION
No deception on Court

An advocate and solicitor shall NOT practise any deception on the Court

KASHMIR HARBANS SINGH | 2023 61

LPPERCourt
LPPER 1978: 1978Practice

RULE 17 DECEPTION
An advocate and solicitor shall not practise any deception on the Court
CEMPAKA PROPERTIES SDN BHD v. SIA MOI CHOO [2005]
The counsel who acted for the judgment debtor during the appeal that resulted in the setting aside
order and in the subsequent proceedings to set aside the new writ of seizure and sale, was the very
same counsel. He had personal knowledge of the earlier setting-aside order and yet he has the audacity
to shut out that knowledge and submit that the previous stay order by the Sessions Court still
remained valid, effective and subsisting. This is a deception of the highest order

High Court: This act of the learned counsel for the judgment debtor reminded me of
certain laws that governed the legal profession, namely r. 17 and r. 31 … Even though
these are rules made by the Bar Council, such rules have a force of law as they are
subsidiary legislation. I find that, with regret, the learned counsel for the judgment
debtor in the course of the proceedings, breached the abovesaid Rules.
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LPPERCourt
LPPER 1978: 1978Practice

RULE 17 DECEPTION
An advocate and solicitor shall not practise any deception on the Court
DATO WONG GEK MENG v. PATHMANATHAN MYLVAGANAM & ORS (1997)
The subject matter of the present appeal concerned three enclosures (filed without complying the
format in RHC). When the appellant lawyer withdrew these enclosures the irresistible inference was
that he had obtained instructions from his client.. If he did not obtain his client’s instructions to
withdraw these enclosures but instead took the gamble to withdraw at his own whims and fancies then
he must be held accountable for deception under r. 17 …As an advocate and solicitor, Mr. P.M.
Mahalingam should maintain a “respectful attitude towards” this court. With respect, he certainly failed
to live up to expectations.

High Court: Great care has to be exercised when a solicitor is dealing with the court. As an officer of the
court, the solicitor must not do anything so as to deceive the court. The time has come for the courts to
adopt a stringent approach and castigate lawyers who by deception deceived the courts into believing
that concessions made by the lawyers to strike out their appeals, like the present case, would end the
adjudication, once and for all.
KASHMIR HARBANS SINGH | 2023 63

LPPERCourt
LPPER 1978: 1978Practice

RULE 20 DECISION
Advocate and solicitor to put before Court any relevant binding decision
(a) An advocate and solicitor shall put before the Court any relevant binding
decision of which he is aware which is immediately in point, whether it be
for or against his contention.

(b) This rule applies with particular importance in ex-parte proceedings.

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LPPERCourt
LPPER 1978: 1978Practice

RULE 20 DECISION
Advocate and solicitor to put before Court any relevant binding decision

RHINA BHAR v. MALAYSIAN BAR (1994)

Supreme Court: (On the scope of declaratory remedy sought) Numerous authorities have
been quoted before me apart from the Court doing its own research but I need not rely on
them to arrive at my decision except to the bare minimum… Another question which
occurs to my mind is “does revealing the true state of law as reported in the Law Journal
and relying on it” cause any embarrassment? … Before the appeal is heard, it will be
premature for any third party other than the tribunal hearing the case to presuppose the
course that the hearing will take.

KASHMIR HARBANS SINGH | 2023 65

LPPERCourt
LPPER 1978: 1978Practice

RULE 21 MISQUOTE
Improper to misquote
It is improper for an advocate and solicitor—
(a) knowingly to misquote the contents of a paper, the testimony of a witness, the
argument of opposing counsel or the language of a decision or textbook; or
(b) with knowledge of its invalidity, to cite as authority a decision that has been
overruled or a statute that has been repealed; or
(c) in argument, to assert as a fact that which has not been proved; or
(d) to mislead his opponent by concealing or withholding in his opening speech positions
upon which he intends to rely.

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LPPERCourt
LPPER 1978: 1978Practice

RULE 22 ATTENTION
Advocate and solicitor to bring to Court's attention any proposition of law etc

(a) Where after the conclusion of the evidence and argument and while judgement is
reserved, an advocate and solicitor discovers a proposition of law or a decision of law
which is directly in point, he shall bring it to the Court's attention and the advocate and
solicitor appearing on the other side shall concur in the proposal even though the
proposition is against him.

(b) Where the other advocate and solicitor does not concur, it is still in order for the first-
named advocate and solicitor to submit the additional authority and the proper course
is for the first-named advocate and solicitor to send the other advocate and solicitor a
copy of his letter to the Court, so that the other advocate and solicitor can comment on
it if necessary.

KASHMIR HARBANS SINGH | 2023 67

LPPERCourt
LPPER 1978: 1978Practice

RULE 23 INFORMATION
Advocate and solicitor to supply to Court all information

An advocate and solicitor shall supply to the Court all information as to

the probable length of a case and the possibility of a settlement.

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LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULING - DRESS CODE FOR LAWYERS APPEARING IN COURT

OPEN COURT (HC, CA, FC)

Gentlemen
Shirt
White long sleeves with white wing collar & bib.

Slacks - Loose
Black/navy blue/dark grey. Stripes permissible.

Jacket
Black. Brass buttons not permitted
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LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULINGS - DRESS CODE FOR LAWYERS APPEARING IN COURT

OPEN COURT (HC, CA, FC)

Gentlemen
Socks
Black/navy blue/dark gray

Robe
Black

Head Dress
Turban and songkok permitted
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LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULINGS - DRESS CODE FOR LAWYERS APPEARING IN COURT
OPEN COURT (HC, CA, FC)

Ladies
Blouse
White long sleeves with white wing collar and bib.

Skirt
Black/navy blue/dark gray and its length below the knee.
Stripes permissible.

Trousers - Loose
Dark trousers and not body hugging
Image source: www.klbc.com.my/ KASHMIR HARBANS SINGH | 2023 71

LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULINGS - DRESS CODE FOR LAWYERS APPEARING IN COURT
OPEN COURT (HC, CA, FC)

Ladies
Traditional Dress
Not glaring colour and decent.
Jacket
Black. Brass buttons not permissible

Nylon Socks - Optional

Only skin-tones permissible

Image source: www.klbc.com.my/ KASHMIR HARBANS SINGH | 2023 72

~Don’t stop when you’re tired ... Stop when you’re done ~
by Kashmir Harbans Singh ([email protected]) 36
[CLP] PROFESSIONAL PRACTICE
Ethics & Advocacy | Lecture Notes [part 2] 2022

LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULINGS - DRESS CODE FOR LAWYERS APPEARING IN COURT
OPEN COURT (HC, CA, FC)

Ladies
Shoes
Black/navy blue/dark gray. Sandals not permitted.
Robe - Black

Head-Dress
Black/white/navy blue/dark gray.
Subtle floral or patterned prints also permitted.

Image source: www.klbc.com.my/ KASHMIR HARBANS SINGH | 2023 73

LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULINGS - DRESS CODE FOR LAWYERS APPEARING IN COURT

Costume Accessory

All lawyers (male and female) are prohibited from wearing

any emblem, ribbon, badge, band etc. which symbolizes any
political party or political motive.

Source: www.klbc.com.my/
KASHMIR HARBANS SINGH | 2023 74

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

ATTIRE
BAR COUNCIL RULINGS - DRESS CODE FOR LAWYERS APPEARING IN COURT

IN CHAMBERS
Sessions Court, Magistrates Court & High Court

Gentlemen & Ladies

Similar to Open Court attire
NO Robe
White shirt with wing collar & bib
Tie – not glaring

KASHMIR HARBANS SINGH | 2023 75

LPPERCourt
LPPER 1978: 1978Practice

RULE 30 ROBE
Advocate and solicitor appearing as party or witness not to wear robes
(a) An advocate and solicitor who appears in person as a party or who is in the witness box
shall not wear robes.
(b) An advocate and solicitor appearing before Courts Martial may appear either in uniform
(if he is entitled to do so) or in robes.
(c) Except on such ceremonial occasions and at such places as the Bar Council or the Court
may prescribe, an advocate and solicitor shall not wear bands or robes in public places other
than in Court or whilst travelling to or from Court.

KASHMIR HARBANS SINGH | 2023 76

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

OPEN COURT ATTIRE No robe, no talk !

BC RULING : DRESS CODE FOR
LAWYERS APPEARING IN COURT

/ I Can’t See You!

Image source: www.klbc.com.my/ KASHMIR HARBANS SINGH | 2023 77

LPPERCourt
LPPER 1978: 1978Practice

RULE 33 TREAT

An advocate and solicitor shall treat adverse witnesses and parties with fairness
and due consideration and he shall not minister to the malevolence or prejudices
of a client in the conduct of a case

KASHMIR HARBANS SINGH | 2023 78

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

Bar Council 11.05. Exchange of legal authorities

• (1) A Solicitor (“First Solicitor”) shall exchange by written notice with Solicitors
representing all the other parties in the litigation, a list containing all the authorities with
citations (“List”) that the First Solicitor proposes to rely upon during the trial or hearing
of any matter or cause before any court, tribunal or other body.

• (2) The List should reach the other Solicitors within a reasonable time before the trial or
hearing and in any event not later than 48 hours prior to the trial or hearing, to enable
the other Solicitors to consider the authorities specified in the list and to submit upon
them during the trial or hearing.

• (3) Where a Solicitor intends to reproduce copies of authorities specified in his/her List
into a bundle of authorities (“Bundle”), he/she should endeavour to serve the Bundle on
the other Solicitors as soon as it is practicable or convenient, but no later than the time
when the former attends the court, tribunal or body on the day of the trial or hearing, but
prior to the actual calling of the matter or cause for disposal.
KASHMIR HARBANS SINGH | 2023 79

LPPERCourt
LPPER 1978: 1978Practice

Bar Council 11.05. Exchange of legal authorities

(4) It is good practice for Solicitors to agree, whenever possible, to an agreed or joint
bundle of authorities.

(5) Nothing in this Ruling affects the right of any Solicitor in any proceedings, to
supply from time to time, supplementary lists of authorities not previously specified
in any of his/her Lists, to all other Solicitors involved in such proceedings, to present
to the court, tribunal or body, as the case may be.

(6) A Solicitor wishing to rely on such additional authorities shall endeavour to give as
much notice of the additional authorities as is practicable and convenient in the
circumstances to all the other Solicitors involved in the proceedings.

(7) Nothing in this Ruling affects the general discretion of the court, tribunal or other
body to deal with matters relating to the exchange of authorities, including making
orders on adjournment or costs.
KASHMIR HARBANS SINGH | 2023 80

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LPPERCourt
LPPER 1978: 1978Practice

Source: http://www.kehakiman.gov.my/

Open Court Etiquette

Be present in the courtroom before 9.00am/at any time fixed by the court.
Rise & bow when the Judge/Magistrate enters & leaves the courtroom.
Come forward when your name is called upon by the interpreter.
Give your full attention & be silent during the proceedings.
Bow every time you enter & leave the courtroom during the proceedings.
No children are allowed in the courtroom unless instructed to do so by the court.
No weapons are allowed.
No recordings either audio or visual are allowed.
Mobile phones, pagers & other electronic devices are to be switched off.
KASHMIR HARBANS SINGH | 2023 81

LPPERCourt
LPPER 1978: 1978Practice

Source: http://www.kehakiman.gov.my/

Addressing the Judges

Speak & conduct yourself in a courteous manner.
Sessions Court - refer the Judge as "Tuan Hakim" / "Puan Hakim”.
Magistrates Court - refer the Judge as "Tuan Majistret" or "Puan Majistret" or "Your Honour"

YAA Tan Sri Dato' Seri Zulkefli Bin Ahmad Makinudin, former Chief Judge (2013) -
“… The word 'etiquette' has been defined as the rules of behaviour pertaining to a class of human
action … A lawyer's decorum in the Courtroom bespeaks his or her professionalism. Be respectful to
the Court. Address the Court properly with the right salutation such as 'Yang Amat Arif', 'Yang Arif',
'Tuan/Puan'. Never address the Court or the Judge as 'you'. The reason behind it is that when you are
speaking to the Judge, you are speaking to the law itself.

KASHMIR HARBANS SINGH | 2023 82

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

BAR COUNCIL 11.08. Use of titles in court, judgments or orders

An Advocate & Solicitor need not in court, address or refer to another Advocate &
Solicitor by title conferred upon the latter. Correspondingly, an Advocate and
Solicitor who has been conferred a title should not request, require, expect or
insist that he/she be addressed or referred to, in court, by his/her title.
Accordingly, all references to titles and awards conferred on an Advocate and
Solicitor whose name appears in a judgment or order shall be excluded from such
judgment or order.

KASHMIR HARBANS SINGH | 2023 83

LPPERCourt
LPPER 1978: 1978Practice

Bar Council 11.08. Use of titles in court, judgments or orders

YAA Tan Sri Dato' Seri Zulkefli Bin Ahmad Makinudin, former Chief Judge (2013)

“You have also to be respectful to your opposing counsel. Addressed him or her with
the salutation 'learned friend‘** or 'learned counsel‘** even though you might not be
convinced that he or she is learned. Do not demonstrate unpleasant feelings towards
your opposing counsel by making disparaging remarks or untoward gestures against him
or her.”

**rakan saya yang bijaksana : The expression ‘learned’ means experienced in law, and
qualified to practice in superior courts.

KASHMIR HARBANS SINGH | 2023 84

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LPPERCourt
LPPER 1978: 1978Practice

RULE 56 JUDGEMENT IN DEFAULT

Where the name of the advocate & solicitor or his firm appears on the Court record/the fact of
representation is known to the other side, no advocate & solicitor representing the other party to
the proceedings shall enter Judgment by Default against the client of the first-named advocate &
solicitor or to take advantage of delay in pleading/filing documents in the nature of pleadings or in
taking any necessary steps or in complying with any other in the proceedings by such first-named
advocate and solicitor, unless he shall have given to such first-named advocate and solicitor written
notice of his intention to do so, and 7 days shall have elapsed after the delivery of such notice to the
first-named advocate & solicitor.

KASHMIR HARBANS SINGH | 2023 85

LPPERCourt
LPPER 1978: 1978Practice

RULE 56 JUDGEMENT IN DEFAULT

BAR COUNCIL RULING 11.03 : 7 days’ notice for default judgment

(1) The requirement that 7 days’ notice must be given before entering any judgment in default as
provided in Rule 56 … applies equally to any Subordinate Court action; notwithstanding that at the
request of the defendant’s Solicitor, the Court may have granted an extension of time.

(2) However, a further 7 days’ notice or a reminder is not necessary if an extension of time had
already been granted at the request of the Advocate and Solicitor in receipt of the original 7 days’
notice.

KASHMIR HARBANS SINGH | 2023 86

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

RULE 56 JUDGEMENT IN DEFAULT

Can failure to notify accordance to r56 raise grounds to set aside a JID?

ASIA COMMERCIAL FINANCE (M) BERHAD V. BANK BUMIPUTRA MALAYSIA BERHAD & ORS
[1988]
Non compliance of Rule 56 does not render the Judgment In Default of defence irregular as the
said rules do not regulate the procedure of legal proceedings in the High Court

Where JID of defence was obtained against the Plaintiff due to the fault of the solicitor acting for
the Plaintiff.. The Plaintiff should not be punished for the mistake of the solicitor
KANG HOCK HIN v TAN BON KIAT [2014]

KASHMIR HARBANS SINGH | 2023 87

LPPERCourt
LPPER 1978: 1978Practice

RULE 56 JUDGEMENT IN DEFAULT

Can failure to notify accordance to r56 raise grounds to set aside a JID?

SRI MINAL CONSTRUCTION SDN BHD v. MOBIL OIL MALAYSIA SDN BHD [2015]
Court of Appeal
A litigant cannot be made to suffer the consequences of his attorney’s failure to observe the
professional rules because the rules do not govern the litigant. To make a litigant suffer the
consequences of his attorney’s failure to obey the professional rules would have the effect of making
the rules applicable to him whereas by their terms they are not. Such a provision in r. 56 … would be
tantamount to the imposition on a plaintiff of the requirement of a notice by his solicitors before he
can successfully enter a judgment by default.

KASHMIR HARBANS SINGH | 2023 88

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

RULE 56 JUDGEMENT IN DEFAULT

Can failure to notify accordance to r56 raise grounds to set aside a JID?

HASBULLAH CHAN & ASSOCIATES ARCHITECT v. RAHIKA DEVELOPMENT SDN BHD [2000]
• When the plaintiff entered the JID of defence … it was done approximately 11 months after the
defendant had filed the memorandum of appearance and this was done without giving any notice of
intention to enter judgment to the defendant – a move contrary to r. 56 which was made pursuant to
s. 77 of the Legal Profession Act 1976. Fairness dictates that the plaintiff should have given notice
to the defendant of its intention not to refer the dispute to arbitration.
• By necessary implication it imports the audi alteram partem rule and clearly therefore, on the facts,
the plaintiff has breached the rule of natural justice by not adhering to r. 56 thereof.

KASHMIR HARBANS SINGH | 2023 89

LPPERCourt
LPPER 1978: 1978Practice

RULE 57 EXTENSION

Where an extension of time within which to plead has been given to a party, the advocate
and solicitor representing such party shall, if so required, accept short notice of trial at
the next sitting of the Court, in any case in which, had the pleading been delivered in the
time ordinarily limited for its delivery without any extension, the party allowing the
extension would have been in a position to have given notice of trial for such sitting.

KASHMIR HARBANS SINGH | 2023 90

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[CLP] PROFESSIONAL PRACTICE
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LPPERCourt
LPPER 1978: 1978Practice

RULE 58 STAMPED

Objection to admissibility of insufficiently stamped documents

It is contrary to etiquette to object to the admissibility of any document on the ground

that it is not or not sufficiently stamped, unless such objection goes to the root of the
subject matter or the suit.

KASHMIR HARBANS SINGH | 2023 91

ETHICS & ADVOCACY

LPPER 1978
General Conduct

KASHMIR HARBANS SINGH | 2023 92

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26 March 2023

LPPER 1978: GENERAL CONDUCT

R. 44 TRADE (BC 12.02) R. 51 TOUTING

R. 43 STIR R. 52 SHARING

R. 26 MISLEAD R. 53 COMMISSION
R. 61 LAY AGENCY

R. 59 BRANCH (BC 7.01)

R. 60 CONSULTANT

BC 3.02;3.03; 3.04

KASHMIR HARBANS SINGH | 2023 93

LPPER
LPPER 1978: 1978 Conduct
General

R.44 TRADE
Advocate and solicitor not to actively carry on any trade

a) An advocate and solicitor shall not actively carry on any trade which is declared
by the Bar Council from time to time as unsuitable for an advocate and solicitor to
engage in or be an active partner or a salaried officer in connection therewith.

b) An advocate and solicitor shall not be a full-time salaried employee of any person,
firm (other than advocate and solicitor or firm of advocates and solicitors) or
corporation so long as he continues to practice and shall on taking up any such
employment, intimate the fact to the Bar Council and take steps to cease

KASHMIR HARBANS SINGH | 2023 94

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[CLP] PROFESSIONAL PRACTICE
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LPPER
LPPER 1978: 1978 Conduct
General

R.44 TRADE
Advocate and solicitor not to actively carry on any trade

CHEE KUAT LIN v. MAJLIS PEGUAM [2013]

A suspended police officer acted in breach of s. 30(1)(c) LPA when he applied for
a PC in 2005 as he was then still a member of the police force
(i.e. received half of his salary and allowance)

KASHMIR HARBANS SINGH | 2023 95

LPPER
LPPER 1978: 1978 Conduct
General

R.44 TRADE
Advocate and solicitor not to actively carry on any trade

BC RULING 12.01 Engagement In Other Business or Trade

1. An Advocate and Solicitor who is a sole proprietor or a partner of a law firm may
engage on a part-time basis in a business or trade that is in the opinion of the Bar
Council not incompatible with the dignity of the legal profession.

2. An Advocate and Solicitor who is a legal assistant may engage on a part-time basis
in a business or trade that is in the opinion of the Bar Council not incompatible
with the dignity of the legal profession, provided that it does not infringe his/her
full-time employment by an Advocate and Solicitor or a firm of Advocates and
Solicitors in accordance with section 30(1)(b) LPA 1976

KASHMIR HARBANS SINGH | 2023 96

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[CLP] PROFESSIONAL PRACTICE
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LPPER
LPPER 1978: 1978 Conduct
General
R.44 TRADE
Advocate and solicitor not to actively carry on any trade

12.02. Advocate and Solicitor acting as company secretary

(1) An Advocate and Solicitor shall notify the Bar Council within 1 month of his/her first
becoming a company secretary, or if he/she is already a company secretary, within 1 month of
the coming into effect of this Ruling.
(2) He/she shall perform his/her role as a company secretary within his/her full-time practice
in a law firm.
(4) & (5) He/she shall comply with the Etiquette Rules and shall be subject to all disciplinary
RULE 31 DIGNITY
rules governing an Advocate and Solicitor.
(7) Anyadvocate
Every law firm&providing secretarial
solicitor shall serviceuphold
at all times may describe itselfand
the dignity as high
providing company
standing of his
secretarial services on its letterhead.
profession.
(8) No A&S is permitted to merely supervise a company secretarial firm, unless his/her law
firm handles the secretarial work and secretarial fees are paid directly to the law firm.
KASHMIR HARBANS SINGH | 2023 97

LPPER
LPPER 1978: 1978 Conduct
General
R.44 TRADE
Advocate and solicitor not to actively carry on any trade

12.03 Advocate and Solicitor acting as registered patent, trade mark, industrial
design and/or geographical indication agent

(1) An Advocate and Solicitor shall notify the Bar Council within 1 month of his/her
first becoming a registered patent, trade mark, industrial design and/or geographical
RULE 31
indication agent, or if he/she is already a DIGNITY
registered patent, trade mark, industrial
Every and/or
design advocate & solicitor shall
geographical at all times
indication agent,uphold
withinthe dignityofand
1 month thehigh standing
coming of his
into effect
of this Ruling. profession.

KASHMIR HARBANS SINGH | 2023 98

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[CLP] PROFESSIONAL PRACTICE
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LPPER
LPPER 1978: 1978 Conduct
General

R.44 TRADE
Advocate and solicitor not to actively carry on any trade

SYED MUBARAK BIN SYED AHMAD V MAJLIS PEGUAM MALAYSIA [2000]

Gopal Sri Ram JCA - A&S should exclusively practise the legal profession and not otherwise

RULE 31 DIGNITY
Every advocate & solicitor shall at all times uphold the dignity and high standing of his
profession.

KASHMIR HARBANS SINGH | 2023 99

LPPER
LPPER 1978: 1978 Conduct
General

R.43 STIR

Advocate and solicitor not to stir up strife

& litigation

No advocate and solicitor shall volunteer advice to bring

an action or to stir up strife and litigation.

KASHMIR HARBANS SINGH | 2023 100

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LPPER
LPPER 1978: 1978 Conduct
General

R.26 MISLEAD
Advocate and solicitor not to mislead

An advocate and solicitor shall avoid everything

which may tend to mislead a party not represented
by counsel

KASHMIR HARBANS SINGH | 2023 101

LPPER 1978: GENERAL CONDUCT

BC Ruling 14.13 THREATS OF CRIMINAL PROCEEDINGS ARE IMPROPER

(1) It is improper to make threats of criminal proceedings as a means of exerting
pressure to recover a civil debt.

(2) An Advocate and Solicitor may draw the attention of any person to the fact that
failure to comply with a statutory requirement may constitute an offence.

KASHMIR HARBANS SINGH | 2023 102

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[CLP] PROFESSIONAL PRACTICE
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LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

An advocate and solicitor shall not do or cause or allow to be done, anything for the
purpose of touting directly or indirectly, or which is calculated to suggest that it is
done for that purpose.

KASHMIR HARBANS SINGH | 2023 103

LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

Scott LJ in Re A Solicitor [1945] 1 All ER 445

“Touting” for clients is, like advertising, fundamentally inconsistent with the interest of the public and
with the honour of the profession. The function of a solicitor is to advise or negotiate or fight for a
client, but only if retained. The client may seek him, but he must not seek the client. And this rule of
conduct must be made a reality, and not evaded by the subterfuge of getting some laymen to do the
touting for him. To ensure the success of this fundamental policy of the profession, in the case of
accident claims, where in practice the danger is greatest, a veto is laid down … against accepting clients
who have been brought to him by lay touts.

KASHMIR HARBANS SINGH | 2023 104

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LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

Scott LJ in Re A Solicitor [1945] 1 All ER 445

“Touting” for clients is, like advertising, fundamentally inconsistent with the interest of the public and
with the honour of the profession. The function of a solicitor is to advise or negotiate or fight for a
client, but only if retained. The client may seek him, but he must not seek the client. And this rule of
conduct must be made a reality, and not evaded by the subterfuge of getting some laymen to do the
touting for him. To ensure the success of this fundamental policy of the profession, in the case of
accident claims, where in practice the danger is greatest, a veto is laid down … against accepting clients
who have been brought to him by lay touts.

KASHMIR HARBANS SINGH | 2023 105

LPPER 1978: GENERAL CONDUCT

RULE 42 – COMMUNICATE

An advocate and solicitor shall not communicate with a person upon any
matter in respect of which to his knowledge that person is represented by
another advocate and solicitor except with the other's express consent.

BAR COUNCIL RULINGS 6.02. SECOND OPINION

Rule 42 does not apply where an Advocate and Solicitor has been requested by a person to provide
another opinion on a matter in respect of which such Advocate and Solicitor is aware that the
person is represented by another Advocate and Solicitor.

KASHMIR HARBANS SINGH | 2023 106

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LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

In the matter of Phool Din & Ors. [1952] AIR Allahabad 491
Legal profession is one of the honourable professions. Every litigant should be at liberty to find out for
himself as to which lawyer will render him the best service. If he engages a lawyer through a tout, the
tout is likely to take him to a lawyer who gives him the largest remuneration. A tout would not be
concerned with affording the best service to a litigant … The system of toutism is bound to corrupt the
legal profession. A most talented lawyer may not be able to get work because he does not stoop down to
accept an engagement through a tout; but a lawyer who has no scruples to accept employment through
a tout may have large work, because he gives a share of his remuneration to the tout.

KASHMIR HARBANS SINGH | 2023 107

LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

e.g.
KOID HONG KEAT v RHINA BHAR [1989]
The defendant (an advocate & solicitor) agreed orally to pay the plaintiff
10% of the fees collected by the defendant upon the conclusion of each case referred to the
defendant for consultation, legal proceedings or otherwise.

HC: touting agreement not against public policy hence void - not illegal in light of s24
Note but: see BALAKRISHNAN DEVARAJ v. PATWANT SINGH NIRANJAN SINGH & ANOR [2005]

KASHMIR HARBANS SINGH | 2023 108

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LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

LEE KUANG GUAT v. CHIANG WOEI CHIEN (2020)

The appellant’s daughter succumbed to the injuries which she sustained in a road accident that took place
in 2008. By way of a letter dated 4 Aug 2011, the respondent, an advocate & solicitor, was instructed
through a tout (‘Foo’), to file a dependency claim on behalf of the plaintiff as the action was going to be
time barred very soon. The respondent had not met the plaintiff and did not collect any deposit towards
fees and disbursements. He was also not formally appointed by way of a warrant to act. The defendant did
express to Foo the difficulties that he was facing in contacting the plaintiff and stipulating his conditions,
in relation to payment of fees, for handling the dependency claim. Nonetheless, the defendant proceeded
to file a claim for dependency.
KASHMIR HARBANS SINGH | 2023 109

LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

LEE KUANG GUAT v. CHIANG WOEI CHIEN (2020)

Court of Appeal
[para. 33] … Foo was not an advocate & solicitor. Foo was, to put it bluntly, a “tout” for accident
cases. It seems quite apparent from the factual matrix that Foo is accustomed to farming out
accident cases to firms other than LKHW. The defendant’s firm appears to be one such firm.
[para.89] No doubt, it was Foo who gave the “instructions” for the defendant to file the
dependency suit, but that only makes Foo an intermediary … The fact that the defendant
agreed to and did file the dependency suit amounts to an “implied retainer” and gives rise to a
solicitor-client relationship between the defendant (solicitor) and the plaintiff (client).
KASHMIR HARBANS SINGH | 2023 110

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LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

LEE KUANG GUAT v. CHIANG WOEI CHIEN (2020)

Court of Appeal - obiter dicta
Touting, in all its forms and manifestations, is prohibited by law and has grave
consequences to solicitors and others involved. The Malaysian Bar has expressed the
view that touting is a menace. In a press release dated 27 August 2019, under the
heading “Stricter Enforcement Against Touting” …

KASHMIR HARBANS SINGH | 2023 111

LPPER 1978: General Conduct

RULE 51 – TOUTING
Source: https://www.malaysianbar.org.my/
Advocate and solicitor not to do
or cause touting

TOUTING
amounts to professional misconduct
pursuant to s.94(3)(h) LPA 1976 &
Rule 51 LPPER 1978.

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LPPER 1978: General Conduct

RULE 51 – TOUTING
Advocate and solicitor not to do or cause touting

BC RULING 14.23. Payment For Introducing Clients

The acceptance by an Advocate and Solicitor (“Introducer”) of any form of payment (such as
commission) from any person merely for introducing clients to such person without the provision of
legal services by the Introducer, is tantamount to touting on the part of the Introducer. Likewise, an
Advocate and Solicitor shall not make any form of payment to any person for introducing clients to
such Advocate and Solicitor.

Provided that this Ruling shall not prohibit the sharing of fees and costs by an Advocate and Solicitor
with a qualified person, for legal services rendered by the Advocate and Solicitor.

This ruling took effect on 15 Jan 2019

KASHMIR HARBANS SINGH | 2023 113

LPPER 1978: GENERAL CONDUCT

RULE 52 – SHARING
No division of costs or profits with unqualified person
It is unprofessional and improper conduct for an advocate & solicitor to …

(b) (c)
(a)
Pay, give, agree to pay / agree to give any Accept/agree to accept less
Divide / agree to commission, gratuity or valuable consideration to
divide either costs than the scale fees laid down
any unqualified person to procure or influence or
received/the profits of by law in respect of non-
for having procured or influenced any legal
his business with any business and whether such payment, gift or
contentious business carried
unqualified person agreement be made under pretext of services out by him except for some
rendered or otherwise, but this rule does not special reason where no
prohibit the payment of ordinary bonuses to staff; charge at all is made.

BC RULING 17.11 : Rule 52 shall apply to an Advocate & Solicitor in connection with the operation or maintenance
of/access to his/her website.
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LPPER 1978: GENERAL CONDUCT

RULE 52 – SHARING
No division of costs or profits with unqualified person

BALAKRISHNAN DEVARAJ v. PATWANT SINGH NIRANJAN SINGH & ANOR

[2005]
1995
Finance &
New
Manage
Partner
The Firm

Oral agreement
1991
25% Fees
Plaintiff Defendant(s) Agreed to oral
agreement

KASHMIR HARBANS SINGH | 2023 115

LPPER 1978: GENERAL CONDUCT

RULE 52 – SHARING
No division of costs or profits with unqualified person

BALAKRISHNAN DEVARAJ v. PATWANT SINGH NIRANJAN SINGH & ANOR [2005]

• Defendants contended that the plaintiff has no cause of action in contract against the
defendants in respect of the commissions for touting as the touting arrangement was
illegal.
• The defendants argued that the oral agreement is void by reason of illegality as well as
by reason of public policy. - ss. 24(a) & (e) Contracts Act 1950

KASHMIR HARBANS SINGH | 2023 116

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LPPER 1978: GENERAL CONDUCT

RULE 52 – SHARING
No division of costs or profits with unqualified person

BALAKRISHNAN DEVARAJ v. PATWANT SINGH NIRANJAN SINGH & ANOR [2005]

High Court
• The Practice & Etiquette Rules are made pursuant to s. 77 LPA 1976, a law enacted by
Parliament. Thus the Practice & Etiquette Rules is a subsidiary (or subordinate) legislation; it
is statutory law, and has the force of law like any other delegated legislation …
• Having said the above, the conclusion that I wish to make now is that the touting arrangement
is both illegal and against public policy by reason of rr. 51 and r. 52(b) of the Practice and
Etiquette Rules; and thus, by reason of s. 24 Contracts Act, is void & unenforceable by the
plaintiff against the defendants (& vice versa). Therefore the plaintiff’s claim for the
commissions for touting works is unsustainable….
KASHMIR HARBANS SINGH | 2023 117

LPPER 1978: GENERAL CONDUCT

RULE 52 – SHARING
No division of costs or profits with unqualified person

BALAKRISHNAN DEVARAJ v. PATWANT SINGH NIRANJAN SINGH & ANOR [2005]

High Court
… My adverse ruling on the validity of the plaintiff’s claim for touting commissions should not
preclude the case from proceeding to trial on the remaining claims of the plaintiff:

The plaintiff’s claim … [was] not merely for the payment of commissions under the touting
arrangement. There is also an allegation in the statement of claim of moneys advanced to the
defendants by the plaintiff for litigation purposes with the understanding that they were to be
reimbursed to the plaintiff by the defendants in due course and of the supply of office equipments to
the office of the defendants’ law firm by the plaintiff. There is also a claim for defamation, a claim in
negligence, a claim for accounts to be furnished, and a claim in quantum meruit (for services
rendered to the defendants other than touting for them), and a claim for restitution (for example,
the return of office equipments to the plaintiff).
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LPPER 1978: GENERAL CONDUCT

RULE 53 – COMMISSION
Agency Commission or Profit Costs

Agency commission or profit costs* may be allowed between

an advocate and solicitor practising in Malaysia and his
recognised agent or agents practising in Malaysia or elsewhere.

* Cost for conducting civil litigation

KASHMIR HARBANS SINGH | 2023 119

LPPER 1978: GENERAL CONDUCT

RULE 61
Lay Agency
An advocate and solicitor shall not permit himself to be controlled or exploited by any
lay agency intervening between client and himself.

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LPPER 1978: GENERAL CONDUCT

RULE 59 – BRANCH
No branch office without advocate and solicitor
(1) No advocate and solicitor shall maintain a branch office unless the same is:
(a) in the name of his firm; and
(b) continuously manned by the advocate and solicitor himself or one of the
partners in his firm or by an advocate and solicitor wholly employed by him or his
firm.

(2) The branch office shall not be in the same office as that of any other firm of advocates and solicitors.

(3) No advocate and solicitor shall practise his profession in the States of Malaya in or as a partner of more
than one firm at any time without the consent of the Bar Council.

(4) No advocate and solicitor shall practise his profession unless he maintains an office within the States
of Malaya

KASHMIR HARBANS SINGH | 2023 121

LPPER 1978: GENERAL CONDUCT

RULE 59 – BRANCH
No branch office without advocate and solicitor

Bar Council Rulings 7.01 - Requirements for maintaining an office

(5) Opening a new branch office
No Advocate and Solicitor shall open a branch office without first having provided the Bar

Council with full particulars in writing in compliance with Rule 59 of the Etiquette Rules

and without obtaining the prior written approval of the Bar Council.

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LPPER 1978: GENERAL CONDUCT

RULE 60 – CONSULTANT
Use of ‘Consultant’ and ‘Associate’
(1) An advocate and solicitor may have his name appear as "consultant" on the letterhead of a firm of advocates and
solicitors if-
(a) he has a valid practising certificate issued under Part III of the Act;
(b) he-
(i) has been in active practice at the Malaysian Bar for a period of not less than 20 years;
(ii) has served as a Judge of the Federal Court or Supreme Court, Judge of the Court of Appeal, Judge of the High Court in
Malaya, Judge of the High Court in Sabah and Sarawak or High Court in Borneo for a period of not less than twenty years
in such capacity or any combination thereof;
(iii) has been in active practice at the Malaysian Bar and, in addition, has served as a Judge of the Federal Court or
Supreme Court, Judge of the Court of Appeal, Judge of the High Court in Malaya or Judge of the High Court in Sabah and
Sarawak or High Court in Borneo, or any combination thereof, for a period which, aggregated with the period of his
active practice at the Malaysian Bar, totals not less than twenty years; or
(iv) has been in active practice at the Malaysian Bar for a period of not less than ten years and, in addition, has served as
a President or Chairman of the Industrial Court or a member of the Malaysian Judicial and Legal Service, or any
combination thereof, for a period which, aggregated with the period of his active practice at the Malaysian Bar, totals not
less than twenty years; and
(c) he is not a partner, associate or legal assistant in any other firm of advocates and solicitors or engaged in any other
capacity in any such other firm in the States of Malaysia.

See also BC RULINGS 3.02; 3.03; 3.04

KASHMIR HARBANS SINGH | 2023 123

ETHICS & ADVOCACY

Publicity Rules [LPPR 2001]

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LPPER
LPPR 2001
1978

LEGAL PROFESSION (PUBLICITY) RULES 2001

These Rules apply to every Advocate and Solicitor,

whether he is practising as a sole proprietor or as a partner,
an employee or a consultant of a firm.

KASHMIR HARBANS SINGH | 2023 125

LPPR 2001
LPPER& 1978
BC RULING

BC RULING, CHAPTER 5
5.01. Overriding principles
(1) 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.

(2) 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 touting
or which is likely to lead to the reasonable inference that it is done for that
purpose.
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LPPER
LPPR 2001
1978

RULE 24, LPPR 2001 Responsibility

(1) An Advocate and Solicitor shall be responsible, in so far as it is or should be within his control, to
ensure that any publicity relating to his practice or the practice of his firm is done in accordance with
these Rules, whether such publicity is done by him, his employee or any other person on his behalf.
(2) Where an Advocate and Solicitor becomes aware of any impropriety in any publicity relating to his
practice or the practice of his firm, he shall be responsible, in so far as it is or should be within his
control, to use his best endeavours to rectify or withdraw the publicity, and he shall at all times ensure
that the Bar Council is informed in writing as regards such matter.

(3) Where it appears to the Bar Council that any publicity relating to the practise of an
Advocate and Solicitor or his firm is contrary to these Rules, it may, without prejudice
to its powers under the Act, after making due inquiry regarding the publicity, order the
Advocate and Solicitor or his firm, or both to alter, modify, withdraw, remove or
discontinue the publicity.

(4) The responsibility of an Advocate and Solicitor under this rule shall not be
delegable.
KASHMIR HARBANS SINGH | 2023 127

LPPR 2001
LPPER
: GENERAL
1978 RULE

RULE 4, LPPR 2001 PUBLICISE

Advocate & Solicitor not to publicize except in accordance with these Rules
(1) No Advocate and Solicitor shall publicize his practice or the practice of his
firm, or permit or allow any of his employees or any other person to publicize
that practice, in any manner except in accordance with these Rules.
(2) No Advocate and Solicitor shall solicit or attempt to solicit professional
business by doing or permitting to be done anything which, by its manner,
frequency or otherwise, will have, in the opinion of the Bar Council, the effect of
publicizing his practice or the practice of his firm in a manner which is
inconsistent with or not permitted by these Rules.

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LPPR 2001
LPPER& 1978
BC RULING

BC RULING 5.02. (1) Notice in newspaper

Subject to Rule 4(2) of the Publicity Rules, no notice or
advertisement placed in a national or local newspaper for or on
behalf of a client by an Advocate and Solicitor shall be in a form or
be for such a period which is in the opinion of the Bar Council,
likely to be construed as a form of advertisement either for such
Advocate and Solicitor or for his/her firm and such notice or
advertisement shall not in any event appear beyond a reasonable
period necessary for the purpose of such notice or advertisement

KASHMIR HARBANS SINGH | 2023 129

LPPERLPPER
1978: PUBLICITY
1978

RULE 48 PHOTOGRAPH
Advocate and solicitor not to publish photograph

An advocate and solicitor shall not take steps to procure the publication of his
photograph as a member of the Bar in the press or any periodical.

BAR COUNCIL RULING 5.10. Publication of photographs

The publication of the photograph of an Advocate and
Solicitor in a brochure or other publicity material is
permissible provided that the photograph is not
incompatible with the dignity of the legal profession.
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LPPERLPPER
1978: PUBLICITY
1978

RULE 49 REPORTING

Advocate and solicitor not to solicit reporting

It is contrary to etiquette for an advocate and solicitor to
solicit the reporting of any matter in which he has been
professionally engaged, but he may consider and revise
reports of cases in which he has been professionally engaged
so as to ensure the correctness of the Report

KASHMIR HARBANS SINGH | 2023 131

LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(a) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall not do so in a manner -

(ii) as may reasonably be regarded as being

(i) as will be likely to DIMINISH ostentatious, in bad taste, misleading,
PUBLIC CONFIDENCE in the legal deceptive, inaccurate, false, sensational,
profession or to otherwise bring the intrusive, offensive or in any other way
legal profession into disrepute; unbefitting the dignity of the legal
profession;

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LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(i) make any claim that he or any other

Advocate and Solicitor practising in his firm is a
specialist or expert in any area of practice

For illustration purposes only KASHMIR HARBANS SINGH | 2023 133

LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(ii) make any direct or indirect reference to the

number or proportion 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 practising in his firm;

For illustration purposes only KASHMIR HARBANS SINGH | 2023 134

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LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b)(ii) An Advocate and Solicitor who publicizes his practice or the practice
of his firm within Malaysia shall NOT in the publicity—

5(3) Publicity is misleading, deceptive, inaccurate or false if—

(a) it contains a material misrepresentation of fact;
(b) it omits to state a material fact;
(c) it contains any information which cannot be reasonably verified; or
(d) it is likely to create an unjustified expectation about the results that can be
achieved by the Advocate and Solicitor or his firm.
KASHMIR HARBANS SINGH | 2023 135

LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(iv) 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;

For illustration purposes only KASHMIR HARBANS SINGH | 2023 136

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LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(iv) make any statement relating to the rates

charged by him or his firm, or to his or his
firm's methods of charging

For illustration purposes only KASHMIR HARBANS SINGH | 2023 137

LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(vi) 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;

For illustration purposes only KASHMIR HARBANS SINGH | 2023 138

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LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(vii) make any comparison with, or criticism in

relation to, the charges for, or the quality of,
services provided by any other Advocate and
Solicitor or firm;

For illustration purposes only KASHMIR HARBANS SINGH | 2023 139

LPPER
LPPR 2001
1978

RULE 5, LPPR 2001 Publicity within Malaysia

(1)(b) An Advocate and Solicitor who publicizes his practice or the practice of
his firm within Malaysia shall NOT in the publicity—

(vii) incorporate the armorial bearings of the

Malaysian Bar and Bar Council; or

For illustration purposes only KASHMIR HARBANS SINGH | 2023 140

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LPPER
LPPR 2001
1978

RULE 6, LPPR 2001

Practice Area

Any publicity relating to the practice of an

Advocate and Solicitor or his firm may state
the area of practice engaged in by the
Advocate and Solicitor or his firm.

For illustration purposes only KASHMIR HARBANS SINGH | 2023 141

LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

“high profile lawyer”

“top lawyer”

“people had no difficulty finding the respondent’s

office (which has no signboard) because of the
respondent’s reputation

KASHMIR HARBANS SINGH | 2023 142

Source: https://www.pressreader.com/

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LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

the cases handled e.g., the Ayer Molek case

the judges who conducted the cases

“I can tell you that whenever I am a defence

counsel, the AG’s Chambers always sends, without
doubt, their best team against me. This is true.”

“I am an authority in election law and there are

very few of us in this country. I am also one of the
world’s experts on extradition and mutual
assistance cases.”

Source: https://www.pressreader.com/
KASHMIR HARBANS SINGH | 2023 143

LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

ISSUE: Breach of LPPR 2001 – Bar Council’s complaint against the respondent was that
both articles contained statements which according to the BC amounted to misconduct
under ss. 94(3)(k) and 94(3)(o) LPA 1976

The Disciplinary Committee concluded that the respondent had in his

interview with the journalist publicised himself and his firm of solicitors in
breach of inter alia,
• rr. 2, 5(1)(b)(vi), 15(2) and 24 LPPR 2001
• r. 48 LPPER 1978
• Ruling 14.01 Rules and Rulings of the Bar Council

A fine of RM5,000 was imposed on the respondent.

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LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

HIGH High Court held that the two articles contained laudatory remarks and
COURT statements about the respondent and his firm of solicitors which were
beyond the scope of “approved information” allowed by the 2001 Rules.
The learned judge also held that the opinion of the Bar Council under
r. 15(1)(b) of the 2001 Rules is the primary consideration insofar as it
relates to the question as to whether what was said at the interview will
reasonably give rise to an inference that the respondent was attempting
to publicise his practice.
The learned judge further held that it is the respondent’s duty under r. 24
of the 2001 Rules to rectify and withdraw such publication once he
became aware of it. No evidence was led to show that the respondent had
taken any action to ensure as such.

KASHMIR HARBANS SINGH | 2023 145

LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

COURT The statements must be read in the context of the articles as a whole. In
OF this instance, the words describing the respondent as a top and high
APPEAL profile lawyer in the first article were the journalist’s own remarks; as
were the journalist’s remarks relating to people finding the respondent’s
office without any signboard because of the respondent’s reputation.

The said remarks reflected the journalist’s personal opinion. It was

something which the respondent could not have prevented the journalist
from expressing. There did not appear to be any evidence to show that the
respondent solicited the interview or that the respondent wanted to
publicise his practice or his firm. In the circumstances, the words in
question could not be ascribed to the respondent as being laudatory and in
contravention of r. 5 of the 2001 Rules;
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LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

COURT The two statements in the second article were made with respect to the
OF scope of the journalist’s questions. The statements in question were not
APPEAL laudatory remarks within the meaning of rr. 5 or 15 of the 2001 Rules.

The statements were made in the course of an extensive long interview

and in response to questions about the criminal justice system and the
respondent’s preference insofar as work was concerned.

Read in that light, the references to his expertise in election law and
extradition law and mutual assistance in criminal matters could to a large
extent fall under “approved information” under rr. 2(m) and 2(g) of the
2001 Rules;

KASHMIR HARBANS SINGH | 2023 147

LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

COURT The fact that the statements are laudatory in itself does not automatically
OF lead to the conclusion that there has been publicity within the meaning of
APPEAL the 2001 Rules. The statements must be read within the context of the
entirety of the articles and surrounding circumstances.

The other factors which the DC and DB ought to have considered were:
1. the intention of the respondent with respect to the fact of what the
journalist had asked in her scope of questioning him;
2. the intention of the journalist as to the purpose of the interview; and
3. the general message that came out from reading the articles; and
4. looking at the statements in question objectively and in the context of
which they were made, there was no publicity within the meaning of the
2001 Rules. Accordingly the appellant did not breach the 2001 Rules.
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LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

FEDERAL [para 15] “Publicise” according to r. 2 of the 2001 Rules means to make
COURT
known to the public through any form of advertisement. Pertinent to
note that publicity per se does not amount to a “misconduct” within the
ambit of the LPA 1976. The 2001 Rules permits publicity with
conditions that any form of publicity by an advocate and solicitor shall
only contain “approved information”.

KASHMIR HARBANS SINGH | 2023 149

LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

FEDERAL [para 21] We were of the view that the respondent although at all times had
COURT control over what he was saying when he was answering the questions posed
to him by the journalist during the interview, he, however, had no control
over the information provided by him that led to the journalist making such
perceived laudatory remarks. The said articles were in the nature of “featured
articles” on the career and lifestyle of the respondent. On that basis, we
agreed with the respondent that it was not a feeble attempt to solicit clients,
tout or advertise his services. In our judgment, we found that the interview
given by the respondent had been taken totally out of proportion and context
by the Bar Council. In the circumstances, we were unanimous that the
respondent had not publicised himself or his firm of solicitors in a manner
that infringed the 2001 Rules.

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LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

FEDERAL [para 22] Now we move on to the second article. To appreciate the context in
COURT which the allegations were made against the respondent, we find it necessary
to quote the relevant excerpt from the second article which is as follows:

Q: Sometimes the police does shoddy work and the judge has no choice but to
acquit. How do you feel about that?

A: In those cases I have no problem with my conscience because the

prosecution just didn’t prove it. It is unfortunate and in fact regretful. The
criminal justice system can only work well if both sides are equally strong
and equally competent..

KASHMIR HARBANS SINGH | 2023 151

LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

FEDERAL [para 22] Q: Sometimes the police does shoddy work and the judge has no
COURT choice but to acquit. How do you feel about that?
A: In an adversarial practice, there are opposing sides and the judge is the
referee. If the matter is well projected to the judge, he makes the right
decision. But if you find that too often one side is too weak, then there can be
a problem getting justice.
I can tell you that whenever I am the defence counsel, the AG’s Chambers
always sends, without doubt, their best team against me. This is true.
But I have got no problem with that because I have done the work and it just
means I have got to work a lot harder.

KASHMIR HARBANS SINGH | 2023 152

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LPPER
LPPR 2001
1978

Majlis Peguam v. Dato’ Seri Dr. Muhammad Shafee Abdullah [2016]

FEDERAL [para 25] We have perused through the impugned article. After doing so, we found that
COURT the statements in question were made with respect to the scope of the journalist’s
questions. We were unanimous in our view that the statements in question were not
laudatory remarks within the meaning of rr. 5 or 15 ... The statements were made in the
course of an extensive long interview and in response to questions relating to the
criminal justice system and the respondent’s preference insofar as work was concerned.
Read in that light, the references to his expertise in election law and extradition law and
mutual assistance in criminal matters could to a large extent fall under “approved
information” under rr. 2(m) and 2(g) of the 2001 Rules.

[27] In our judgment, looking at the statements in question objectively and in the
context of which they were made, we held the view that there was no publicity and the
statements in question were not laudatory. The comments about the respondent’s areas
of expertise are more in the nature of general comments across the Board, justified and
not misleading.
KASHMIR HARBANS SINGH | 2023 153

LPPER
LPPR 2001
1978

RULE 7, LPPR 2001 Letterhead & Stationeries

No letterhead or stationery used by an A&S or his firm for professional purposes
shall contain any information pertaining to the Advocate and Solicitor or his firm,
except approved information

Approved information
see Rule 2 LPPR 2001

KASHMIR HARBANS SINGH | 2023 154

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LPPR 2001
LPPER
& BC
1978
RULINGS

Approved information
Rule 2 LPPR 2001

BC RULINGS 5.17 ADDITIONAL LIST

(a)academic and professional qualifications including “First Class Honours” and

“Merit”, as well as any non-law qualifications;

(b) work experience (where not part of any employment with a law firm) including
any work undertaken on a voluntary or advisory nature, teaching or lecturing
positions;

(c) memberships of and/or affiliations to any societies or other organisations or

associations;
KASHMIR HARBANS SINGH | 2023 155

LPPR 2001
LPPER
& BC
1978
RULINGS

Approved information
Rule 2 LPPR 2001

BC RULINGS 5.17 ADDITIONAL LIST

(d) memberships of committees, sub-committees, ad hoc working or study groups of the Bar
Council and other activities undertaken on behalf of the Malaysian Bar;

(e) books and articles written including conference papers presented, conferences participated in
and speaking engagements;

(f) information on transactions (generally corporate and financial transactions) and whether cross-
border transactions or otherwise, which Advocates and Solicitors or law firms have been or are
involved in, provided that their clients’ names should not be disclosed without the prior consent of
their clients;
KASHMIR HARBANS SINGH | 2023 156

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LPPR 2001
LPPER
& BC
1978
RULINGS

Approved information
Rule 2 LPPR 2001

BC RULINGS 5.17 ADDITIONAL LIST

(g) ISO certification;

(h) membership in the Bar Council or State Bar Committee;

(i) arbitrator on the panel of ... (name of the relevant recognised body); and

(j) mediator on the panel of ... (name of the relevant recognised body).

KASHMIR HARBANS SINGH | 2023 157

LPPR 2001
LPPER
& BC
1978
RULINGS

BC RULING 3.01. Use of colours in letterhead

The use of colours in the letterhead or stationery of a law

firm is permitted so long as the colours are used in a manner
that is not incompatible with the dignity of the legal
profession.

KASHMIR HARBANS SINGH | 2023 158

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LPPR 2001
LPPER
& BC
1978
RULINGS

BC RULING 3.05.

Logo, elaborate or decorated script or style permitted

The use of any logo, insignia, seal of the firm and any elaborate or decorated script
or style on a law firm’s letterhead and stationery in a manner which is unobtrusive
and not incompatible with the dignity of the legal profession is permitted.

(Updated on 30 July 2020)

KASHMIR HARBANS SINGH | 2023 159

LPPR 2001
LPPER
& BC
1978
RULINGS

BC RULING 3.06. Chinese seal

The use of a Chinese seal is permitted provided it is limited to the name of the law
firm and is discreet, unobtrusive and not incompatible with the dignity of the legal
profession.

BC RULING 3.07. Chinese character (Da)

The Chinese character "大" (Da) which connotes “big” shall not be included on a law
firm’s letterhead, stationery or signboard.

KASHMIR HARBANS SINGH | 2023 160

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LPPR 2001
LPPER
& BC
1978
RULINGS

BC RULING 3.08

Telephone number, and facsimile number and/or email address

The telephone number of a law firm, as well as its facsimile number and/or email
address, must be stated in the firm’s letterhead.

(Updated as at 2 Oct 2020)

KASHMIR HARBANS SINGH | 2023 161

LPPR 2001
LPPER
& BC
1978
RULINGS

BC RULING 3.10. Display of email and website addresses of law firm

A law firm is permitted to incorporate the firm’s email and website

addresses in the firm’s letterhead and stationery.

KASHMIR HARBANS SINGH | 2023 162

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LPPER
LPPR 2001
1978

RULE 8, LPPR 2001 Directories

(1) An Advocate and Solicitor may publicize his practice or
the practice of his firm by inserting an advertisement—

(a) in any one or more of the legal or non-legal publications

For illustration purposes only approved in writing by the Bar Council;

(b) in any other publication which appearance and contents

are befitting the dignity of the legal profession; or

(c) in such other media as are permitted by these Rules

KASHMIR HARBANS SINGH | 2023 163

LPPER
LPPR 2001
1978

RULE 8, LPPR 2001 Directories

(2) The advertisement … shall contain only approved information.

(3) … shall cause a record of the advertisement to be kept at

his principal place of business for a period of at least 12
months from the date of its publication, and shall, upon being
requested to do so by the Bar Council, produce the record of
For illustration purposes only the advertisement to the Bar Council for inspection within the
time as specified by the Bar Council.

KASHMIR HARBANS SINGH | 2023 164

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LPPER
LPPR 2001
1978

BAR COUNCIL RULINGS 5.18.

Awards to law firm

A law firm is permitted to publicise awards given to the firm in the firm’s profile,
greeting cards as well as on its website as a tagline in all the firm’s outgoing mail.

For illustration purposes only

KASHMIR HARBANS SINGH | 2023 165

LPPER
LPPR 2001
1978

PEARSON SPECTER LITT RULE 9, LPPR 2001 Nameplate

ADVOCATES & SOLICITORS
(1) An Advocate and Solicitor shall display a
PEGUAMBELA & PEGUAMCARA
No. 1, Jalan 2, 34500 KL nameplate on the outside of the premises at
012-998 9999
which his firm is located.

(2) The nameplate referred to in subrule (1) shall

contain only approved information and shall not
be larger than 92 centimetres by 61 centimetres.

For illustration purposes only KASHMIR HARBANS SINGH | 2023 166

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LPPER
LPPR 2001
1978
BC RULING 5.13
Solicitor’s name not to appear on signboard of another person
No Advocate and Solicitor shall permit his/her name or his/her firm’s name to
appear on the signboard of another person (“Person”) unless the signboard of such
Person complies with the Publicity Rules, and Rulings pertaining to nameplates and
signboards of Advocates and Solicitors or law firms.

PEARSON SPECTER LITT

ADVOCATES & SOLICITORS
PEGUAMBELA & PEGUAMCARA
No. 1, Jalan 2, 34500 KL
012-998 9999
KASHMIR HARBANS SINGH | 2023 For illustration purposes only 167

LPPER
LPPR 2001
1978
BC RULING 5.13A Exception to 5.13
… save where such Advocate and Solicitor or a partner or partners of his/her firm
fully own(s) the business or has/have a controlling interest in the Person, and the
Person carries on business, solely in connection with, or for the purpose of, the
firm’s practice, which in the opinion of the Bar Council is not incompatible with the
dignity of the legal profession.

PEARSON SPECTER LITT

ADVOCATES & SOLICITORS
PEGUAMBELA & PEGUAMCARA
No. 1, Jalan 2, 34500 KL
012-998 9999
For illustration purposes only
KASHMIR HARBANS SINGH | 2023 168

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LPPER
LPPR 2001
1978

RULE 10, LPPR 2001 Building Guide

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.

For illustration purposes only KASHMIR HARBANS SINGH | 2023 169

LPPER
LPPR 2001
1978

BC RULING 5.06

Reception for opening new office

An Advocate and Solicitor opening a new office may
have a reception for that purpose at his/her office, and
may invite friends, relatives and clients, but nothing
must be done or permitted to be done in connection
with the opening of the new office which will be
incompatible with the dignity of the legal profession.

For illustration purposes only KASHMIR HARBANS SINGH | 2023 170

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LPPER
LPPR 2001
1978

RULE 11, LPPR 2001 Business Card

(1) An Advocate and Solicitor may distribute his business
cards, or permit or allow any of his employees to distribute
the business cards, but such distribution must be done—
(a) discreetly; and
(b) only on occasions at which it is proper for the Advocate
and Solicitor to establish his professional identity.
(2) An Advocate and Solicitor shall not permit any other
person, not being his employee, to distribute any of his
business cards on his behalf.
(3) The business cards referred to in subrule (1) shall contain
only approved information.
For illustration purposes only
KASHMIR HARBANS SINGH | 2023 171

LPPER
LPPR 2001
1978

RULE 12, LPPR 2001 Brochure etc.

(1) An Advocate and Solicitor may produce for distribution
brochures, leaflets / pamphlets that contain approved information
and which may be distributed only to—
(a) his employees or any other Advocate and Solicitor practising in
his firm;
(b) any person who is his or his firm's client;
(c) any person making unsolicited and bona fide enquiries in
relation 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 distribution be done discreetly and
in a manner which is befitting the dignity of the legal
profession
For illustration purposes only
KASHMIR HARBANS SINGH | 2023 172

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LPPER
LPPR 2001
1978

RULE 12, LPPR 2001 Brochure etc.

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

(3) An Advocate and Solicitor who has produced and distributed

a brochure, leaflet or pamphlet under subrule (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 publication, 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 inspection within the
time as specified by the Bar Council
For illustration purposes only
KASHMIR HARBANS SINGH | 2023 173

LPPER
LPPR 2001
1978

RULE 13, LPPR 2001 Journal Magazine Newsletter

(1) An Advocate and Solicitor may produce for distribution a

journal, magazine or newsletter relating to the practice of his
firm, but such publication must contain only—

(a) approved information;

(b) law notes; or

(c) legal articles.

For illustration purposes only

KASHMIR HARBANS SINGH | 2023 174

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LPPER
LPPR 2001
1978

RULE 13, LPPR 2001 Journal Magazine Newsletter

(2) The Advocate and Solicitor may distribute the journal,

magazine or newsletter referred to in subrule (1) only to—
(a) his employees / any other Advocate and Solicitor practising
in his firm;
(b) any person who is his or his firm's client;
(c) any person making unsolicited and bona fide enquiries in
relation 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 distribution be done discreetly and
in a manner which is befitting the dignity of the legal profession

For illustration purposes only

KASHMIR HARBANS SINGH | 2023 175

LPPER
LPPR 2001
1978

RULE 13, LPPR 2001 Journal Magazine Newsletter

(3) No journal, magazine or newsletter relating to the practice
of an Advocate and Solicitor or his firm shall be put on display
except within the premises of that firm.

(4) An Advocate and Solicitor who has produced and

distributed a journal, magazine or newsletter under subrule (1)
shall cause a copy of the journal, magazine or newsletter to be
kept at his principal place of business for a period of a least 12
months from the date of its publication, and shall, upon being
requested to do so by the Bar Council, produce a copy of the
journal, magazine or newsletter to the Bar Council for
inspection within the time as specified by the Bar Council.

For illustration purposes only

KASHMIR HARBANS SINGH | 2023 176

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LPPER
LPPR 2001
1978

RULE 14, LPPR 2001 Notice

(1) An Advocate and Solicitor may insert in any newspaper, newsletter or
law journal, or send to any person who is his or his firm's client, or with
whom he has professional dealings, a notice for the purpose of conveying
information regarding—
(a) the commencement or dissolution of his practice;
(b) the merger/association of his practice with any other Advocate and
Solicitor or firm;
(c) the opening of any new branch of his firm;
(d) the admission, withdrawal, retirement, termination or resignation of any
Advocate and Solicitor to or from his firm, or the death of any Advocate and
Solicitor practising in his firm;
(e) any change in the name, address or telecommunication numbers of his
firm; (f) such other matters as may be approved in writing by the Bar
Council.
KASHMIR HARBANS SINGH | 2023 177

LPPER
LPPR 2001
1978

RULE 14, LPPR 2001 Notice

(2) An Advocate and Solicitor may insert in any newspaper,

newsletter or law journal a notice regarding a vacant position
in his firm and may in that notice state approved information,
but the statement must not be of such a nature as to
reasonably give rise, in the opinion of the Bar Council, to an
inference that he is attempting, through the notice, to
publicize his practice or the practice of his firm in a manner
inconsistent with these Rules.

KASHMIR HARBANS SINGH | 2023 178

For illustration purposes only

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LPPERLPPER
1978: PUBLICITY
1978

RULE 60A DOCUMENTS

Documents filed not to be furnished to the press

before hearing
An advocate and solicitor shall not furnish copies of any
document filed in Court, before the hearing of the matter in
open court, to the press and shall not in any event furnish
copies of any document other than documents read in Court.

KASHMIR HARBANS SINGH | 2023 179

LPPER
LPPR 2001
1978
RULE 15, LPPR 2001 Interviews with press, radio and television
(1) An Advocate and Solicitor may, at the request of the press, radio, television or other media, consent
to be interviewed, whether in his professional or private capacity, but—
(a) the interview shall not be in relation to any matter or be given with such frequency; or
(b) at the interview nothing must be said or done by him, as will reasonably give rise, in the opinion of
the Bar Council, to an inference that he is attempting, through the interview, to publicize his practice or
the practice of his firm in a manner inconsistent with these Rules.

(2) Where an Advocate and Solicitor is interviewed by the press, radio, television
or other media, he shall not allow any information pertaining to himself or his firm,
except approved information, to be publicized.
KASHMIR HARBANS SINGH | 2023 180

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LPPR 2001
LPPER& 1978
BC RULING

5.04. BC RULINGS
Press statements on outcome of litigation
An Advocate and Solicitor may, upon instructions from his/her
client, draft the result of any litigation involving that client for
publication in the press, but he/she is not to disclose his/her
name or the name of his/her firm.

KASHMIR HARBANS SINGH | 2023 181

LPPER
LPPR 2001
1978

RULE 16, LPPR 2001 Participation in seminars, conferences, forums, etc.

(1) An Advocate and Solicitor may give public lectures or

participate in seminars, conferences or forums and on such
occasions he shall not say or do anything or cause anything
to be done which will reasonably give rise, in the opinion of
the Bar Council, to an inference that he is attempting,
through the public lecture, seminar, conference or forum to
publicize his practice or the practice of his firm in a manner
inconsistent with these Rules.

KASHMIR HARBANS SINGH | 2023 182

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LPPER
LPPR 2001
1978

RULE 16, LPPR 2001 Participation in seminars, conferences, forums, etc.

(2) Any paper presented by an Advocate and Solicitor at any public lecture, seminar,
conference or forum under subrule (1) may—

a) be reproduced and distributed to the participants at the

public lecture, seminar, conference or forum; OR
b) be distributed in accordance with rr. 12 or 13,but the
paper shall not contain any information pertaining to the
Advocate and Solicitor or his firm, except approved
information.

KASHMIR HARBANS SINGH | 2023 183

LPPER
LPPR 2001
1978

RULE 17, LPPR 2001 Greeting Cards

(1) An Advocate and Solicitor may on any special occasion send greeting cards to— (a) any
person who is his or his firm's client; or (b) any person with whom he has professional dealings.

(2) The greeting card may, apart from the message of the
greeting, contain approved information.

(3) No Advocate and Solicitor shall send greetings to anyone for

any occasion by publishing the greetings in any form in any
newspaper, journal or other publication.

KASHMIR HARBANS SINGH | 2023 184

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LPPR 2001
LPPER
& BC
1978
RULINGS

BC RULING 5.02(3)
Congratulatory/condolence message by law firm
The name of a law firm without the description “Advocates and Solicitors” may be published
in a congratulatory or condolence message to a person or company. An Advocate and
Solicitor may publish such congratulatory or condolence message in his/her personal
capacity without the description “Advocate and Solicitor”.

KASHMIR HARBANS SINGH | 2023 185

LPPER
LPPR 2001
1978

RULE 18, LPPR 2001 Client’s Publicity

(1) Subject to subrule (2), no Advocate and Solicitor shall permit or allow his practice or the
practice of his firm to be publicized through the publicity of any person who is his or his
firm's client.
(2) An Advocate and Solicitor or his firm may be named in—
(a) the prospectus or annual report of a company who is a client of
the Advocate and Solicitor or his firm; or
(b) such other documents prepared by the client of the Advocate
and Solicitor or his firm that have been approved in writing by the
Bar Council.

KASHMIR HARBANS SINGH | 2023 186

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LPPER
LPPR 2001
1978
RULE 18, LPPR 2001 Client’s Publicity
(2A) No Advocate and Solicitor or his firm shall advertise or endorse the goods, products,
projects of or services provided by any person whether or not such person is his client.

BC RULING 5.16. Advertisement / endorsement of any product, goods or services not permitted

(3) Where an Advocate and Solicitor places an advertisement in any

newspaper, journal or other publication on behalf of a person who is his or
his firm's client, that advertisement shall not contain any information
pertaining to the Advocate and Solicitor or his firm, except—
(a) the name of the Advocate and Solicitor; and
(b) the name, address and telecommunication numbers of his firm.

KASHMIR HARBANS SINGH | 2023 187

LPPER
LPPR 2001
1978

RULE 19(1) LPPR 2001 Documents relating to property transaction

Where an Advocate and Solicitor, who is acting for any person who is
a party to a transaction for the sale and purchase or transfer of
property, prepares for the use of that person any document in
relation to the transaction which will be available for inspection by
the public, that document shall not contain any information
pertaining to the Advocate and Solicitor or his firm, except—
(a) the name of the Advocate and Solicitor; and
(b) the name, address and telecommunication numbers of his firm.

KASHMIR HARBANS SINGH | 2023 188

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LPPER
LPPR 2001
1978

RULE 19(2) LPPR 2001

Documents relating to property transaction

No Advocate and Solicitor or his firm shall permit or

allow his name or the name of his firm to appear in any
brochure, leaflet, pamphlet or any other document
prepared by a property developer for the purpose of
advertising projects developed by it.

KASHMIR HARBANS SINGH | 2023 189

LPPER
LPPR 2001
1978

BC RULING 5.03
Notice by sales agent, builder or developer

The name of an Advocate and Solicitor or his/her firm

shall not appear together with the name of any sales
agent, builder or developer in an advertisement relating
to a housing project.
.

KASHMIR HARBANS SINGH | 2023 190

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LPPR 2001
LPPER& 1978
BC RULING

BC RULING 5.02(2)
Advertising for sale of property

An Advocate and Solicitor may on behalf of his/her client,

place an advertisement for the sale by auction of any property
provided such advertisement is not done in a manner
incompatible with the dignity of the legal profession.

KASHMIR HARBANS SINGH | 2023 191

LPPR 2001
LPPER& 1978
BC RULING

BC RULING 5.15
Legal Adviser to “will package company”

The name of an Advocate and Solicitor or his/her

law firm shall not appear on the package of any “will
package company” unless the wills in such package
have been prepared by him/her or his/her law firm.

KASHMIR HARBANS SINGH | 2023 192

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LPPER
LPPR 2001
1978

RULE 20, LPPR 2001 Books, etc., written by Advocate and Solicitor

Where an Advocate and Solicitor has written or contributed to the writing—

(a) of a book which is intended to be published; or

(b) of a letter or an article which is intended to be published
in any newspaper, journal or other publication, no
information pertaining to the Advocate and Solicitor or his
firm may be stated in the book, newspaper, journal or other
publication, except approved information.

KASHMIR HARBANS SINGH | 2023 193

LPPER
LPPR 2001
1978

RULE 21, LPPR 2001 Publicity through the electronic media

1) Any publicity placed in, stored in or transmitted through

the electronic media must be done in such manner as
determined by the Bar Council.

2) The publicity shall not contain any information pertaining

to the Advocate and Solicitor or his firm, except approved
information.

KASHMIR HARBANS SINGH | 2023 194

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LPPER
BC RULINGS
1978

BC RULING 17.02 Compliance

Every website (including the Website Address) shall

comply with the Publicity Rules, all other applicable laws
and these Rules.

For the avoidance of doubt, this Rule shall apply to each

website notwithstanding that the name of the Advocate
and Solicitor or the name of his/her firm does not form
any part of the Website Address.

KASHMIR HARBANS SINGH | 2023 195

LPPER
BC RULINGS
1978

BC RULING 17.03
The presentation (look and feel) of a website shall comply with the Publicity Rules, in
particular Publicity Rule 5(1)(a)(i) and (ii).

(i) NOT TO make any claim that he or any other Advocate and
Solicitor practising in his firm is a specialist or expert in any area of
practice

(ii) NOT TO make any direct or indirect reference to the number or

proportion 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 practising in his firm;

KASHMIR HARBANS SINGH | 2023 196

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LPPER
BC RULINGS
1978

BC RULING 17.04 Website address

(1) The Website Address must be acceptable to the Bar Council.

(2) An Advocate and Solicitor shall report the Website Address of his/her website to
the Bar Council within 1 month after the publication of the website on the Internet
or 1 month from the date of coming into effect of this Rule, whichever is the later.

(3) The absence of any response from the Bar Council to

the reporting of any Website Address or any change to a
Website Address shall not be construed as an approval …
The compliance with all applicable laws remains the
primary obligation of the Advocate and Solicitor.

KASHMIR HARBANS SINGH | 2023 197

LPPER
BC RULINGS
1978

BC RULING 17.05 Permissible information or materials

A website may contain the following info or matters:

(a) Disclaimers

Disclaimers may be inserted in a website provided that

they appear on the home page (front page) of the website
or are highlighted to the attention of visitors to the website
by way of a prominent link appearing on the home page.
However, such disclaimers should not breach any Bar
Council rules or Rulings on disclaimers.

KASHMIR HARBANS SINGH | 2023 198

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LPPER
BC RULINGS
1978

BC RULING 17.05 Permissible information or materials

A website may contain the following info or matters:

(b) Links

Every website shall have a link on its front page that

connects to the official Malaysian Bar website at
www.malaysianbar.org.my or such other address as may be
notified from time to time by the Bar Council. Links that
connect a website to another website are generally
permissible provided that any website linked to a website
shall comply with the Publicity Rules, all applicable laws
and these Rules.
KASHMIR HARBANS SINGH | 2023 199

LPPER
BC RULINGS
1978

BC RULING 17.05 Permissible information or materials

A website may contain the following info or matters:

(d) Tracking
An Advocate and Solicitor may keep track of the number of
visitors to his/her website but such information shall not
be published or made available to the public.

(e) Comments or inquiries

An Advocate and Solicitor may create means through
his/her website for a visitor to contact him/her for the
purposes of comments or inquiries on anything published
on his/her website.
KASHMIR HARBANS SINGH | 2023 200

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LPPER
BC RULINGS
1978

BC RULING 17.05 Permissible information or materials

A website may contain the following info or matters:

(f) Website on another website

An Advocate and Solicitor may create or operate a website

on or within another website provided that the host
website does not violate the Publicity Rules, these Rules or
any other applicable laws.

KASHMIR HARBANS SINGH | 2023 201

LPPER
BC RULINGS
1978

BC RULING 17.05 Permissible information or materials

A website may contain the following info or matters:

(g) Establishment of solicitor-client relationship

A website may provide such Approved Information as may

be required to assist any person to make a decision
whether to retain the relevant Advocate and Solicitor in a
particular matter or a website may enable any person to
obtain further information from the Advocate and Solicitor
to assist that person in making such decision. An Advocate
and Solicitor shall avoid the establishment of a solicitor-
client relationship directly or merely through his/her
website.
KASHMIR HARBANS SINGH | 2023 202

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LPPER
BC RULINGS
1978

BC RULING 17.06 Other permissible information or materials

A website may contain the following info or matters:

A website may be used by an Advocate and Solicitor to

publish a journal, magazine or newsletter referred to in
Publicity Rule 13 or to publish any notice as in Publicity
Rule 14; subject to compliance by the Advocate and
Solicitor with the Publicity Rules (in particular Publicity
Rules 13 and 14), these Rules and all other applicable laws.

KASHMIR HARBANS SINGH | 2023 203

LPPER
BC RULINGS
1978

BC RULING 17.07 Information or material which is not permitted

Without limiting the other provisions of these Rules and

any other applicable laws, the following material or
information is not permitted on websites:

(a) material or information which is indecent, obscene,

false, offensive, defamatory or seditious under the laws of
Malaysia;

(b) publicity which is presented or published in a manner

which is contrary to the laws (relating to publicity for an
Advocate and Solicitor) of Malaysia;

KASHMIR HARBANS SINGH | 2023 204

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LPPER
BC RULINGS
1978

BC RULING 17.07 Information or material which is not permitted

Without limiting the other provisions of these Rules and any other
applicable laws, the following material or information is not permitted
on websites:

(c) publicity which is presented or published in a manner which, in the

opinion of the Bar Council, is likely to diminish the confidence of the
public in the Bar or adversely affect the image of the Bar in other
jurisdictions as regards the legal profession of Malaysia or to
otherwise bring the legal profession of Malaysia into disrepute;

(d) publicity which infringes Publicity Rule 5 in any way; or

(e) any advertisement or publicity which relates to parties other than

the Advocate and Solicitor or his/her firm.
KASHMIR HARBANS SINGH | 2023 205

LPPER
BC RULINGS
1978

BC RULING 17.07
No Touting

Nothing in these Rules shall be construed as permitting the

doing of or causing or allowing to be done of anything which,
in the opinion of the Bar Council, is for the purpose of touting
directly or indirectly, or which, in the opinion of the Bar
Council, is calculated to suggest that it is done for that purpose.

KASHMIR HARBANS SINGH | 2023 206

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LPPER
LPPR 2001
1978

RULE 22, LPPR 2001 Free Legal Advice

(1) An Advocate and Solicitor may give free legal advice to a person at a legal aid clinic, whether
set up by the Bar Council or otherwise, with a view to providing legal assistance to members of
the public, but the Advocate and Solicitor shall not—

(a) disclose the name of his firm;

(b) distribute any of his business cards or any brochure, leaflet,
pamphlet, journal, magazine or newsletter relating to his practice
or the practice of his firm; or
(c) act for a person to whom he has given such free legal advice.

KASHMIR HARBANS SINGH | 2023 207

LPPER
LPPR 2001
1978

RULE 22, LPPR 2001 Free Legal Advice

(2) An Advocate and Solicitor may give free legal advice

to the public or any section of the public by contributing
an article or letter for publication in any newspaper,
journal or other publication, but he shall not permit any
information pertaining to himself or his firm, except that
of his name and the fact that he is an Advocate and
Solicitor, to be stated in the article or letter, or to be
published in the newspaper, journal or other publication
in which the article or letter is published.
KASHMIR HARBANS SINGH | 2023 208

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LPPER
LPPR 2001
1978
RULE 23, LPPR 2001 Publicity outside Malaysia

(1) An Advocate and Solicitor may publicize his practise or the practice of his firm in
any country outside Malaysia but the publicity shall not—
(a) be conducted in a manner that is contrary to the laws of that country;
(b) be conducted in a manner that will be likely to diminish the confidence of the public in
that country as regards the legal profession of Malaysia, or to otherwise bring the legal
profession of Malaysia into disrepute;

KASHMIR HARBANS SINGH | 2023 209

LPPER
LPPR 2001
1978
RULE 23, LPPR 2001 Publicity outside Malaysia
(1) An Advocate and Solicitor may publicize his practise or the practice of his firm in any
country outside Malaysia but the publicity shall not—
(c) be published in any newspaper, journal or other publication in circulation in that country,
where such newspaper, journal or other publication is also widely circulated in Malaysia; or
(d) be published in any edition of any newspaper, journal or other publication originating
from that country, where such edition is published specifically for circulation to the public in
Malaysia.

KASHMIR HARBANS SINGH | 2023 210

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LPPER
LPPR 2001
1978
RULE 23, LPPR 2001 Publicity outside Malaysia

(3) An Advocate and Solicitor who has publicized his practice or the practice of his firm in a
country outside Malaysia shall cause a copy of the publicity to be kept at his principal place of
business for a period of at least 12 months from the date of its publication, and shall, upon
being requested to do so by the Bar Council, produce a copy of the publicity to the Bar Council
for inspection within the time as specified by the Bar Council.

KASHMIR HARBANS SINGH | 2023 211

ETHICS & ADVOCACY

Fees / Remuneration-related Rules

Clients’
Contentious Contingency
Non - Money &
Matters Stakeholding Fees
Contentious Accounts
Matters

KASHMIR HARBANS SINGH | 2023 212

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Remuneration
LPPER
of Advocate
1978 & Solicitor

“The central purpose of this Bill, therefore, Sir, is to foster and

sustain the high standard of the legal profession and to regulate
the conduct of its ever increasing members
...
On the whole, Sir, the Legal Profession Bill has been carefully and
comprehensively drafted to ensure a high ethical standard”

Deputy Minister of Law said when tabling the Bill on 18 Dec 1975

KASHMIR HARBANS SINGH | 2023 213

LPPER 1978:
LPPERRemuneration
1978

RULE 7 – REMUNERATION
An advocate and solicitor shall not accept any remuneration for that which he
does in his capacity as a Member of Parliament / of any State Legislature, other
than emoluments received by him.

No advocate and solicitor may accept the position of an executive director or

executive secretary of a company without the express consent of the Bar
Council

KASHMIR HARBANS SINGH | 2023 214

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LPPER 1978 - Fees

RULE 7 – REMUNERATION
No advocate and solicitor may accept the position of an executive director or executive
secretary of a company without the express consent of the Bar Council

TANJONG MARINA MANAGEMENT SDN BHD v PENANG PORT SDN BHD [2012]

High Court : If BH Lawrence were to appear personally for the Plaintiff when he himself is an Executive
Director of the Plaintiff and is directly involved in the whole dispute of the parties in this case, the
elements of the direct conflict of interest and the probable embarrassment, the inability to maintain the
professional conduct, professional independence on account of his personal & direct pecuniary interest
in the case as well as the probability that he may be the material witness for the case

KASHMIR HARBANS SINGH | 2023 215

LPPER 1978 - Fees

R.11 FEES : FEES FOR LITIGATIOUS OR CONTENTIOUS MATTERS
In determining the amount of fee for litigious or contentious matters involving
representation of a client in Court, it is proper to take into consideration-

(a) The time, labour, and skill required

(b) the novelty & difficulty of the question involved

(c) Whether acceptance of the particular employment will preclude his appearance
for others of which he has a reasonable expectation

(d) The customary charges of the profession for similar services

KASHMIR HARBANS SINGH | 2023 216

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LPPER 1978 - Fees

R.11 FEES : FEES FOR LITIGATIOUS OR CONTENTIOUS MATTERS
In determining the amount of fee for litigious or contentious matters involving
representation of a client in Court, it is proper to take into consideration-

(e) The amount in controversy

(f) The benefits resulting to the client for the services

(g) The character of the employment – whether casual or for an

established client

(g) The special position or seniority of the particular advocate and solicitor

KASHMIR HARBANS SINGH | 2023 217

R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Fee agreement No Fee Agreement

S116 LPA 1976 S121 LPA 1976 – Bill of Costs
S118 LPA 1976 S124 LPA 1976 – Deliver
SS.126 & 128 - Order for taxation

KASHMIR HARBANS SINGH | 2023 218

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R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Section 116(1) LPA 1976 – AGREEMENT FOR COSTING
… an advocate and solicitor may make an agreement in writing with his client
respecting the amount & manner of payment for the whole/any part of his
costs in respect of contentious business done /to be done … either at the
same rate or at a greater / lesser rate than the rate at which he would
otherwise be entitled to be remunerated.

Section 116(2) Every such agreement shall be signed by the client

KASHMIR HARBANS SINGH | 2023 219

R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Bar Council Ruling 9.01(2) Gross sum bill & detailed bill
A bill of costs to be delivered to any client under s.124 includes a gross sum bill
as well as a detailed bill drawn up pursuant to Order 59 Rules of Court 2012

O. 59 r17 (3) RULES OF COURT 2012

… all costs incurred with the express / implied approval of the client shall be conclusively
presumed to have been reasonably incurred and, where the amount thereof has been
expressly / impliedly approved by the client, to have been reasonable in amount.

KASHMIR HARBANS SINGH | 2023 220

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R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Section 124(1) LPA 1976 DELIVERY OF BILL OF COSTS

… no advocate and solicitor shall without the leave of the court commence / maintain any action for the
recovery of any costs due for any business done by him until the expiration of 1 month after he has
delivered to the party to be charged, or sent by post to, or left with him at, his office/place of business,
dwelling house or last known place of abode

The bill of cost shall be signed either by the advocate and solicitor / by any of the partners/ by another
advocate and solicitor employed by the first-named advocate and solicitor or the partnership, or be
enclosed in or accompanied by a letter, signed in the like manner, referring to the bill.
KASHMIR HARBANS SINGH | 2023 221

R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Section 118(3) LPA 1976 - ENFORCEMENT OF AGREEMENT

If the substantive terms of any agreement are deemed by the Court/the Judge to be UNFAIR or
UNREASONABLE, the agreement may be declared void , and the Court may … order the agreement for
cancellation, and may direct for costs, fees, charges and disbursements incurred/chargeable in respect
of the matters included to be taxed (assessed) , in the same manner and according to the same rules as if
the agreement has not been made
Provided that the Court or Judge may amend or ratify the agreement where not all substance of the
agreement is unfair or unreasonable

O59 R17(2) RULES OF COURT 2012

On the determination of a solicitor’s bill to his own client …all costs shall be allowed except in so far as
they are of an unreasonable amount or have been unreasonably incurred.

KASHMIR HARBANS SINGH | 2023 222

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R11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

S.P VELOO & CO (SUED AS A LAW FIRM) V. AFFIN BANK BERHAD [2017]

Court of Appeal
LPA 1976 allows a solicitor to present to a client a bill for contentious matter, if the client is
not happy with the bill, he has 2 options …

He can request the bill to be taxed If the bill was not taxed & if he finds the sum
(assessed) and that has to be done as exorbitant, unreasonable or excessive, etc.
within a year subject to conditions the client can challenge the bill when the
solicitors bring an action for recovery

KASHMIR HARBANS SINGH | 2023 223

R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Section 121(1) LPA 1976

Where the remuneration of an advocate and solicitor … is not the subject of an

agreement, the solicitor's bill of costs may at the option of the advocate & solicitor
either contain detailed items or be for a gross sum (summary)

It is imperative for a bill of costs to be so delivered to entitle an advocate &

solicitor to sue for the same: s. 124(1) LPA 1976

KASHMIR HARBANS SINGH | 2023 224

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R11, LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

BAR COUNCIL RULING 9.01(1) - BILL OF COSTS AND TAXATION

In the absence of any agreement in writing for fees in respect of a contentious
matter, it is for the client to INITIATE TAXATION PROCEEDINGS under s. 126

Section 126 LPA 1976: An order for taxation (assessment) of costs

An order for the taxation of a bill of costs delivered by any advocate & solicitor may be
obtained by a petition as a matter of course by the party chargeable therewith, or by any
person liable to pay the cost either to the party chargeable or to the advocate and solicitor, at
any time within 6 months from the delivery of the bill, or, by the advocate and solicitor after
the expiration of one calendar month, and within a year from, the delivery.

KASHMIR HARBANS SINGH | 2023 225

R11, LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Section 128 LPA 1976: Order for taxation

(1) After the expiration of 6 months from the delivery of a bill of costs, or after payment of
the bill of costs, no order shall be made for taxation of a solicitor's bill of costs, except upon
notice to the advocates and solicitors and under special circumstances to be proved to the
satisfaction of the Court.

(2) No such order for taxation shall in any event be made after the expiry of one year from
the delivery of the bill of costs.

KASHMIR HARBANS SINGH | 2023 226

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R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Lim Kien Seng & Anor v. Manoharan Kandasamy (2020)

Federal Court
[para 22] It is clear to us that the respondent had not fulfilled the requirement of delivering
a bill of costs and as such was not entitled to seek an order of taxation. On that basis alone,
the amended originating summons ought to have been dismissed. The pro forma invoices
were not bills of costs within the meaning of s. 126(1) of the LPA. No bills of costs were ever
delivered to the appellants. The respondent did not provide any reason for his failure to do
so. Given that more than six years had lapsed since the completion of work, the respondent
would no longer be entitled to take any of the foregoing steps.
KASHMIR HARBANS SINGH | 2023 227

R.11 LPPER 1978 - Fees

CONTENTIOUS BUSINESS / MATTERS

Lim Kien Seng & Anor v. Manoharan Kandasamy (2020)

Federal Court

[para 23] Even if the respondent can be taken to have delivered bills of costs within
the meaning of s. 126(1) of the LPA, he was not entitled to seek an order of taxation
after one year from the date of delivery of the bills. The purported bills were
delivered on 16 March 2012 and the 1 year period lapsed on 16 March 2013. The
originating summons was filed on 21 November 2016.

KASHMIR HARBANS SINGH | 2023 228

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SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

S.113 (3) LPA 1976

The Solicitors Costs Committee may make general orders prescribing & regulating in any
manner as they think fair & reasonable the remuneration of advocates and solicitors in respect
of non-contentious business and may revoke or alter any previous order so made.

SOLICITOR’S REMUNERATION ORDER 2005

S.114(1) LPA 1976

Whether or not any order is in force under s.113, an advocate and solicitor and his client may, either
before or after or in the course of the transaction of any non-contentious business, make an agreement
as to the remuneration of the advocate and solicitor in respect thereof:
Provided that such agreement shall not provide for costs at a scale lower than that provided by any
order made under S.113.

KASHMIR HARBANS SINGH | 2023 229

REMUNERATION

NON - CONTENTIOUS BUSINESS / MATTERS

the position of the party for whom the advocate & solicitor is
S. 113(4) LPA 1976 concerned in the business, whether as vendor or purchaser,
lessor or lessee, mortgagor or mortgagee, and the like

An order made under this section may, as the place where, the circumstances in which, the business or
regards the mode of remuneration, prescribe any part it is transacted
that it shall be according to a scale of rates or
commission or percentage, varying or not in the amount of the capital money / rent to which the business
different classes of business, or by a gross sum, relates
or by a fixed sum for each document prepared
or perused, without regard to length, or in any the skill, labour and responsibility involved on the part of the
other mode, or partly in one mode and partly advocate and solicitor
in another, and may regulate the amount or
remuneration with reference to all or any of the number & importance of the documents prepared or
the following, among other considerations: perused, without regard to length.

KASHMIR HARBANS SINGH | 2023 230

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SOLICITOR’S REMUNERATION ORDER 2005

SRO, O.2 : Types of

NON - CONTENTIOUS BUSINESS / MATTERS Non-Contentious
Business
SRO 2005 – First Schedule

KASHMIR HARBANS SINGH | 2023 231

SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

SRO 2005 : Order 6

.
- Discount -
(1) A solicitor may give a discount of up to 25% on fees specified in the First
and Third Schedules, except for any transaction governed by the Housing
Development (Control and Licensing) Act 1966 [Act 118] or any subsidiary
legislation made under that Act.

(2) No discount may be given on fees specified in the Second, Fourth, Fifth
and Sixth Schedules.
KASHMIR HARBANS SINGH | 2023 232

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SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

. SRO 2005 : Order 7

- No acting for more than one party -
(1) In any transaction referred to in the First, Second, Third and Fourth
Schedules, a solicitor shall not act for more than one party in a particular
transaction.

(2) Notwithstanding subparagraph (1), a solicitor may, where there is no

conflict of interest, prepare, file or witness the miscellaneous documents
specified in the Fifth Schedule for another party to the transaction.

KASHMIR HARBANS SINGH | 2023 233

SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

SRO 2005 , Order 3(1)

The remuneration specified in the Schedules shall not include any of the following:
.
(a) fees payable on the registration of documents requiring registration;
(b) stamp duties or fees;
(c) counsel's fees, auctioneer's or valuer's fees;
(d) travelling or accommodation expenses;
(e) fees paid on searches;
(f) costs of extracts from any register or record
(g) other disbursements reasonably and properly paid and incurred (which shall be itemized
in any bill of costs rendered by the solicitor to the client);
(h) the cost of any extra work;
(i) fees relating to any business of a contentious nature;
(j) fees relating to any proceeding in any court; and
(k) miscellaneous expenses not exceeding RM100.

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SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

. SRO 2005 – Order 4

- Special Exertion –

In respect of any non-contentious business which is required to be carried

through by special exertion in an exceptionally short space of time, a solicitor
may charge additional remuneration for the special exertion according to the
circumstances.

KASHMIR HARBANS SINGH | 2023 235

SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

SRO 2005 – Order 5

.
- Late Payment Interests –

A solicitor may charge interest at 8% per annum on his disbursements and fees,
whether fixed by scale or otherwise, from the expiration of one month from a
demand made on the client and in cases where the same are payable by an infant
or out of a fund not presently available, such demand may be made on the parent,
guardian, trustee or other person liable.

KASHMIR HARBANS SINGH | 2023 236

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[CLP] PROFESSIONAL PRACTICE
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SOLICITOR’S REMUNERATION ORDER 2005

NON - CONTENTIOUS BUSINESS / MATTERS

SRO 2005 – Sixth Schedule
[where] no provision is made by means of a scale or fixed fee shall be such sum as is fair
and reasonable having regard to all the circumstances of the case, and in particular the
following circumstances:

(a) the importance of the matter to the client;

(b) the skill, labour, specialised knowledge & responsibility involved on the part of the
solicitor;
(c) the complexity of the matter or the difficulty or novelty of the question raised
(d) where money or property is involved, the amount or value thereof;
(e) the time expended by the solicitor;
(f) the number and importance of the documents prepared or perused by the solicitor;
(g) the place and the circumstances under which the services or business or any part
thereof are rendered or transacted.
KASHMIR HARBANS SINGH | 2023 237

NON-CONTENTIOUS BUSINESS

BAR COUNCIL RULING 16.01. Fees & disbursements

(1) Vetting fees
A Solicitor acting for a developer in attending to vetting (check) documents (including witnessing the
same) relating to the assignment of rights, title and interests in any property under a sale and purchase
agreement, is entitled to charge a fee of RM200 in respect of any one document:

(a) in relation to consent of a developer for the assignment from an assignor to

an assignee; (sub-sale)

(b) in relation to reassignment from a financial institution to an assignor; and

(c) in relation to the assignment from the assignee to the financial institution.

KASHMIR HARBANS SINGH | 2023 238

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[CLP] PROFESSIONAL PRACTICE
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NON-CONTENTIOUS BUSINESS

BAR COUNCIL RULING 16.01. Fees & disbursements

(1) Vetting fees

In the event that the attendances involve more than one document the
Solicitor is entitled to charge RM400 for all the documents involved.

This Ruling shall apply to the vetting of documents for properties or

land other than that for housing accommodation (commercial)

KASHMIR HARBANS SINGH | 2023 239

CLIENTS’ MONEY & ACCOUNT

SOLICITORS' ACCOUNT RULES 1990

r.3: Duty to pay money into client account

i. Every solicitor who receives client's money must

without delay pay such money into a client's account.

ii. Any solicitor may keep more than one client account as
he thinks fit.

KASHMIR HARBANS SINGH | 2023 240

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[CLP] PROFESSIONAL PRACTICE
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CLIENTS’ MONEY & ACCOUNT

SOLICITORS' ACCOUNT RULES 1990

r.2: Client money

Money held or received by a solicitor on account of a person

for whom he is acting in relation to the holding or receipt of
such money either as a solicitor or in connection with his
practice as a solicitor, agent, bailee, stakeholder or in any
other capacity and includes solicitor trust money but does
not include money to which the only person entitled is the
solicitor himself or, in the case of a firm of solicitors, one or
more of the partners in the firm;
KASHMIR HARBANS SINGH | 2023 241

Clients’ Accounts

Solicitors' Account Rules 1990:

r.4: Money to be paid into client account

(i) trust money;

(ii) money belonging to the solicitor required to open or maintain

the account;

(iii)money to replace any sums mistakenly withdrawn from the

account;

(iv) a cheque or draft received by the solicitor which is to be split.

KASHMIR HARBANS SINGH | 2023 242

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CLIENTS’ MONEY & ACCOUNT

SOLICITORS' ACCOUNT RULES 1990

r.6: No other moneys to be paid into client account

No money other than money which under the foregoing

rules a solicitor is required or permitted to pay into a client
account shall be paid into a client account, and it shall be the
duty of a solicitor into whose client account any money has
been paid in contravention of these Rules to withdraw the
same without delay on discovery.

KASHMIR HARBANS SINGH | 2023 243

CLIENTS’ MONEY & ACCOUNT

Solicitors' Account Rules 1990

R. 7 Drawing money from client account

There may be drawn from client account-

(a) in the case of client's money-

(i) money properly required for a payment to or on behalf of the

client;
(ii) in the case of solicitor trust money, money properly required for a
payment in the execution of the particular trust;
(iii) money properly required for or towards payment of debt due to
the solicitor from the client or in reimbursement of money expended
by the solicitor on behalf of the client;
KASHMIR HARBANS SINGH | 2023 244

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[CLP] PROFESSIONAL PRACTICE
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CLIENTS’ MONEY & ACCOUNT

Solicitors' Account Rules 1990

R. 7 Drawing money from client account

There may be drawn from client account (a) in the case of client's money-

(iv) money drawn on the client's authority; and

(v) money properly required for or towards payment of the solicitor's costs
where a bill of costs or other written intimation of the amount of the costs
incurred has been delivered to the client and the client has been notified
that money held for him will be applied towards or in satisfaction of such
costs;
Provided that in any case the money so drawn shall not exceed the total of the money held
for the time being in such account on account of such client or trust
KASHMIR HARBANS SINGH | 2023 245

CLIENTS’ MONEY & ACCOUNT

Solicitors' Account Rules 1990

r.7A Signatories to client account

Signatories to a client account shall be one or more of the

following persons:

(a) an advocate and solicitor practising as a sole proprietor;

(b) a partner or partners of a firm of solicitors; or

(c) a legal assistant expressly authorized by a proprietor or a

partner or partners of a firm of solicitors.

KASHMIR HARBANS SINGH | 2023 246

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[CLP] PROFESSIONAL PRACTICE
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CLIENTS’ MONEY & ACCOUNT

YEOH POH SAN & ANOR v. MAJLIS PEGUAM [2015]

• The appellants were advocates and solicitors.

• The Bar Council had lodged a complaint to the Disciplinary Board against
the appellants for allowing a person by the name of Choo Lee Chin (the
manageress of the legal firm), who was not an advocate & solicitor and
therefore an ‘unauthorized person’ under s. 36(1) of LPA 1976

• The said cheque was drawn on a client account of the legal firm. The Bar
Council’s complaint was that by allowing Choo to sign the cheque, the
appellants had contravened s. 82(2) LPA 1976 and r. 11(6) Solicitors’
Account Rules 1990

KASHMIR HARBANS SINGH | 2023 247

CLIENTS’ MONEY & ACCOUNT

Section 82(2) LPA 1976

No advocate and solicitor shall authorise any unauthorised person
to operate any bank account in his name or in the name of his firm
and maintained by him or his firm in connection with his practice
as an advocate and solicitor.

Rule 11(6) SAR 1990

Unless authorised in writing by the Bar Council, no money may be
withdrawn from a bank account, being or forming part of a client
account, otherwise than under the signature of a solicitor.
KASHMIR HARBANS SINGH | 2023 248

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[CLP] PROFESSIONAL PRACTICE
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CLIENTS’ MONEY & ACCOUNT

YEOH POH SAN & ANOR v MAJLIS PEGUAM [2015]

Court of Appeal

[para 33] Having regard to the various provisions of the Act relating to the
statutory powers of the disciplinary board, the trite legal principle on
appellate intervention with the decision of the disciplinary board as set out
above, and the factual matrix in this case, we are not in a position to say that
the disciplinary board’s decision was plainly wrong or perverse. Neither are
we in a position to say that this is such an exceptional case or there are such
compelling grounds for the High Court to interfere with the disciplinary
board’s decision not to proceed with the complaint

KASHMIR HARBANS SINGH | 2023 249

CLIENTS’ MONEY & ACCOUNT

Solicitors' Account Rules 1990

r.11: Account books to be kept

(1) Every solicitor shall at all times keep properly written up in the National or
English Language such books and accounts as may be necessary-
(a) to show all his dealings with-
(i) client's money held, received or paid by him; and
(ii) any other money dealt with by him through a client account; and

(b) to distinguish such money held, received or paid by him on account of each
separate client and to distinguish such money from other money held, received
or paid by him on any other account.

KASHMIR HARBANS SINGH | 2023 250

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CLIENTS’ MONEY & ACCOUNT

Solicitors' Account Rules 1990:

r.11: Account books to be kept

(2) All dealings referred to in paragraph (a) of subrule (1) shall be recorded in-
(i) a client's cash book, or a client's column on the credit side or debit side (as may
be appropriate) of a cash book; and
(ii) a separate client's ledger, or a client's column on the credit side or debit side
(as may be appropriate) of a ledger for each client; and no other dealings shall be
recorded in such client's cash book and ledger, or as the case may be, in such
client's column.
(2A) All entries in a client's ledger must be dated and include references that
identify their sources or designation and enable them to be traced backward and
forward.
KASHMIR HARBANS SINGH | 2023 251

Accountant’s Report

Accountant’s Report Rules 1990:

The purpose is for proper management of money
• r.3: An accountant shall be qualified to give an accountant's report.
• r.4: An accountant's duty is to examine the transaction of client's bank
account and the clients' ledger account.
• r.5: An accountant's report shall be in the form set out in the Schedule or
in the form approved by the BC.
• r.6: The Bar Council can, on application by a solicitor, exempt the
accountant's report (e.g. new solicitor, solicitor ceased working for 12
s.32 LPA months).
1976 • r.7: The accounting period is 1 year starting from 1st Jan and
Issuance of terminating on 31st Dec of the same year.
Sijil Annual
s.88 LPA 1976 - If an Advocate & Solicitor is guilty of dishonesty/misuse of
clients' money he may be debarred or suspended from practice.
KASHMIR HARBANS SINGH | 2023 252

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[CLP] PROFESSIONAL PRACTICE
Ethics & Advocacy | Lecture Notes [part 2] 2022

CLIENTS’ MONEY & ACCOUNT

Solicitors' Account Rules 1990

Rule 14

The Bar Council may, on its own motion or a written complaint

lodged by a third party, require any solicitor to produce the books
of account, bank pass books, etc. for inspection.

KASHMIR HARBANS SINGH | 2023 253

CLIENTS’ MONEY & ACCOUNT

Duty to keep strict and accurate accounts of clients’ moneys

CHOONG YIK SON v. MAJLIS PEGUAM MALAYSIA [2008]
(paras 15, 16 & 17) It is permissible to draw money from the client’s account provided it
complies with the requirements set out in r. 7 of the Solicitors’ Account Rules.
Unfortunately, the withdrawals of the moneys from the client’s account by the appellant
was to defray the medical bills of both the appellant and his late wife and that ran counter
to r. 7 of the Solicitors’ Account Rules. What the appellant did was certainly illegal.

(paras 17 & 18) It made no difference that the appellant eventually repaid the sum …to the
client. Of crucial importance was the fact that the stakeholder’s money …was not in the
client’s account when the Taiping office of the firm received a request for the release of that
sum.

KASHMIR HARBANS SINGH | 2023 254

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STAKEHOLDING

Terms of Stakeholding to be strictly adhered to …

BC RULING 14.10(3) ; r. 26 Conveyancing Practice Rulings

A Solicitor acting as stakeholder for two or more parties must strictly adhere to the terms
of stakeholding at all times. No money or document held by a solicitor as stakeholder shall
be released, utilized, applied or otherwise dealt with by such solicitor except in accordance
with the terms of stakeholding or with the express consent of all relevant parties. For
example, a solicitor holding the final 5% of the purchase price under a Sale and Purchase
Agreement prescribed by the Housing Developers (Control & Licensing) Regulations 1989
must not (for whatever reason) release the same before the expiry of the stakeholding
period(s)

KASHMIR HARBANS SINGH | 2023 255

DEFECT LIABILITY
PP LAND
HOUSING
Schedule H Clause 5
DEVELOPER Third Schedule (Schedule H)

Schedule H, Clause 30(4)

Schedule G, Clause 27(4)

The Developer’s solicitors referred to in

this clause shall mean Messrs.
...................................... of ..................................... or
such firm of solicitors appointed by the
Developer from time to time in replacement
thereof, provided that—

KASHMIR HARBANS SINGH | 2023 256

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STAKEHOLDING

Terms of Stakeholding to be strictly adhered to …

BC RULING 14.10(2) Fee for acting as stakeholder

A Solicitor is entitled to charge a fair and reasonable fee for acting as a stakeholder.

KASHMIR HARBANS SINGH | 2023 257

STAKEHOLDING

BC RULING 14.10(1)
Solicitor to pay interest on monies held as stakeholder

Where an Advocate and Solicitor holds money as a stakeholder (whether or not such money
is paid by a client of the Advocate and Solicitor) the Advocate and Solicitor shall pay interest
in accordance with the Solicitors’ Accounts (Deposit Interest) Rules 1990, to the person to
whom the stake money is paid unless otherwise agreed.

KASHMIR HARBANS SINGH | 2023 258

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DEPOSIT INTEREST BEARING ACCOUNT

SOLICITORS' ACCOUNT (DEPOSIT INTEREST) RULES 1990, Rule 2

Placing client's money on deposit for purposes of earning interest

(1) When a solicitor holds or receives money for or on account of a client, the solicitor shall-

(a) deposit such money separately by way of fixed deposit in a bank repayable on demand in the name
of the solicitor or his firm and the name of the client or the matter concerned, and account to the
client for any interest earned thereon; or
(b) pay to the client out of his own money the sum equivalent to the interest which would have
accrued for the benefit of the client if the money had been deposited separately by way of fixed
deposit in a bank repayable on demand as aforesaid:
Provided that a solicitor shall not be required so to deposit or to account to a client for interest or to pay
interest to a client unless-
(i) the sum of money received by the solicitor exceeds RM5,000 at the time of receipt; and
(ii) the instructions to the solicitor at the time of receipt are such that he knows that the sum of money so
received will not, within four months thereafter, be either wholly disbursed or reduced to a sum below RM5,000
and the sum of money so received is not in fact within such period so disbursed or reduced.
KASHMIR HARBANS SINGH | 2023 259

DEPOSIT INTEREST BEARING ACCOUNT

SOLICITORS' ACCOUNT (DEPOSIT INTEREST) RULES 1990, r4

Nothing in these Rules shall-

(a) affect any arrangement in writing whenever made between a

solicitor and his client as to the application of the client money or
interest thereon; or

(b) apply to money received by a solicitor, being money subject to a

trust of which the solicitor is a trustee.

KASHMIR HARBANS SINGH | 2023 260

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DEPOSIT INTEREST BEARING ACCOUNT

SOLICITORS' ACCOUNT (DEPOSIT INTEREST) RULES 1990

Rule 2 (2)

Without prejudice to any other remedy which may be available to him, any client who feels
aggrieved that interest, or a sum equivalent thereto, has not been paid to him under these
Rules shall be entitled to require the solicitor to obtain a certificate from the Bar Council as
to whether or not interest ought to have been earned for him and if so, the amount of such
interest and on the issue of such a certificate the sum certified to be due shall be payable
by the solicitor to the client.

KASHMIR HARBANS SINGH | 2023 261

ANTI-MONEY LAUNDERING

“…Sources said the lawyer had

received bribe money from an
individual bank account to be
transferred to his law firm
between 2014 and 2015…
The bribe money, in the form of
cheque amounting to RM15
million, was from illegal
Source: https://www.nst.com.my/news/ activities and was transferred to
his legal firm…”
KASHMIR HARBANS SINGH | 2023 262

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[CLP] PROFESSIONAL PRACTICE
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ANTI-MONEY LAUNDERING

S. 4 Anti-Money Laundering, Anti-Terrorism Financing Act and Proceeds of

Unlawful Activities Act 2001 (“AMLA”)

Money Laundering?

“an act that engages, directly or indirectly, in a transaction that involves

proceeds of an unlawful activity or instrumentalities of an offence;
acquires, receives, possesses, disguises, transfers, converts, exchanges,
carries, disposes of or uses proceeds of an unlawful activity or
instrumentalities of an offence; removes from or brings into Malaysia,
proceeds of an unlawful activity or instrumentalities of an offence; or
conceals, disguises or impedes the establishment of the true nature,
origin, location, movement, disposition, title of, rights with respect to, or
ownership of, proceeds of an unlawful activity or instrumentalities of an
offence”
KASHMIR HARBANS SINGH | 2023 263

ANTI-MONEY LAUNDERING

Reporting Obligation

AMLA imposes certain obligations on institutions and

persons selected from sectors such as banking, financial
institutions, insurance, capital market, money services
businesses, electronic money and designated non-
financial businesses and professions (DNFBPs),
commonly known as “Reporting Institutions” to monitor
business activities of the reporting institutions, and
impose a statutory duty on the said institutions to report
any “suspicious transactions” to BNM with the aim of Source : https://amlcft.bnm.gov.my/

curbing such offences

KASHMIR HARBANS SINGH | 2023 264

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ANTI-MONEY LAUNDERING

DNFBP - LAWYERS ?
Applicable to advocates and solicitors as defined
in the Legal Profession Act 1976 and persons
admitted as advocates pursuant to the Advocate
Ordinance Sabah 1953 and Advocate Ordinance
Sarawak 1953, when they prepare or carry out
the following activities for their clients:
• buy and sell immovable property;
• manage client’s money, securities or other
property;
• manage accounts including savings and
securities accounts;
• organise contributions for the creation,
operation or management of the companies;
• create, operate or manage legal entities or
arrangements & buy & sell business entities.

Source : https://amlcft.bnm.gov.my/

KASHMIR HARBANS SINGH | 2023 265

LPPER 1978FEES
CONTINGENCY

S.112(1) LPA 1976: PURCHASE AND CONTINGENCY FEES:

Except as expressly provided in any written law, or by rules made
under this Act, no advocate and solicitor shall -

(a) purchase/agree to purchase either directly (b) enter into any agreement by which he is
or indirectly an interest/any part of the retained or employed to prosecute any suit
interest which is the subject matter of his client or action or other contentious proceeding
/that of the other party in the same suit, action which stipulates for/contemplates payment
or other contentious proceeding brought/to be only in the event of success in such suit,
brought or maintained; or action or proceeding.
KASHMIR HARBANS SINGH | 2023 266

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LPPER 1978FEES
CONTINGENCY

s.112(1)(b) LPA 1976: Contingency Fees

INDUSTRIAL CONCRETE PRODUCTS BERHAD v. HUANG KHAIRUN

KUMAR & ASSO. [2014]

The appellant appointed the respondent vide a 'letter of appointment’ to secure a refund
of sales tax allegedly erroneously paid by the appellant to the Customs Department.
The terms of the appointment inter alia included
(i) that the appellant would pay the respondent a fee of RM1,087,474.20 "upon receiving
refund of the said sum erroneously paid"; and
(ii) that there shall be no fee payable if the refund was not successful.

KASHMIR HARBANS SINGH | 2023 267

LPPER 1978FEES
CONTINGENCY

s.112(1)(b) LPA 1976: Contingency Fees

INDUSTRIAL CONCRETE PRODUCTS BERHAD v. HUANG

KHAIRUN KUMAR & ASSO. [2014]
Court of Appeal [para 13] According to the terms of the letter of appointment, the respondent
was entitled to the stipulated commission only in the event of the appellant being able to recover
the erroneously paid sales tax. According to s. 112(1)(b) LPA 1976, a solicitor cannot enter into an
arrangement with a client whereby his entitlement to fees was conditional on him being
successful. Since the respondent was a firm of solicitors and the services undertaken by them
pursuant to the letter of appointment was contentious in nature, it followed that this letter of
appointment was illegal. A court of law can consider and rule on the legality of a contract at any
stage of the proceedings and of its own volition
KASHMIR HARBANS SINGH | 2023 268

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LPPER 1978FEES
CONTINGENCY

s.112(1)(b) LPA 1976: Contingency Fees

MESSRS ALBERT DING, LEE & PARTNERS v. CHO CHOOI MEI

[2020]
The plaintiff charged the defendant a total of RM25,000 being legal fees for works done up to the
filing of the order. The defendant then entered into an agreement with the managing partner of the
plaintiff for legal fees ('second agreement').

The second agreement provided that (i) the plaintiff was to charge by way of deducting 6% from the
monthly instalments of RM15,000 payable by the defendant's former husband, for a period of 60
months, commencing May 2018; and (ii) the plaintiff agreed to ensure that her former husband
would adhere to the terms of the order and to act for the defendant in case of any default/refusal in
payment by her former husband. The defendant paid (i) RM15,000 to the plaintiff as part of the legal
fees and disbursements in respect of the first agreement; and (ii) RM1,800 pursuant to monthly fees
in respect of the second agreement.

KASHMIR HARBANS SINGH | 2023 269

LPPER 1978
Contingency Fees

s.112(1)(b) LPA 1976: Contingency Fees

MESSRS ALBERT DING, LEE & PARTNERS v. CHO CHOOI MEI [2020]

High Court [para. 54] In my view, the second agreement was in actual fact a contingency fee
arrangement. At this juncture, parallels are drawn to the CA of Titian Desa Sdn Bhd & Anor v.
Akberdin Haji Abdul Kader [2016], where it was stated that a sum of MYR5.48 million (being a sum
equivalent to 8% of the supposed settlement sum of that the plaintiff was claiming from the defendant
was in fact a contingency fee arrangement which was prohibited by s. 112

There is no dearth of literature which provides for the justification against such arrangement of
payment. By virtue of s. 112 of the LPA, the second agreement is not only against public policy, it is
also against the professional ethics of the lawyer. Bearing in mind that the relationship between a
lawyer and the client is a highly fiduciary one, it is my view that the plaintiff had misused its position
of trust in indulging in a contingency fees contract.
KASHMIR HARBANS SINGH | 2023 270

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