LEGAL PROFESSION ACT 1976

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 166 LEGAL PROFESSION ACT 1976 As at 1 August 2018 2 LEGAL PROFESSION ACT 1976 Date of Royal Assent … … … … … 6 March 1976 Date of publication in the Gazette … … … 11 March 1976 Latest amendment made by Act A1509 which came into operation on … … … … … 10 June 2016 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 166 LEGAL PROFESSION ACT 1976 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Interpretation PART II LEGAL PROFESSION QUALIFYING BOARD 4. Legal Profession Qualifying Board 5. Functions of Board 6. General power of Board and power to make rules 7. Membership of Board 8. Election of acting Chairman 9. Meetings of Board and quorum Qualified Persons 10. Admission of advocates and solicitors 11. Qualifications for admission 12. Period of pupillage of qualified person 13. Exemption from period and qualification for pupillage 14. Filing of admission petition and enquiries, etc. 4 Laws of Malaysia ACT 166 Section 15. Petition for admission with affidavit 16. Filing of petition and objection 17. Entering of caveat against admission 18. Admission in special cases 19. Right of appeal by objectors Articled Clerks 20. Qualification for articled clerks 21. Conditions to be a principal and discharge of clerk 22. Discharge of clerk for unfitness 23. Discharge of clerk generally 24. Period of articles and condition of articles 25. Condition of admission of articled clerk Reviews 26. Appeal from the decision of Board to Judge Hearing of Petitions and the Roll 27. Hearing by Judge, a member of Board 28. Roll of advocates and solicitors PART IIA SPECIAL PROVISIONS RELATING TO ADMISSION OF ADVOCATES AND SOLICITORS 28A. Attorney General’s power to issue Special Admission Certificates 28B. Admission and enrolment as an advocate and solicitor of a person issued with a Special Admission Certificate 28C. Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part 28D. Power of Attorney General to make orders Legal Profession Section 28E. Provisions of this Part to prevail PART III PRACTISING CERTIFICATES 29. Advocate and solicitor to make declaration yearly 30. Disqualification for practising certificate 31. Register of Practitioners 32. Issue of Sijil Annual 33. Issue of Sijil Annual in certain conditions 34. Applicant to apply to Court PART IV PRIVILEGES OF ADVOCATES AND SOLICITORS 35. Right of advocate and solicitor 36. Advocate and solicitor to have name on the Roll before practice 37. No unauthorized person to act as advocate and solicitor 37A. Sections 36 and 37 not to apply to arbitral proceedings 38. Certain persons can act as advocate and solicitor 39. Instrument and document to be endorsed 40. No cost payable to unauthorized person PART IVA INTERNATIONAL PARTNERSHIPS, QUALIFIED FOREIGN LAW FIRMS AND REGISTRATION OF FOREIGN LAWYERS 40A. Interpretation 40B. Licence required for foreign law firm 40C. Selection Committee 40D. Alternate members 40E. Meetings of the Selection Committee 40F. International partnership 40G. Qualified foreign law firm 5 6 Laws of Malaysia ACT 166 Section 40H. Employment of a foreign lawyer by a Malaysian law firm 40I. Suspension or revocation of licence 40J. Registration of a foreign lawyer to practise in an international partnership, a qualified foreign law firm or a Malaysian law firm 40K. Suspension or revocation of registration 40L. Professional conduct, ethics and accounts 40M. Disciplinary authority 40N. Power to require documents, etc. 40O. Power to make rules PART V MALAYSIAN BAR 41. Establishment of Malaysian Bar 42. Object and powers of the Bar Members of the Malaysian Bar and Subscriptions 43. Advocates and solicitors members of the Bar 44. Eligibility of a member 45. Disqualification of a member 46. Annual subscription Disqualification for Membership of Bar Council, Bar Committee, etc. 46A. Disqualification for membership of the Bar Council, a Bar Committee, or of any committee thereof The Bar Council 47. Establishment of Bar Council 48. Period of holding office Legal Profession Election of Members of the Bar Council Section 49. Election of Bar Council Members 50. Annual election of Bar Council 51. When election deemed to be election 52. Bar Council when constituted 53. Casual vacancy to be filled by qualified person Officers 54. President, Vice-President and Secretary of the Bar 55. When a member of the Council to vacate office Powers of the Council 56. Powers and acts of Bar Council 57. Specific powers of the Bar Council 58. Appointment of Committees 59. Rights to inspect file and copies of proceedings in bankruptcy 60. Power of Bar Council to accept gifts 61. Representation in court Proceedings of the Bar Council 62. Meeting of the Council 63. Expenses of members General Meeting of the Malaysian Bar 64. Annual general meetings 65. Extraordinary General Meetings 66. Voting 67. (Deleted) 7 8 Laws of Malaysia ACT 166 State Bar Committee Section 68. Combined Bar-State Bar Committee 69. Combination of members as State Bar 70. Annual general meeting of State Bar 70A. Extraordinary General Meeting of State Bar 71. Severance of combined Bar 72. Meeting of the State Bar Committee 73. Powers of the State Bar Committee 74. Fees not allowed to State Bar Committee 75. Casual vacancy General 76. Names of members of the Bar Council, etc., to be published and confidentiality of deliberations PART VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS 77. Power to make rules regulating practice, etc. 78. Power to make particular rules 78A. Power to make rules on professional indemnity 79. Advocate and solicitor to deliver accountant’s report Compensation Fund 80. Compensation Fund 81. Advocate and solicitor shall not act as commissioner or notary without certificate 82. Advocate wilfully and knowingly acting as agent 83. Advocate and solicitor not to employ undischarged bankrupt Legal Profession 9 Section 84. Advocate and solicitor acting for developer not to act for purchaser in housing development 85. Registrar to maintain register of firm names 86. Where solicitor and client relationship exists 87. Where money is due from advocate and solicitor to the client Control of Property 88. Guilty advocate and solicitor, etc. 88A. Suspension of advocate and solicitor 89. Taking of possession of documents in the possession of advocate and solicitor 90. Taking of possession of property in Counsel’s possession when he is undischarged bankrupt, etc. 91. Personal representative liable for acts of advocate and solicitor 92. Bar Council to operate bank account of deceased solicitor’s client PART VII DISCIPLINARY PROCEEDINGS 92A . Interpretation of “advocate and solicitor” in certain provisions 93. Disciplinary Board 94. Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc. 95. Disciplinary Committee Panel 96. Appointment of Disciplinary Committee Panel 97. (Deleted) 98. Director and staff of the Complaints Secretariat 99. Complaint against advocate and solicitor or pupil 100. Inquiry into application or complaint 101. (Deleted) 102. (Deleted) 103. Effect of Disciplinary Board’s order of fine or restitution 10 Laws of Malaysia ACT 166 Section 103A. Appointment of Disciplinary Committee 103B. Inquiry by the Disciplinary Committee 103C. Findings and recommendations of the Disciplinary Committee 103D. Consideration by the Disciplinary Board of the report of the Disciplinary Committee 103E. Appeal from the final order or decision of the Disciplinary Board 103EA. Objection from any decision, etc., other than final order or decision made by the Disciplinary Board 103EB. Costs against frivolous or vexatious application or complaint 103F. Power to make rules 103G. (Deleted) 103H. Establishment of Discipline Fund 103I. Payment of fees, fine, costs, etc., into Discipline Fund 103J. Power to make rules 104. (Deleted) 105. Advocate and solicitor may apply to remove his name from the Roll 106. Bar Council to give Registrar notice of order adverse to advocate and solicitor 107. High Court may restore an advocate and solicitor 108. Costs for proceedings under this Part 109. If person inquired fails to attend 110. Publication and document presumed evidence of facts therein stated 111. No action against Disciplinary Committee, etc., for act done PART VIII REMUNERATION OF ADVOCATES AND SOLICITORS 112. No advocate and solicitor to purchase interest of client 113. The Solicitors Costs Committee 114. Advocate and solicitor may make agreement for remuneration from client 115. Advocate and solicitor entitled to costs of negotiation of mortgagor Legal Profession 11 Contentious Business Section 116. Advocate and solicitor may enter agreement for costing contentious business 117. Costs recoverable from client by other person not attested 118. Enforcement of agreements 119. Any party may set aside agreement of deceased advocate and solicitor not performed 120. Where client changes counsel before agreement performed 121. Where remuneration of advocate and solicitor not subject of agreement PART IX RECOVERY AND TAXATION OF COSTS 122. Advocate and solicitor defined 123. Advocate and solicitor entitled to charge on property for costs 124. No advocate and solicitor to sue for costs until delivery of bill of cost 125. Power of court to authorize solicitor to commence action 126. An order for taxation of costs to be made within 6 months of delivery of bill of costs 127. The cost of obtaining an order for taxation 128. Order for taxation of advocate and solicitor’s bill on notice given 129. Petition by party liable for a bill of costs 130. Order for delivery of solicitor’s bill of costs by way of petition 131. Court may order advocate and solicitor to deliver copy of bill to applicant 132. Bill of costs to follow Rules of Court 133. Registrar may allow interest on money disbursed by counsel 134. Costs of order of taxation payable by solicitor 135. Certificate of taxing officer final 136. Right of Government to costs unaffected PART X MISCELLANEOUS 137. Board and Bar to maintain an office 12 Laws of Malaysia ACT 166 Section 138. Document to be served may be sent by post 139. Bar Council or Malaysian Bar to recover sum of money 140. Fees to be prescribed by Rules Committee 141. Bank not bound to take notice of right against the account of advocate and solicitor 142. No estate duty payable for request to the Bar PART XI TRANSITIONAL PROVISIONS 143. Definition 144. Nomination of members of Board 145. Registrar to transfer to the Roll the names of advocates and solicitors 146. Definition 147. Certificate issued under section 26 deemed practising certificate 148. Bar Council and Committee holding office at date of coming into force of this Act 149. Assets and property of Bar Council and Local Bar 150. Saving 151. Provisions of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until General Orders made under the Act PART XII REPEAL 152. Repeal SCHEDULE 13 LAWS OF MALAYSIA Act 166 LEGAL PROFESSION ACT 1976 An Act to consolidate the law relating to the legal profession in Malaysia. [Peninsular Malaysia—1 June 1977, P.U. (B) 327/1977] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited a