Lawyerment - Case and Codes - Legal Profession Act 1976

Power to make rules regulating practice, etc.
Power to make particular rules
1. Power to make rules on professional indemnity
Advocate and solicitor to deliver accountant's report
Compensation Fund
Advocate and Solicitor shall not act as commissioner or notary without certificate
Advocate willfully and knowingly acting as agent
Advocate and solicitor not to employ undischarged bankrupt
Advocate and solicitor acting for developer not to act for purchaser in housing development
Bar Council to maintain register of firm names
Where solicitor and client relationship exists
Where money is due from advocate and solicitor to the client
Guilty advocate and solicitor, etc.
1. Suspension of advocate and solicitor
Taking of possession of documents in the possession of advocate and solicitor
Taking of possession of property in Counsel's possession when he is undischarged bankrupt, etc.
Personal representative liable for acts of advocate and solicitor
Bar Council to operate bank account of deceased solicitors' client

DISCIPLINARY PROCEEDINGS

Disciplinary Board
Power of Disciplinary Board to strike off the Roll, Suspend for misconduct, etc.
Disciplinary Committee Panel and investigating Tribunal Panel
Appointment of Disciplinary Committee Panel
Appointment of investigating Tribunal Panel
Director of the Complaints Secretariat
Complaint against advocate and solicitor or pupil
Investigating Tribunal
Investigation
Disciplinary Board's consideration of report by investigating Tribunal
Disciplinary Board's power to order penalty
1. Application to appoint a Disciplinary Committee
2. Disciplinary Committee
3. Findings of Disciplinary Committee
4. Consideration by the Disciplinary Board of the report of the Disciplinary Committee
5. Appeal from the decision of the Disciplinary Board
6. Power to make rules
7. Saving and transitional provision
8. Establishment of Discipline Fund
9. Payment of fees, fine, costs, etc., into Discipline Fund
10. Power to make rules
(Repealed by Act A 567)
Advocate and solicitor may apply to remove his name from the Roll
Bar Council to give Registrar notice of order adverse to advocate and solicitor
High Court may restore an advocate and solicitor
Costs for proceedings under this [Ins. Act A861]
If person inquired fails to attend
Publication and document presumed evidence of facts therein stated
No action against Disciplinary Committee, etc., for act done.

REMUNERATION OF ADVOCATES AND SOLICITORS

No advocate and solicitor to purchase interest of client
The solicitors costs Committee
Advocate and solicitor may make agreement for remuneration from client
Advocate and solicitor entitled to costs of negotiation mortgagor
Advocate and solicitor may enter agreement for costing contentious business
Costs recoverable from client by other person not attested
Enforcement of agreements
Any party may set aside agreement of deceased advocate and solicitor not performed
Where client changes counsel before agreement performed
Where remuneration of advocate and solicitor not subject of agreement

RECOVERY AND TAXATION OF COSTS

Advocate and solicitor defined
Advocate and solicitor entitled to charge on property for costs
No advocate and solicitor to sue for costs until delivery of bill of costs
Power of Court to authorize solicitor to commence action
An order for taxation of costs to be made within 6 months of delivery of bill of costs
The cost of obtaining an order for taxation
Order for taxation of advocate and solicitor's bill on notice given
Petition by party liable for a bill of costs
Order for delivery of solicitor's bill of costs by way of petition
Court may order advocate and solicitor to deliver copy of bill to applicant
Bill of costs to follow Rules of court
Registrar may allow interest on money disbursed by counsel
Costs of order of taxation payable by solicitor
Certificate of taxing officer final
Right of Government to costs unaffected

MISCELLANEOUS

Board and Bar to maintain an office
Document to be served may be sent by post
Bar Council or Malaysian Bar to recover sum of money
Fees to be prescribed by Rules Committee
Bank not bound to take notice of right against the account of advocate and solicitor
No estate duty payable for bequest to the Bar

TRANSITIONAL PROVISIONS

Definition
Nomination of members of Board
Registrar to transfer to the Roll the names of advocates and solicitors
Definition
Certificate issued under Section 26 deemed practising certificate
Bar Council and Committee holding office at the date of coming into force of this Act.
Assets and property of Bar Council and Local Bar
Saving
Provision of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until general orders made under the Act

REPEAL

SCHEDULE (SECTION 88)

CONTROL OF PROPERTY OF AN ADVOCATE AND SOLICITOR IN CERTAIN CASES