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• Practice and Etiquette Rules
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MAIN AND BRANCH OFFICES

(1) Name of firm

(a) An advocate and solicitor may not use a firm name on his letterhead and rubber stamp that is a variant spelling from that appearing in his identification and other personal documents.

(b) Subject to any provision to the contrary in the partnership agreement, the former partners of a dissolved partnership cannot continue to practice under the name of the former firm unless that name is the name of one of the partner(s) continuing to practice provided that this provision shall have no effect in the case of death of a partner.

(c) On the demise or retirement of an advocate and solicitor who is a sole practitioner, the firm including the firm name may be sold or otherwise transferred from the estate of the deceased solicitor or as the case may be, the retiring solicitor, provided that in the case of the retiring advocate and solicitor, he shall not be allowed to practice again under the former firm name or any name which in the opinion of the Bar Council could cause confusion.

(d) The name of a firm can include the surname of the advocate(s) and solicitor(s) concerned.

(2) Requirements

The following requirements must be complied with in respect of every office maintained by an advocate and solicitor or a firm of advocates and solicitors:

(a) Partners
Every partner of a firm shall be a partner of all the offices of the firm concerned.

(b) Accountant's Report
An accountant's report for every office maintained by the firm of an advocate and solicitor shall be submitted with the application for a Sijil Annual by that advocate and solicitor.

(c) Person in charge of advocate and solicitor's office
No office of an advocate and solicitor shall be manned solely or left under the supervision of a person not holding a valid practicing certificate within the meaning of the Legal Profession Act 1976 ('the Act').

(d) Unauthorized persons not to perform duties of advocate and solicitor
No advocate and solicitor shall permit an office administrator or chief clerk or any other person not holding a valid practicing certificate within the meaning of the Act to carry out the duties and functions of an advocate and solicitor in his firm.

(e) Branch offices
No advocate and solicitor shall open a branch office without first having provided the Bar Council with full particulars in writing of compliance with Rule 59 of the Legal Profession (Practice and Etiquette) Rules 1978 and obtained the prior written approval of the Bar Council.

(f) Operating hours
Every office of an advocate and solicitor shall be normally open at least five days a week during normal office hours.

(3) Shared offices

Where offices or premises are shared by an advocate and solicitor and another person whether an advocate and solicitor or not, the offices or premises shall be partitioned off with separate and distinct entrances and there shall be no connecting door between the two offices or premises provided that the foregoing provision shall have no application in the case of advocates and solicitors who are partners of a law firm.

(4) Amalgamation with another legal firm

Amalgamation with a legal firm or firms in East Malaysia is not allowed.

(5) Practice carried out in advocate and solicitor's house

An advocate and solicitor may operate his practice from his house.

ADVERTISING

(1) Overriding Principles

(a) It is the duty of every advocate and solicitor to uphold the dignity and high standing of the profession and his own dignity as a member of it.

(b) It is contrary to professional etiquette for an advocate and solicitor to do or cause or allow to be done, anything for the purpose of touting directly or indirectly, or which is likely to lead to the reasonable inference that it is done for that purpose.

(c) Whilst an advocate and solicitor is entitled to such professional advertisement as is the necessary consequence of the proper exercise of his profession or of any act otherwise properly done by him, it is contrary to professional etiquette for an advocate and solicitor (or his firm) to do, or cause or permit to be done, anything with the primary motive of professional advertisement, or anything likely to lead to the reasonable inference that it is so motivated.

(2) Use of description 'Advocate and Solicitor'

(a) Public lectures
see s.16 Legal Profession Publicity Rules 1997

(b) Television and radio appearances
see s.15 Legal Profession Publicity Rules 1997

(c) Press and media
see s.15 Legal Profession Publicity Rules 1997

(d) Non-practitioners
Non-practicing advocates and solicitors are allowed to use the description 'Advocate and Solicitor'.

(3) Publication of Notices

(a) Press notices in national and/or local newspaper
Any notices placed in a national or local newspaper must, in the case of subparagraphs (b) below, comply with the following conditions and in other cases shall be no larger or no more prominent than circumstances require:

1. size:not larger than 15cm x 10cm and
2. duration: not exceeding 4 days.

(b)Circumstances where press publication is permitted

1. Change in composition of firm, e.g. upon retirement of a partner or dissolution of a partnership, including details on names of partners remaining at the same address and names of the outgoing partners and their new addresses and legal assistants leaving a firm
   
   
2. Where there is no sales agent acting, in which case an advocate and solicitor may, on the instructions of his client, advertise specified properties for sales over his name and description as an advocate and solicitor and
   
   
3. In a legal notice which is placed on a client's behalf, in which case the notice can contain name and address of solicitor.

Note: An advocate and solicitor opening a new office may have a reception for that purpose at his office, and may invite friends, relations and clients, provided that nothing must be done which will be in breach of the general rule against advertising or attracting excessive publicity for himself or his firm.

However, there shall be no advertising of such opening or press reports of the same, and the advocate and solicitor concerned should take steps to prevent the publication of congratulatory messages in the media.
(See also s.14 Legal Profession Publicity Rules 1997)

(c) Circumstances where press publication is not permitted

An advocate and solicitor may not publish a notice under Para E(3)(b) in any of the following circumstances:

1. Where a solicitor represents a vendor, the name of the solicitor or his firm shall not appear together with the name of the sales agents, builders or developers in any advertisement relating to a housing estate.
2. Where a congratulatory message to a person or company is published, the name of a firm should not be published even though the description 'advocates and solicitors' is not mentioned.

(d) Public notices
An advocate and solicitor's name may appear as an attesting witness to bona fide public notices, but it is the responsibility of the advocate and solicitor concerned to ensure that the publication conforms to substance and form consistent with formal legal notices, and not such as to constitute an advertisement for himself or his firm.

(e) Press statements on outcome of litigation
Where there has been no press or other media comment as yet, an advocate and solicitor may, upon instructions from his client, draft the result of any litigation involving that client for publication, provided the name of the advocate and solicitor and/or his firm is excluded.

(4) Solicitation of work

(a) Application for appointment to panel of solicitors
No advocate and solicitor or firm may make a formal application to a housing developer, bank or other institution for emplacement on their panel of solicitors unless so requested by the institution concerned.

(b) Tender exercise for legal work
No advocate and solicitor shall participate in any form of tender exercise conducted by banks and other organizations in which advocates and solicitors are asked to quote their fees in handling contentious matters where the advocate and solicitor is then not aware of the facts relating to the matters to be handled.

(5) Listings in Directories

(a) The listing of a firm's name and those of its partners is permitted if the directory has been approved by the Bar Council and subject to the following conditions:

1. Heavy black print and bold listings are not permitted.
   
2. The listing of an advocate and solicitor in a phone-in service is prohibited.

(b) The names of law firms or advocates and solicitors may only be published in directories approved by the Bar Council subject to any conditions imposed. The following directories have been approved:

1. 'American Bank Attorneys' provided no information is given relating to clients or potential clients, any 'association' with international law firms or personal particulars of members of the firm
2. IP Asia Directory
3. Law Society's Directory of Solicitors and Barristers
4. Martindale Hubbel Law Directory
5. 'Yellow Pages' provided the names of partners and legal assistants, areas of practice and contact particulars are of standard size, and no logos, boxes or decorative borders are used.
6. Trade Index of Malaysia
7. Telex and Telefax Directory (no bold listings allowed)
8. Pacific Rim Advisory Council Directory
9. Butterworth International law Directory
10. Malaysian Inventors and Designers Society's newsletter (names of members only without the description 'Advocates and Solicitors')
11. Editorial boards of European publications and
12. Asia Pacific Legal 500.

Note: Para legals are not allowed to be listed in approved law directories as they are not 'qualified persons' under the Act.
(See also s.8 Legal Profession Publicity Rules 1997)

(6) Souvenirs

(a) Calendars
The name of an advocate and solicitor and his firm shall not be printed on any calendar or greeting card which contains a calendar.

(b) Greeting cards
See s.17 Legal Profession Publicity Rules 1997

(7) Use of Other Descriptions

(a) Patent agent cum advocate and solicitor

1. A patent agent who is also an advocate and solicitor may advertise in his capacity as a patent agent in any publication provided he does not use the words 'advocate and solicitor'
2. A patent agent who is also an advocate and solicitor may describe himself in both capacities in his name card.

(8) Booklets, Brochures and Newsletters

(a) Publication by law firm

1. An advocate and solicitor shall not send a general bulletin on changes in the law to clients. However, an advocate and solicitor may draw attention to a particular client or class of particular clients to recent decisions or amendments which may affect them.
   (See also ss.12 & 13 Legal Profession Publicity Rules 1997)

(b) Publication by client

1. The corporate brochure of the client of an advocate and solicitor or a firm of advocates and solicitors may include the firm's name together with those of other professionals, e.g. bankers, auditors, tax consultants, valuers.
2. An advocate and solicitor may be described as the vendor's solicitor by name and address in a housing developer's brochure relating to a housing estate, provided undue prominence is not given to the same.

(9) Developer's Signboard

The name of an advocate and solicitor or his firm shall not be permitted on a developer's signboard, whether placed at the development site or elsewhere.

(10) Company or Corporation

The name of an advocate and solicitor may be printed on the letterhead and stationery of a company or corporation, provided that if he is in practice, he may not be described thereon as an advocate and solicitor.

(11) Home Page or Web Site for Law Firm

It is objectionable for law firms to have a Home Page on the Internet or to maintain a Web Site as this would be a breach of the Publicity Rules.