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PRIVILEGES OF ADVOCATES & SOLICITOR

Rights of Adv. & Sol.


S 35(1):

an exclusive right to appear & plead in courts; between themselves, they have the same rights & privileges.

S 35(2) (a)-(c) rights of other

officers/persons whose duties require them to perform the duties/ to appear in court.
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Unauthorised person

S 36(1):

those who practise as adv & sol his name must be in the Roll & he has a valid practising cert. Those not qualified, referred as an unauthorised person.

S 37(1) (a)-(b): unauthorised person cannot act as an adv & sol. or shall be guilty of an offence:

On conviction, liable to a fine not exceed RM2,500; or To imprisonment not exceed 6 months; or both
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Unauthorised person
Other offences:

S 37(2) Offences under this section will be, on conviction, subject to s 37(4):
1st offence fine not exceed RM500; or Default in payment, imprisonment not exceed 3 months; 2nd/subsequent offence fine not exceed RM2,000; or Imprisonment not exceed 6 months; or Both.
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Unauthorised person
If the offence is done by body corporate

s 37(5):

On conviction, liable for


1st offence fine not exceed RM1,000; 2nd/subsequent offence fine not exceed RM3,000.

If act is done by directors or any officers of the body corporate punishment is similar to subs (4).

Case

Bar Malaysia v HF Vitality (Msia) Sdn Bhd. [2003] 5 MLJ 145

Df, a pte ltd co. advertised to provide services of a legal nature to members of the public. The services are normally provided for by legally qualified & trained adv & sol. Issue: Whether the Df was unauthorised person under s 36 & 37 LPA. Held: Df, being a pte ltd entity, was an unauthorised person & therefore should be liable for punishment under the LPA.
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