TUTORIAL Publicity_UPP4712

Question 1

Rony, an advocate and solicitor, specializes in construction cases. Over the fifteen years that he
had been in practice, he had acquired sufficient knowledge and expertise to write a book on “The
Law of Construction in Malaysia”.

The Preface to the book was an elaborate write-up by Mr. Justice Kanan, who not only
commended the publication of the book but also highly praised Rony for being “the expert to
rely on”.

At the launching of the book, also Mr. Justice Kanan, the Judge was laudatory in his praise of
Rony’s “expertise in this area of law”. He was so impressed. Rony was later been asked by the
reporter at the press conference and responded to the reporter’s question on the rates charged by
him and his firm as to construction cases and the methods of charging.

The event was well publicised by all the newspapers the next day, with a photograph of Rony
next to the headline: “Member of the Bar and a prominent writer”.

Discuss Rony’s conduct in relation to the Legal Profession Act 1976 and the relevant Rules
regulating the professional practice, etiquette and conduct of advocates and solicitors.

Question 2

To what extent does the Legal Profession Publicity Rules 2001 allow the advocates and
solicitors:
to advertise;
(i) to give interview;
(ii) to publish photograph;
(iii) to solicit reports; and
(iv)to distribute business cards

Question 3

Roslan the partner of Messrs Roslan Daud & Co. a firm that specialises in running down matters.
He is an Advocate and Solicitor of more than 12 years standing. He is currently in the process of
expanding the firm’s practice to other states in Malaysia This being the 10 th year of the firm, they
plan to mark the Anniversary with the publication of a special brochure containing a profile of all
the lawyers in the firm, their areas of expertise and some of the landmark cases conducted by the
firm. Roslan wanting publicity in Malaysia has arranged for the brochure to be published in
‘Motor Car’ a Journal that is widely circulated in Malaysia highlighting the firm’s ‘outstanding’
contribution in the field of running matters.
Discuss the ethical issues arising if any, in Roslan’s conduct, with reference to the law on
publicity for Advocates and Solicitors.