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PROFESSIONAL PRACTICE

(1) Dishonored Cheque Issued From Clients' Account

An advocate and solicitor who encounters a dishonored clients' account cheque issued by another advocate and solicitor is required to report the same to the Bar Council , and the Bar Council may require the advocate and solicitor who issued the dishonored cheque to give the Bar Council a mandate authorizing it to obtain from the bank concerned, all relevant information in respect of the said cheque and the account on which it was drawn.

(2) Effect Of Suspension Of Advocate And Solicitor Under The Act

(a) During the period of suspension another advocate and solicitor cannot practice under the name of the suspended advocate and solicitor.

(b) An advocate and solicitor suspended either under s 88A or Part VII of the Act shall not:

1. act or be employed with or without remuneration as an advocate and solicitor by any firm
2. be employed in any position or capacity whatsoever in a firm of advocates and solicitors
3. attend without the permission in writing of the Bar Council at the office of his former or any firm of advocates and solicitors and
4. be entitled to share profits or fees earned or accrued during the period of suspension.

(3) Legal Profession (Practice and Etiquette) Rules 1978

(a) Rule 44

An advocate and solicitor who is a part-time insurance agent is in breach of Rule 44 of the Legal Profession (Practice and Etiquette) Rules 1978.

(b) Rule 56

1. The requirement that seven days' notice must be given in respect of any judgment in default sought to be obtained applies equally to Subordinate Court actions; a breach thereof may subject an advocate and solicitor to disciplinary proceedings.
2. However, a second seven-day notice 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 seven-day notice.

(4) Solicitor's Lien

(a) An advocate and solicitor cannot retain a client's documents or files in exercise of his lien for fees if the client's subsequent advocate and solicitor undertakes to settle the former solicitor's fees or taxed costs.

(b) Solicitor's lien for costs applies in Syariah Court matters undertaken by an Advocate and Solicitor.

(5) Change Of Solicitors

(a) An advocate and solicitor on record is deemed as between himself and the opposing party to represent his client unless the client not only discharges the advocate and solicitor but substitutes either the client himself or another advocate and solicitor on record. As long as an advocate and solicitor remains on record service on him is valid service. An advocate and solicitor may only be discharged from liability to receive service by the substitution of another advocate and solicitor on record or by the party in person.

(b) The new solicitors should obtain the consent of the solicitors on record before filing a Notice of Change of Solicitors.

(6) Accepting Documents On A Without Prejudice Basis

An advocate and solicitor shall not accept service of documents on a 'without prejudice' basis, except for good reasons which must be disclosed in writing at the time of such service.

(7) Correspondence

(a) Subject to Para H7(c), correspondence on a firm's letterhead shall only be signed by an advocate and solicitor with a valid practicing certificate.

(b) The signature on the correspondence may be either the name of the firm or the personal name of an advocate and solicitor in the firm.

(c) Letters, correspondence and other communication which are purely administrative and does not contain any advice on law, may be signed by a duly authorized person other than an advocate and solicitor. The duly authorized person may also sign receipts on behalf of the advocate and solicitor.

(8) Carrying On Profession Of Advocate And Solicitor In Client's Office

An advocate and solicitor shall not maintain an office or carry on the profession of an advocate and solicitor in any manner whatsoever in the office of a client, in particular a housing developer.

(9) Advocate And Solicitor Engaging In Foot Reflexology,Acupuncture

It is undesirable for an Advocate and Solicitor to engage in the business or activity of foot reflexology, acupuncture, etc. because this would bring the legal profession into disrepute.

(10) Courtesy

(a) An advocate and solicitor calling another advocate and solicitor on the telephone should be on the line first and ready to speak at once.

(b) An advocate and solicitor must promptly reply to correspondence from fellow advocates and solicitors, the Bar Council, State Bar Committee, clients and former clients.

(c) An advocate and solicitor and his firm shall accept all correspondence from another advocate and solicitor or another firm.

(11) Making Threats Of Criminal Proceedings

(a) This is improper as a means of exerting pressure to recover a civil debt.

(b) It is, however, not improper to draw the attention of any person to the fact that failure to comply with a statutory requirement may constitute an offense.

(12) Soliciting And Poaching Of Staff

Whilst the concept of mobility of labour is recognized, it is unprofessional conduct for an advocate and solicitor or his firm to solicit or poach staff of another advocate and solicitor or firm by means of any inducement or promise of better remuneration or better term and conditions of employment and without the prior written consent of the other advocate and solicitor or firm.

(13) Clients' Files

(a) An advocate and solicitor may proceed to close his client's file after he has finished the work and the client has settled the bill.

(b) When a file is closed in a litigation matter the client is entitled to receive the original cause papers, the originals or file copy of all correspondence (including those between lawyers and court) and all original documents.

(c) An advocate and solicitor who wishes to retain a photocopied set of all such documents is not entitled to charge the client for such photocopy.

(d) Where copies of correspondence and cause papers are sent to the client regularly and he requests additional copies the advocate and solicitor is entitled to charge the client for the cost of the additional photocopying.

(14) Guidelines For Disposal Of Files

There are no strict rules governing the period for destruction of files. However, the Bar Council recommends the following guideline:

(a) Conveyancing files : 12 years

(b) Litigation

1. General litigation : 6 years
   
2. With enforced judgment : 12 years from date of judgment

(c) Probate and administration : 12 years

(d) Family matters : 6 years

(e) General matters : 6 years

(15) Transfers Or Charges In Escrow

An advocate and solicitor shall not attest any transfer(s)/charge(s) in escrow in cases where no individual/strata titles have been issued.

(16) Solicitors' Remuneration Order 1991

In order to ascertain whether the Solicitors' Remuneration Order 1991 has been complied with the Bar Council either on its own motion or upon receipt of information or complaint may require any solicitor to produce to the Bar Council certified copies of documents relating to any transaction within fourteen (14) days or such time as may be extended by the Bar Council.

Note:
Members are advised to comply strictly with the Solicitors' Remuneration Order 1991 and to forward any information or complaint to the Bar Council or Disciplinary Board on any transaction where the Order has not been complied with.
Non-compliance with the Order is a breach and will result in disciplinary proceedings.

(17) Payment Of Solicitor's Fees

The use of credit cards to pay legal fees is not allowed.

(18) Clients' Account

The opening of clients' accounts in offshore banks is not permitted.

(19) Notice Of Preliminary Objections

(a) An advocate and solicitor shall give written notice, whether by letter, facsimile message or otherwise, to the advocates and solicitors representing all the other parties in the litigation, of his intention to raise a preliminary objection during the hearing of any matter before any court, tribunal or other body authorized to conduct hearings.

(b) Such written notice shall be delivered to the other advocates and solicitors within a reasonable period before the hearing but not later than 48 hours before the hearing to enable the said advocates and solicitors to properly prepare themselves and to secure instructions from their clients with regard to the proposed preliminary objection.

(c) Such written notice shall set out in sufficient detail:

1. the nature of the proposed preliminary objection
2. a list of authorities that counsel moving the court for the preliminary objection intends to rely on and
3. the proposed relief that counsel moving the court for the preliminary objection will seek before the court in the event that the objection is upheld by the court.

Only in exceptional circumstances may counsel raise a preliminary objection during the hearing of any matter before a court, tribunal or other body authorized to conduct hearings without giving written notice as described in paragraphs (i) to (iii) above. In such event, counsel representing the other parties in the litigation have an automatic right to seek an adjournment of the preliminary objection. Further, counsel raising the preliminary objection is precluded from objecting if such a request for an adjournment is made.

(d) Nothing in this Ruling affects the general discretion of the court, tribunal or other body authorized to conduct hearings to deal with such matters, including making orders on costs.

(e) This Ruling supersedes the ruling made by the Bar Council on 26 April 1991 and comes into force with immediate effect.

(20) Exchange Of Legal Authorities

(a) Counsel shall exchange by written notice, whether by letter, facsimile message or by any other written communication, with counsel representing all the other parties in the litigation, a list containing all the authorities (with suitable citations)that counsel proposed to rely upon during the trial or hearing of any matter or cause before any court, tribunal or other body authorized by law to conduct hearings.

(b) The communication of the said List of Authorities should reach the other counsel within a reasonable period before the trial or hearing but not later than 48 hours prior to the trial or hearing to enable the other counsel to consider the authorities specified in the List and to submit upon them during the trial or hearing.

(c) Where counsel intends to reproduce copies of authorities specified in his List into a Bundle of Authorities he should endeavor to serve the said Bundle on the other counsel as soon as it is practicable or convenient, but no later than when the counsel 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.

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

(e) Nothing in this Ruling affects the right of any counsel in any proceedings to which this Ruling applies to supply from time to time, Supplementary Lists of Authorities to all other counsel involved in such proceedings, to present to the court, tribunal or body, as the case may be, authorities not previously specified in any of his Lists of Authorities. Counsel wishing to rely on such additional authorities shall endeavor to give as much notice as is practicable and convenient in the circumstances of the citation of such additional authorities to all other counsel involved in the proceedings.

(f) Nothing in this Ruling affects the general discretion of the court, tribunal or other body to deal with such matters, including making orders on adjournment or costs.

(g) This Ruling shall come into force on 1 March 1997

(21) Dress Code For Lawyers Appearing In Court

(a) Open Court matters in the High Court, Court of Appeal and Federal Court

(i) Gentlemen:

Shirt:
White (long/short sleeves) with white wing collar and bands
Slacks:
Black / navy blue / dark gray stripes acceptable
Jacket:
Black. No brass buttons
Socks:
Black / navy blue / dark blue
Shoes:
Black / navy blue / dark gray
Robe:
Black
Head-dress:
Black / navy blue / dark gray / white

Blouse:
White (long/short sleeves) with white wing collar and bands
Skirt(below the knees):
Black / navy blue / dark gray / stripes acceptable
Traditional dress:
Subtle floral patterned prints in the above colors also permitted.
Jacket:
Black. No brass buttons
Nylons (optional):
Skin-tones only
Shoes:
Black / navy blue / dark gray Court shoes, no sandals
Robe:
Black
Headdress:
Black / navy blue / dark gray / white. Subtle floral patterned prints also permitted

(b) Chamber matters in the High Court and all Subordinate Court matters for both ladies and gentlemen

As for Superior Courts with the following exceptions:

1. No robes
2. White turn-down collar with sober tie for gentlemen
3. Sober tie optional for ladies