LAWS OF MALAYSIA REPRINT Act 166 LEGAL PROFESSION ACT 1976 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia 2 ACT 166 LEGAL PROFESSION ACT 1976 Date of Royal Assent ... ... ... ... ... 6 March 1976 Date of publication in the Gazette ... ... 11 March 1976 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 Legal Profession 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 QUALIFYING BOARD 4. 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 Filing of admission petition and enquiries, etc. 14. 15. Petition for admission with affidavit Laws of Malaysia 4 ACT 166 Section 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 28E. Provisions of this Part to prevail Legal Profession 5 PART Ill PRACTISING CERTIFICATES Section 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 38. Certain persons can act as advocate and solicitor 39. Instrument and document to be endorsed 40. No cost payable to unauthorized person PART V MALAYSIAN BAR 41. Establishment of Malaysian Bar 42. Object and powers of the Bar Members of the Malaysian Bar and Subscriptions 43. Advocate and solicitors members of the Bar 44. Eligibility of a member 45. Disqualification of a member 46. Annual subscription Laws of Malaysia 6 ACT 166 Disqualification for Membership of Bar Council, Bar Committee, etc. Section 46A. Disqualification for membership of the Bar Council, a Bar Committee, or of any committee there of The Bar Council 47. Establishment of Bar Council 48. Period of holding office Election of Members of the Bar Council Members 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 Legal Profession 7 General Meeting of the Malaysian Bar Section 64. Annual general meetings 65. General meeting 66. Voting 67. Quorum State Bar Committee 68. Combined Bar-State Bar Committee 69. Combination of members as State Bar 70. Annual general meeting of State Bar 70A. General meeting of State Bar 71. Severance of combined Bar 72. Meeting of the State Bar Committee 73. Powers of the State Bar Comittee 74. Fees not allowed to State Bar Committee 75. Casual vacancy General 76. Names of Council and Committee members to be published in the Gazette PART VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS Power to make rules regulating practice, etc. 77. 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 Laws of Malaysia 8 ACT 166 Section 82. Advocate wilfully and knowingly acting as agent 83. Advocate and solicitor not to employ undischarged bankrupt 84. Advocate and solicitor acting for developer not to act 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 Guilty advocate and solicitor, etc. 88. 88A. Suspension of advocate and solicitor 89. Taking of prossession 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 93. Disciplinary Board 94. Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc. 95. Disciplinary Committee Panel and Investigating Tribunal Panel 96. Appointment of Disciplinary Committee Panel 97. Appointment of Investigating Tribunal Panel 98. Director of the Complaints Secretariat 99. Complaint against advocate and solicitor or pupil 100. Investigating Tribunal 101. Investigation 102. Disciplinary Board's consideration of report by Investigating Tribunal 103. Disciplinary Board's power to order penalty 103A. Application to appoint a Disciplinary Committee Legal Profession 9 Section 103B. Disciplinary Committee 103C. Findings of Disciplinary Committee 103D. Consideration by the Disciplinary Board of the report of the Disciplin- ary Committee 103E. Appeal from the decision of the Disciplinary Board 103F. Power to make rules 103G. Saving and transitional provision 103H. Establishment of Discipline Fund 103I. Payment of fees, fine, costs, etc., into Discipline Fund 103J. Power to make rules (Deleted) 104. 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 enquired fails to attend 110. Publication and document presumed evidence of facts therein stated No action against Disciplinary Committee, etc., for act done 111. 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 Contentious Business 116. Advocate and solicitor may enter agreement for costing contentious business 117. Costs recoverable from client by other person not attested 118. Enforcement to agreement Laws of Malaysia 10 ACT 166 Section 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