TOPIC

8
RESPONSIBILITIES OF A LAWYER
Part I

General Responsibili>es of a Lawyer

There are many different general responsibili4es of a
lawyer.
•  This individual will represent clients in court,
media4ons, business transac4ons and other important
legal proceedings or arrangements where the law will
be discussed.
•  The lawyer meets with the clients before, during and
a<er legal proceedings to ensure that the client fully
understands all aspects of their case.
•  In general, the lawyer is the individual who represents
another in all issues where legal representa4on is
advised and deemed necessary.

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Specific Du>es of Lawyers

•  A lawyer has many du4es relevant to their occupa4on.
•  One important duty that the lawyer must perform in their
profession is maintaining client contact. Lawyers always represent
someone, whether it be an individual or en4ty, and therefore it is
important that the lawyer report all progress and per4nent
informa4on to their client in order to keep them well informed.

•  Another specific duty of lawyers is to provide in-person

representa4on at court hearings and other legal proceedings.
Whether the lawyer is involved with criminal li4ga4on or civil
li4ga4on, there is most likely going to be some form of legal
proceeding that they must aFend on behalf of their client. The
lawyer in this duty will speak on behalf of the client and advise the
client on how to proceed.

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As stated earlier, the role of a lawyer is not simply to appear in court and argue passionately
on behalf of the client.
•  There is a mul4tude of background work which lawyers must do in order to adequately
prepare a case or pursue a legal maFer. There are many legal documents that need to be
dra<ed and although paralegals and legal secretaries can dra< some of these
documents, there are s4ll many lawyers who choose to do so themselves.

Contact with clients is not the only type of conversa4on which lawyers must have with
individuals.
•  Lawyers spend a great deal of 4me talking on the phone, nego4a4ng, sending email and
mail correspondence and faxing per4nent documents to and from involved par4es.
Again, paralegals and legal secretaries can help with this voluminous task but lawyers
should try to do as much as they can themselves whenever possible and be sure to
review all documents before they leave their office. There are certain du4es which must
be performed by the lawyers themselves, such as nego4a4ng with opposing par4es, for
example.

•  Another important duty which lawyers engage in on a frequent basis is research. There
are many different forms of research which lawyers can do such as researching statutes,
procedural rules, evidence, per4nent documenta4on and more. A large por4on of a
lawyer’s 4me is spent reviewing and compiling research to aid them in the
representa4on of a client.
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Traits of an Effec>ve Lawyer

In order for an individual to be an effec4ve lawyer, he/she must have certain traits
and aFributes in order to excel in this occupa4on.
•  One important trait which lawyers should possess is that of ar>cula>on. A
lawyer who can ar4culate effec4vely is one who will be more likely to succeed
not only against opposing par4es in court but also to impress and put their
client at ease as well. An ar4culate lawyer is one who will see results.

•  Another trait which lawyers should have is intelligence. Having this posi4ve
aFribute will ensure that the person represen4ng the client is one who is
smart enough to know what to do, when to do it and how to go about gePng
the results which are necessary to win the case and/or abide by the client’s
wishes. A lawyer who uses their brain is more likely to see the best possible
outcome from a case.

•  It can arguably be said that those who become lawyers are individuals who like
to read. The legal profession is filled with volumes of laws, regula4ons, cases
and rules. If one does not favor reading, then becoming a lawyer may not be
the best bet, as the legal field is one which requires massive amounts of
reading.

•  Source: hFp://www.exforsys.com/career-center/career-tracks/the-role-of-a-lawyer.html
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•  Good comprehension skills are another favorable trait which all lawyers should have.
Although one who likes to read may be a candidate for the legal profession, this in and of
itself means nothing if the person reading does not comprehend that which they just
read. Statutes and procedural rules are difficult to understand at 4mes and those who
have good comprehension skills may prosper at being a lawyer as they will have to read
the per4nent documenta4on much less than those without good comprehension skills.

•  A good personality and willingness to work well with others are two addi4onal posi4ve
traits which all lawyers should possess. Some people may think that lawyers have to be
tough as nails in order to excel in the legal profession but this is not en4rely true.
Although steadfast determina4on is a good trait to have, it does not mean a whole lot if
one does not have a good personality and willingness to resolve maFers. The saying that
one can catch more flies with honey than vinegar is also relevant with regard to being a
lawyer. Nego4a4ons go much beFer when the lawyers put their best foot forward and
are willing to come to an amicable solu4on.

•  Lastly, persuasiveness is an addi>onal trait which all lawyers should possess. Since the
legal profession is based around lawyers persuading individuals to see their point of
view, a lawyer must be persuasive in their speech and tac4cs.

A lawyer who can get their point across and persuade individuals to acknowledge it is one
who will see many victories.
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 Lawyers’ Individual and Collec>ve
Responsibili>es
•  See The Lawyers' Compass - your ethics
star>ng point
At hPp://www.ethics.qls.com.au/content/
thelawyerscompass

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 CONDUCT OF BUSINESS
Legal Profession (Prac4ce & E4queFe) Rules 1978

•  Legal profession to be the only profession

Rule 7 (a) – Remunera4on as Member of Parliament or State
Assembly
a)  An advocate and solicitor shall not accept any
remunera4on for that which he does in his capacity as a
Member of Parliament or of any State Legislature, other
than emoluments received by him as a Member of
Parliament or of any State Legislature.
Rule 7 (b) – Accep4ng posi4on as Execu4ve Director or
Secretary of Company
(b) No advocate and solicitor may accept the posi4on of an
execu4ve director or execu4ve secretary of a company
without the express consent of the Bar Council.

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•  Rule 44 - Not to actively carry on any trade.

(a) An advocate and solicitor shall not ac4vely carry on any trade
which is declared by the Bar Council from 4me to 4me as
unsuitable for an advocate and solicitor to engage in or be an
ac4ve partner or a salaried officer in connec4on therewith.
(b) An advocate and solicitor shall not be a full-4me salaried
employee of any person, firm (other than advocate and solicitor
or firm of advocates and solicitors) or corpora4on so long as he
con4nues to prac4se and shall on taking up any such
employment, in4mate the fact to the Bar Council and take steps
to cease to prac4se as an advocate and solicitor so long as he
con4nues in such employment.

Syed Mubarak bin Syed Ahmad v Majlis Peguam Malaysia [2000]
3 AMR 3048
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•  SecEon 94 (0) LPA 1976 – Not misconduct herself

Advocate and solicitor shall conduct herself in a way which is
unbefiPng of an advocate and solicitor or which brings or is
calculated to bring the legal profession into disrepute.

•  Rule 27. Advocate and solicitor not to appear where
pecuniarily interested

(a) An advocate and solicitor shall not appear in any maFer in

which he is directly pecuniarily interested.

(b) This rule does not apply to the case of an advocate and
solicitor appearing himself to tax his own costs.

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•  SecEon 112 LPA 1976 - Not to purchase
client’s interest – conEngency fees

(1) Except as expressly provided in any wriFen law, or by rules made
under this Act, no advocate and solicitor shall
(a) purchase or agree to purchase either directly or indirectly an
interest or any part of the interest which is the subject Legal
Profession 97 maFer of his client or that of the other party in the
same suit, ac4on or other conten4ous proceeding brought or to
be brought or maintained; or
(b) enter into any agreement by which he is retained or employed
to prosecute any suit or ac4on or other conten4ous proceeding
which s4pulates for or contemplates payment only in the event of
success in such suit, ac4on or proceeding.

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 SecEon 94(3) (g) LPA 1976 – Duty not to
• 

procure employment

(g) Advocate and solicitor is prohibited from directly or
indirectly procuring or aFemp4ng to procure the
employment of himself or any other advocate and
solicitor through or by the instruc4on of any person to
whom any remunera4on for obtaining such
employment has been given by him or agreed or
promised to be so given.

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•  Rule 40 - Advocate and solicitor not to stand as bailor or surety for
client

An advocate and solicitor shall not stand as a surety or bailor for his client required for the
purpose of any legal proceedings.

Notes:

It is the duty of bailor to ensure (in criminal cases) that accused who is out on bail in court
on said date (be it men4on or hearing date).

Failing this duty – court would issue show cause no4ce to bailor asking to give reasons as
to why bail sum should not be forfeited. (Sec4on 404 C PA)

•  This onerous responsibility should not be shouldered by counsel.

•  Counsel as officer of the court counsel should be above these maFers and not to get
personally involved with client. Otherwise objec4vity might be compromised.

Sec4ons 294 and 173A of CPC allows court to hand out a sentence of binding over instead
of imprisonment.

For this purpose, surety is required to ensure that during the period of binding over
accused abides by condi4ons imposed by court.

For similar reasons as bailor, advocate and solicitor is prohibited from neing client’s surety.
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•  Rule 8 - Advocate and solicitor not to ask for excuse from
assignment (Cab Rank Rule)

Subject to any Rules of Court made in this behalf, an advocate and
solicitor assigned as counsel or advocate and solicitor in any civil
or criminal maFer
(i)  shall not ask to be excused for any trivial reason and
(ii)  shall always exert his best effort in that assignment.

•  Rule 41 - Advocate and solicitor who has advised Arbitrator
cannot appear in arbitraEon proceedings.

An advocate and solicitor who has in an arbitra4on acted for the
Arbitrator in advising him on points of law shall not advise or
appear for one of the par4es in any proceedings rela4ng to the
arbitra4on or award.
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•  SecEon 94(3) (h) LPA 1976 – ProhibiEon against touEng

Advocate and solicitor commits a misconduct under the Act by
accep4ng employment in any legal business through a tout.

•  Rule 61 LP (P&E) R 1978 – Not to be controlled by lay agency

An advocate and solicitor shall not permit himself to be controlled
or exploited by any lay agency intervening between client and
himself.

•  SecEon 94(3) (i) LPA 1976 – not to allow unauthorised person
to carry on business

Advocate and solicitor shall not allow any unauthorised person to

carry on legal business in his name without his direct and
immediate control as principal or without proper supervision.
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 ADVERTISING
Bar Council Rulings 1977
5.01. Overriding principles
•  It is the duty of every Advocate and Solicitor to uphold the dignity and
high standing of the legal profession and his/her own dignity as a member
of it.
•  Except to the extent expressly allowed by the Publicity Rules or by these
Rulings, an Advocate and Solicitor shall not do or cause or allow to be
done, whether directly or indirectly, anything for the purpose of tou4ng or
which is likely to lead to the reasonable inference that it is done for that
purpose.
•  Whilst an advocate and solicitor is en4tled to such professional
adver4sement 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 e4queFe for an advocate and solicitor (or his firm) to do,
or cause or permit to be done, anything with the primary mo4ve of
professional adver4sement, or anything likely to lead to the reasonable
inference that it is so mo4vated.

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Rule 4 LP(P)R2001. Advocate and Solicitor not to publicize
except in accordance with these Rules.

(1) No Advocate and Solicitor shall publicize his prac4ce or the
prac4ce of his firm, or permit or allow any of his employees or
any other person to publicize that prac4ce, in any manner except
in accordance with these Rules.

(2) No Advocate and Solicitor shall solicit or aFempt to solicit
professional business by doing or permiPng to be done anything
which, by its manner, frequency or otherwise, will have, in the
opinion of the Bar Council, the effect of publicizing his prac4ce or
the prac4ce of his firm in a manner which is inconsistent with or
not permiFed by these Rules.

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Rule 5 LP(P)R 2001 Publicity within Malaysia

1) An Advocate and Solicitor who publicizes his prac4ce or the prac4ce of his
firm within Malaysia-

(a)  shall not do so-
(i)  in a manner as will be likely to diminish public confidence in the legal
profession or to otherwise bring the legal profession into disrepute; or
(ii)  in a manner as may reasonably be regarded as being ostenta4ous, in
bad taste, misleading, decep4ve, inaccurate, false, sensa4onal,
intrusive, offensive or in any other way unbefiPng the dignity of the
legal profession;

(b) shall not in the publicity-
(i)  make any claim that he or any other Advocate and Solicitor prac4sing in
his firm is a specialist or expert in any area of prac4ce
(ii)  make any direct or indirect reference to the number or propor4on of
cases that have been successfully undertaken by him or his firm, or to
his earnings or the earnings of any other Advocate and Solicitor
prac4sing in his firm;
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(iv)  state anything that would be construed as offering any inducement to, or imposing
any duress, upon any person as a means of obtaining professional business for
himself or his firm;

(v)  make any statement rela4ng to the rates charged by him or his firm, or to his or his
firm's methods of charging;

(vi)  make any laudatory references to himself or his firm, or directly or indirectly extol
the quality of the professional services provided by him or his firm;

(vii)  make any comparison with, or cri4cism in rela4on to, the charges for, or the quality
of, services provided by any other Advocate and Solicitor or firm;

(viii)  incorporate the armorial bearings of the Malaysian Bar and Bar Council; or

(ix)  refer to the appointment of an Advocate and Solicitor currently or previously

prac4sing in his firm to a judicial office.

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Rule 48. Advocate and solicitor not to publish photograph.

An advocate and solicitor shall not take steps to procure the
publica4on of his photograph as a member of the Bar in the press
or any periodical.

[*This rule prohibi1ng a member from the publica1on of his
photographs in the Press or any periodicals has been waived by
the Bar Council with the approval of the AAorney General
pursuant to Rule 62 with effect from 1 June 2003.]

5.10. Publica>on of photographs

The publica4on of the photograph of an Advocate and Solicitor in
a brochure or other publicity material is permissible provided that
the photograph is not incompa4ble with the dignity of the legal
profession. 20
Rule 49. Advocate and solicitor not to solicit repor>ng

It is contrary to e4queFe for an advocate and solicitor to solicit the repor4ng of any
maFer in which he has been professionally engaged. However, the said advocate and
solicitor may consider and revise reports of cases in which he has been professionally
engaged so as to ensure the correctness of the Report.

Nobility of legal work demands that there is no self-aggrandisement.
General view now is that adver4sement should be allowed but with certain strict
condi4ons.

Further Rules under Bar Council Rulings 1977
2.04. Display of nameplate and signboard
(1) The nameplate of a law firm may be placed at the main entrance of an Advocate
and Solicitor’s residen4al premises only if his/her law firm is located at such
residence.
(2) No nameplate of a law firm shall be placed on any road leading to or on any road
in the vicinity of the law firm.
(3) No arrows or other signs indica4ng direc4on to a law firm are permiFed, except
where there may be difficulty in loca4ng such law firm (for example, in a mul4-
storey complex), provided however that the arrows/pointers or other signs are
discreet, unobtrusive and not incompa4ble with the dignity of the legal profession.
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Rule 9 Legal Profession (Publicity) Rules 2001: Nameplate

(1)  An Advocate and Solicitor shall display a nameplate on the

outside of the premises at which his firm is located.

(2)  (2) The nameplate referred to in subrule (1) shall contain only
approved informa4on and shall not be larger than 92
cen4metres (3 feet) by 61 cen4metres.(2 feet)

Rule 10 Legal Profession (Publicity) Rules 2001. Building directory

An Advocate and Solicitor may cause the name and address of his
firm to be listed in the directory of the building at which that firm is
located.

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2.05. Lighted nameplate and signboards

Nameplates and signboards shall not be illuminated.
In ordinary circumstances the colour of the signboard must be unobtrusive.

Only one signboard is permiFed for each office. If office of advocate and solicitor is in a
mul4-storey complex the situa4on might warrant addi4onal signboards.

Again, the signboard should not be put up in a manner of adver4sement; but only for
ease of func4oning of legal prac4ce (such as for ease of client s to locate office)

2.02. Firm name in vernacular language to be approved

A firm intending to use a vernacular language version of its name (i.e. in a par4cular
language, e.g. Tamil, Mandarin, Malay, Arabic, Thai, etc.) shall obtain the prior approval
of the Bar Council before doing so. This is to ensure that such name corresponds with
the Romanized name of the firm.

2.06. Firm’s logo on signboard

A law firm’s logo which has been approved for publica4on on the firm’s leFerhead and
sta4onery may appear on the firm’s signboard.
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Rule 12 Legal Profession (Publicity) Rules 2001. Brochure, leaflet and pamphlet.

(1) An Advocate and Solicitor may produce for distribu4on brochures, leaflets or
pamphlets that contain approved informa4on and which may be distributed only to-

(a) his employees or any other Advocate and Solicitor prac4sing in his firm;
(b) any person who is his or his firm's client;
(c) any person making unsolicited and bona fide enquiries in rela4on to the
professional
services provided by him or his firm; or
(d) any person with whom he has or may have professional dealings provided that
the distribu4on be done discreetly and in a manner which is befiPng the
dignity of the legal profession.

(2) No brochure, leaflet or pamphlet rela4ng to the prac4ce of an Advocate and Solicitor or
his firm shall be put on display except within the premises of that firm.

(3) An Advocate and Solicitor who has produced and distributed a brochure, leaflet or
pamphlet under sub-rule (1) shall cause a copy of the brochure, leaflet or pamphlet to
be kept at his principal place of business for a period of at least 12 months from the
date of its publica4on, and shall, upon being requested to do so by the Bar Council,
produce a copy of the brochure, leaflet or pamphlet to the Bar Council for inspec4on
within the 4me as specified by the Bar Council. 24
Rule 13 LP(P) R 2001. Journal, magazine and newslePer

1) An Advocate and Solicitor may produce for distribu4on a journal, magazine or newsleFer
rela4ng to the prac4ce of his firm, but such publica4on must contain only-

(a) approved informa4on;
(b) law notes; or
(c) egal ar4cles.

(2) The Advocate and Solicitor may distribute the journal, magazine or newsleFer referred
to in subrule (1) only to-

(a) his employees or any other Advocate and Solicitor prac4sing in his firm;
(b) any person who is his or his firm's client;
(c) any person making unsolicited and bona fide enquiries in rela4on to the
professional services provided by him or his firm; or
(d) any person with whom he has or may have professional dealings provided that
the distribu4on be done discreetly and in a manner which is befiPng the dignity
of the legal profession.

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(3) No journal, magazine or newsleFer rela4ng to the
prac4ce of an Advocate and Solicitor or his firm shall be
put on display except within the premises of that firm.

(4) An Advocate and Solicitor who has produced and

distributed a journal, magazine or newsleFer under
sub-rule (1) shall cause a copy of the journal, magazine
or newsleFer to be kept at his principal place of
business for a period of a least 12 months from the
date of its publica4on, and shall, upon being requested
to do so by the Bar Council, produce a copy of the
journal, magazine or newsleFer to the Bar Council for
inspec4on within the 4me as specified by the Bar
Council.
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2.01. Firm name

(1)  Subject to sec4on 85(3) of the Act, an Advocate and Solicitor may not use as a firm
name or part thereof, a variant spelling of his/her own name that does not appear in
his/her iden4ty card.

(2) When a partnership is dissolved (“dissolved firm”), no partner may con4nue to
prac4se under the name of the dissolved firm unless such firm name is the name of
one of the partners con4nuing to prac4se or unless all partners of the dissolved firm
so consent, subject however to any provision to the contrary in the partnership
agreement governing the partners in the dissolved firm. This Rule does not apply in
the case of the death of a partner.

(3) On the demise or re4rement of an Advocate and Solicitor who is a sole prac44oner,
the firm (including the firm name) may be sold or otherwise transferred from the
estate of the deceased Solicitor (or the re4ring Solicitor, as the case may be), but such
re4ring Advocate and Solicitor shall not, a<er the sale or transfer of his/her firm
(including the firm name) prac4se under the former firm name or under any name
which in the opinion of the Bar Council may cause confusion.

(4) A firm name can include the surname of any Advocate and Solicitor who is a partner
or the sole proprietor as the case may be, of such firm.
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5.13. Solicitor’s name not to appear on signboard of another person*

No Advocate and Solicitor shall permit his/her name or his/her firm’s name to
appear on the signboard of another person (“Person”) unless the signboard of
such Person complies with the Publicity Rules, and Rulings pertaining to
nameplates and signboards of Advocates and Solicitors or law firms.
• See also Publicity Rules r. 19(2).

5.13A. Excep>on to Ruling 5.13

No Advocate and Solicitor shall permit his/her name or his/her firm’s name to
be used by another person (“Person”), save where such Advocate and Solicitor
or a partner or partners of his/her firm fully own(s) the business or has/have a
controlling interest in the Person, and the Person carries on business, solely in
connec4on with, or for the purpose of, the firm’s prac4ce, which in the opinion
of the Bar Council is not incompa4ble with the dignity of the legal profession.

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5.14. Company or corpora>on’s lePerhead

The name of an Advocate and Solicitor may be printed on the leFerhead and sta4onery of a
company or corpora4on, provided that he/she may not be described as an Advocate and
Solicitor.

5.15. Legal Adviser to “will package company”

The name of an Advocate and Solicitor or his/her law firm shall not appear on the package
of any “will package company” unless the wills in such package have been prepared by him/
her or his/her law firm.

5.16. Adver>sement or endorsement of any product, goods or services not permiPed

An Advocate and Solicitor shall not adver4se or endorse any product, goods or services in
his/her capacity as an Advocate and Solicitor nor shall such Advocate and Solicitor appear in
or be men4oned in any such adver4sements or endorsements in his/her capacity as an
Advocate and Solicitor or described as an Advocate and Solicitor.

5.18. Awards to law firm

A law firm is permiFed to publicise awards given to the firm in the firm’s profile, gree4ng
cards as well as on its website as a tagline in all the firm’s outgoing mail. 29
LETTERHEADS AND STATIONERY

3.01. Use of colours in lePerhead
The use of colours in the leFerhead or sta4onery of a law firm is permiFed so long as the colours are
used in a manner that is not incompa4ble with the dignity of the legal profession.
3.05. Logo, elaborate or decorated script or style permiPed
The use of any logo, insignia, seal of the firm and any elaborate or decorated script or style on a law
firm’s leFerhead and sta4onery in a manner which is unobtrusive and not incompa4ble with the
dignity of the legal profession is permiFed.
(1) Logos, symbols and other characters
The use of logos and elaborate or decorated Chinese characters on a firm's leFerhead and sta4onery
is prohibited. The Chinese character "大" (Da) which connotes “big” shall not be included on a law
firm’s leFerhead, sta4onery or signboard.
(2) Chinese seals
The use of a Chinese seal is permiFed, but is limited to the name of the firm of advocate and solicitor
concerned, and must be discreet, unobtrusive and compa4ble with the dignity of the profession.
3.08. Telephone and facsimile numbers

The telephone and facsimile numbers of a law firm must be stated in the firm’s leFerhead.

3.09. Designa>on of “Industrial Design Agent”
The use of the designa4on “Industrial Design Agent” on a firm’s leFerhead is permiFed.
3.10. Display of email and website addresses of law firm
A law firm is permiFed to incorporate the firm’s email and website addresses in the firm’s leFerhead
and sta4onery.
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(3) Names

(a) Sole proprietor or Partners
The name(s) of the sole proprietor or partners in a firm of advocates and solicitors
must be stated on the firm's leFerhead.

(b) Legal assistants
The names of the legal assistants, if stated, must be dis4nguished from those of the
sole proprietor or partners in the firm.
The names of legal assistants may be listed in categories.

(c) Advocates and solicitors who have leQ the firm
The name of an advocate and solicitor who has ceased prac4ce in a firm shall not
appear on any leFerhead or sta4onery of the firm.

(d) Advocates and solicitors not in prac1ce
An advocate and solicitor who is 'temporarily' not prac4cing shall not be described as
being 'on leave'.

(e) Persons not advocates and solicitors
The name of anyone who is not an advocate and solicitor shall not be printed on the
leFerhead and sta4onery of the firm.
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3.03. “Managing Partner” and “Senior Partner” allowed on firm’s lePerhead

The inclusion of the designa4ons “Managing Partner” and “Senior Partner” on a law
firm’s leFerhead and sta4onery is permiFed.

(4)  Descrip>ons

(a) The following descrip4ons may be used where applicable on the leFerheads and
sta4onery of a firm: Advocate & Solicitor

o  Barrister-at-Law
o  Chambers of
o  Commissioner for Oaths
o  Consultant
o  Law Offices of
o  Notary Public
o  Registered Patent Agent
o  'Syariah Prac44oner', 'Pengamal Syariah', 'Peguam Syariah' or 'Peguam Syarie' and
o  relevant academic and professional qualifica4ons.

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3.04. Descrip>ons or statements not permiPed on lePerhead and sta>onery

The following descrip4ons or statements are not permiFed on the leFerhead or sta4onery
of a law firm:
•  Ar4cled clerk
•  Chartered Arbitrator
•  Counsel
•  'High Court lawyer' or any other similar vernacular descrip4on of praise or acclaim
•  medical, science or other qualifica4ons not relevant to the prac4ce of law
•  membership in the Bar Council, State Bar CommiFee or similar body or associa4on with
any person, a par4cular course, maFer.

(c) The descrip4on 'Amalgama4on with' may be used for a period not exceeding one year
from the date of amalgama4on subject to the prior approval of the Bar Council.

5) Disclaimers

Any statement disclaiming liability for the act(s) or omission(s) of any advocate and
solicitor prac4cing in any firm whether as a partner or legal assistant is prohibited. Such a
disclaimer, if allowed, would be against public interest.

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NAME CARDS
(1)  Content

(a)  Any name card distributed by an advocate and solicitor may contain the following particulars:

1.  name of advocate and solicitor

2.  relevant academic and professional qualifications
3.  the description 'Advocate and Solicitor'
4.  name of firm
5.  address, telephone, cable and facsimile numbers of firm and e-mail address of firm
6.  status of advocate and solicitor in the firm, i.e. sole proprietor, partner, consultant or legal assistant and
7.  name of country so long as:
• the international office bears the same name as the Malaysian firm; and
• the Malaysian firm has a controlling interest in the international office

(2) Inclusion of Description "Registered Patent Agent" on Name Card

It is permissible for an Advocate and Solicitor who is also a registered patent agent to insert the description
"Registered Patent Agent" on his or her name card.

(3) Descriptions

All descriptions as set out in Part B(4)(b) above are not permitted.

34
(4) Persons Permitted to Carry Name Cards

(a)  The following persons shall be permitted to carry cards:

i.  advocates and solicitors and

ii.  current office bearers of the Bar Council and State Bar Committees.

(b) No employee, agent or pupil of a firm who is not an advocate and solicitor
shall be permitted to use a name card printed with the name of the firm
concerned and the words 'Advocates and Solicitors' or 'Lawyer'.

(4) Restricted use of Name Cards

(a) Such cards are meant only to introduce oneself, but not to be used for the
purpose of soliciting clients for an advocate and solicitor or his firm, whether
directly or indirectly, or in any manner or form which is likely to lead to the
reasonable inference that it was done for that purpose.

35
5.17. Addi>onal categories of Approved Informa>on under the Publicity Rules 2001
Pursuant to Rule 2(r) of the Publicity Rules 2001, the Bar Council has approved the
following categories of informa4on pertaining to Advocates and Solicitors and law firms
as “Approved Informa>on” under the Publicity Rules:
(a)  academic and professional qualifica4ons including “First Class Honours” and “Merit”,
as well as any non-law qualifica4ons;
(b) work experience (where not part of any employment with a law firm) including any
work undertaken on a voluntary or advisory nature, teaching or lecturing posi4ons;
(c) memberships of and/or affilia4ons to any socie4es or other organisa4ons or
associa4ons;
(d) memberships of commiFees, sub-commiFees, ad hoc working or study groups of the
Bar Council and other ac4vi4es undertaken on behalf of the Malaysian Bar;
(e) books and ar4cles wriFen including conference papers presented, conferences
par4cipated in and speaking engagements;
(f) informa4on on transac4ons (generally corporate and financial transac4ons) and
whether cross-border transac4ons or otherwise, which Advocates and Solicitors or
law firms have been or are involved in, provided that their clients’ names should not
be disclosed without the prior consent of their clients;
(g) ISO cer4fica4on;
(h) membership in the Bar Council or State Bar CommiFee;
(i)  arbitrator on the panel of ... (name of the relevant recognised body); and
(j) mediator on the panel of ... (name of the relevant recognised body).
36
5.02 - No>ces

(1) NoEce in newspaper
Subject to Rule 4(2) of the Publicity Rules, no no4ce or adver4sement placed in a na4onal or local
newspaper for or on behalf of a client by an Advocate and Solicitor shall be in a form or be for such a
period which is in the opinion of the Bar Council, likely to be construed as a form of adver4sement
either for such Advocate and Solicitor or for his/her firm and such no4ce or adver4sement shall not in
any event appear beyond a reasonable period necessary for the purpose of such no4ce or
adver4sement.

(2) AdverEsing for sale of property
An Advocate and Solicitor may on behalf of his/her client, place an adver4sement for the sale by
auc4on of any property provided such adver4sement is not done in a manner incompa4ble with the
dignity of the legal profession.

(3) Congratulatory/condolence message by law firm
The name of a law firm without the descrip4on “Advocates and Solicitors” may be published in a
congratulatory or condolence message to a person or company. An Advocate and Solicitor may publish
such congratulatory or condolence message in his/her personal capacity without the descrip4on
“Advocate and Solicitor”.
• See also Publicity Rules r. 14.

• 5.03. No>ce by sales agent, builder or developer
The name of an Advocate and Solicitor or his/her firm shall not appear together with the name of any
sales agent, builder or developer in an adver4sement rela4ng to a housing project.
37
Rule 14 LP(P)R 2001. No>ce

1)  An Advocate and Solicitor may insert in any newspaper, newsleFer or law journal, or send to any
person who is his or his firm's client, or with whom he has professional dealings, a no4ce for the
purpose of conveying informa4on regarding-

(a)  the commencement or dissolu4on of his prac4ce;
(b) the merger or associa4on of his prac4ce with the prac4ce of any other Advocate and Solicitor
or firm;
(c) the opening of any new branch of his firm;
(d) the admission, withdrawal, re4rement, termina4on or resigna4on of any Advocate and
Solicitor to or from his firm, or the death of any Advocate and Solicitor prac4sing in his firm;
(e) any change in the name, address or telecommunica4on numbers of his firm; or
(f) such other maFers as may be approved in wri4ng by the Bar Council.

(2) An Advocate and Solicitor may insert in any newspaper, newsleFer or law journal a no4ce
regarding a vacant posi4on in his firm and may in that no4ce state approved informa4on, but the
statement must not be of such a nature as to reasonably give rise, in the opinion of the Bar Council, to
an inference that he is aFemp4ng, through the no4ce, to publicize his prac4ce or the prac4ce of his
firm in a manner inconsistent with these Rules.

(3) An Advocate and Solicitor who has publicized through a no4ce under subrule (1) or (2) shall cause
a copy of the no4ce to be kept at his principal place of business for a period of at least 12 months
from the date of its publica4on, and shall, upon being requested to do so by the Bar Council, produce
a copy of the no4ce to the Bar Council for inspec4on within the 4me as specified by the Bar Council. 38
5.04. Press statements on outcome of li>ga>on

Where there has been no press or other media comment as yet, an advocate and solicitor may, upon instruc4ons
from his client, dra< the result of any li4ga4on involving that client for publica4on, provided the name of the
advocate and solicitor and/or his firm is excluded.

5.05. Solicita>on of work - ApplicaEon for appointment to panel of Solicitors allowed

(a) Subject to the Act and rules made thereunder, including the Publicity Rules, an Advocate and Solicitor or firm may
write to a poten4al client introducing the Advocate and Solicitor or law firm and/or reques4ng to be placed on the
panel of that poten4al client provided that this is done in a manner not incompa4ble with the dignity of the legal
profession.

(b) Tender exercise for legal work

No advocate and solicitor shall par4cipate in any form of tender exercise conducted by banks and other organiza4ons
in which advocates and solicitors are asked to quote their fees in handling conten4ous maFers where the advocate
and solicitor is then not aware of the facts rela4ng to the maFers to be handled.

5.06. Recep>on for opening new office

An Advocate and Solicitor opening a new office may have a recep4on for that purpose at his/her office, and may
invite friends, rela4ves and clients, provided that nothing must be done which will be in breach of the general rule
against adver>sing or aPrac>ng excessive publicity for himself or his firm.

However, there shall be no adver4sing of such opening or press reports of the same, and the advocate and solicitor
concerned should take steps to prevent the publica4on of congratulatory messages in the media.
(See also s.14 Legal Profession Publicity Rules 1997)
39
Rule 15 LP(P)R 2001 - Interviews with press, radio and television.

(1)  An Advocate and Solicitor may, at the request of the press, radio, television or
other media, consent to be interviewed, whether in his professional or private
capacity, but-

(a) the interview shall not be in rela4on to any maFer or be given with such
frequency; or

(b) at the interview nothing must be said or done by him, as will reasonably give
rise, in the opinion of the Bar Council, to an inference that he is aFemp4ng,
through the interview, to publicize his prac4ce or the prac4ce of his firm in a
manner inconsistent with these Rules.

(2) Where an Advocate and Solicitor is interviewed by the press, radio, television or
other media, he shall not allow any informa4on pertaining to himself or his firm,
except approved informa4on, to be publicized.

40
Rule 16 LP(P)R 2001. Par>cipa>on in seminars, conferences, forums, etc.

(1)  An Advocate and Solicitor may give public lectures or par4cipate in seminars,
conferences or forums and on such occasions he shall not say or do anything or cause
anything to be done which will reasonably give rise, in the opinion of the Bar Council,
to an inference that he is aFemp4ng, through the public lecture, seminar, conference
or forum to publicize his prac4ce or the prac4ce of his firm in a manner inconsistent
with these Rules.

(2) Any paper presented by an Advocate and Solicitor at any public lecture, seminar,
conference or forum under subrule (1) may-

(a) be reproduced and distributed to the par4cipants at the public lecture, seminar,
conference or forum; or

(b) be distributed in accordance with rule 12 or 13, but the paper shall not contain any
informa4on pertaining to the Advocate and Solicitor or his firm, except approved
informa4on.

41
(5) Lis>ngs in Directories

(a) The lis4ng of a firm's name and address and those of its partners
is permiFed if the directory has been approved by the Bar
Council.

Examples of approved directory: Law List, Legal Directories, legal

diaries and other directory as the Bar Council may from 4me to
4me sanc4on, in any telephone directory in Malaysia, including
that part reserved for adver4sements now currently known as
‘yellow pages’.

However, such prin4ng is subject to the following condi4ons:

(i) heavy black print and bold lis4ngs are not permiFed. – this is
not to give undue prominence to the name printed;

(ii) the lis4ng of an advocate and solicitor in a phone-in service is

prohibited.
42
(b) The approved directories:

•  'American Bank AForneys' provided no informa4on is given rela4ng to clients or
poten4al clients, any 'associa4on' with interna4onal law firms or personal par4culars of
members of the firm
•  IP Asia Directory
•  Law Society's Directory of Solicitors and Barristers
•  Mar4ndale Hubbel Law Directory
•  'Yellow Pages' provided the names of partners and legal assistants, areas of prac4ce
and contact par4culars are of standard size, and no logos, boxes or decora4ve borders
are used.
•  Trade Index of Malaysia
•  Telex and Telefax Directory (no bold lis4ngs allowed)
•  Pacific Rim Advisory Council Directory
•  BuFerworth Interna4onal law Directory
•  Malaysian Inventors and Designers Society's newsleFer (names of members only
without the descrip4on 'Advocates and Solicitors')
•  Editorial boards of European publica4ons and
•  Asia Pacific Legal 500.
Note: Paralegals 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)

43
5.11. Persons not Advocates and Solicitors not to
be listed

No employee, agent, pupil or para-legal
personnel who is not an Advocate and Solicitor
shall be listed in the adver4sement of an
Advocate and Solicitor or his/her law firm in any
Approved Publica4on.

44
6)  Souvenirs
(a)  Calendars
The name of an advocate and solicitor and his firm shall not be printed on any calendar
or gree4ng card which contains a calendar.

(b) Gree4ng cards
See s.17 Legal Profession Publicity Rules 1997

Rule 17 LP (P) R 2001. Gree4ng card.

(1) An Advocate and Solicitor may on any special occasion send gree4ng cards to-
(a)  any person who is his or his firm's client; or
(b) any person with whom he has professional dealings.

(2) The gree4ng card referred to in sub-rule (1) may, apart from the message of the
gree4ng, contain approved informa4on.

(3) No Advocate and Solicitor shall send gree4ngs to anyone for any occasion by publishing
the gree4ngs in any form in any newspaper, journal or other publica4on.

45
(7) Use of Other Descrip>ons
(a) Patent agent cum advocate and solicitor
A patent agent who is also an advocate and solicitor may adver4se in his capacity as a patent agent
in any publica4on provided he does not use the words 'advocate and solicitor'
A patent agent who is also an advocate and solicitor may describe himself in both capaci4es in his
name card.

(8) Booklets, Brochures and NewslePers
(a) PublicaEon by law firm
An advocate and solicitor shall not send a general bulle4n on changes in the law to clients. However,
an advocate and solicitor may draw aFen4on to a par4cular client or class of par4cular clients to
recent decisions or amendments which may affect them.
(See also ss.12 & 13 Legal Profession Publicity Rules 1997)
(b) PublicaEon by client - limitaEons
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.
An advocate and solicitor may be described as the vendor's solicitor by name and address in a
housing developer's brochure rela4ng to a housing estate, provided undue prominence is not given
to the same.

Rule 6 LP(P)R 2001. Area of prac>ce
Any publicity rela4ng to the prac4ce of an Advocate and Solicitor or his firm may state the area of
prac4ce engaged in by the Advocate and Solicitor or his firm.

46
Rule 18 LP (P) R 2001. Client's publicity

(1)  Subject to sub-rule (2), no Advocate and Solicitor shall permit or allow his prac4ce
or the prac4ce of his firm to be publicized through the publicity of any person who
is his or his firm's client.

(2)  An Advocate and Solicitor or his firm may be named in-

(a) the prospectus or annual report of a company who is a client of the Advocate
and Solicitor or his firm; or
(b) such other documents prepared by the client of the Advocate and Solicitor or
his firm that have been approved in wri4ng by the Bar Council.

(2a) No Advocate and Solicitor or his firm shall adver4se or endorse the goods,
products, projects of or services provided by any person whether or not such
person is his client.

(3) Where an Advocate and Solicitor places an adver4sement in any newspaper,
journal or other publica4on on behalf of a person who is his or his firm's client,
that adver4sement shall not contain any informa4on pertaining to the Advocate
and Solicitor or his firm, except-
(a) the name of the Advocate and Solicitor; and
(b) the name, address and telecommunica4on numbers of his firm.
47
Rule 19 LP(P)R 2001 - Documents rela>ng to property transac>on

(1) Where an Advocate and Solicitor, who is ac4ng for any person
who is a party to a transac4on for the sale and purchase or transfer
of property, prepares for the use of that person any document in
rela4on to the transac4on which will be available for inspec4on by
the public, that document shall not contain any informa4on
pertaining to the Advocate and Solicitor or his firm, except-
(a)  the name of the Advocate and Solicitor; and
(b)  the name, address and telecommunica4on numbers of his
firm.

(2) No Advocate and Solicitor or his firm shall permit or allow his
name or the name of his firm to appear in any brochure, leaflet,
pamphlet or any other document prepared by a property developer
for the purpose of adver4sing projects developed by it.
48
Rule 20 LP(P)R 2001 - Books, etc., wriPen by Advocate and
Solicitor

Where an Advocate and Solicitor has wriFen or
contributed to the wri4ng:

(a)  of a book which is intended to be published; or
(b)  of a leFer or an ar4cle which is intended to be
published in any newspaper, journal or other
publica4on,

no informa4on pertaining to the Advocate and Solicitor
or his firm may be stated in the book, newspaper, journal
or other publica4on, except approved informa4on.
49
Rule 22 LP(P)R 2001 - Free legal advice

(1)  An Advocate and Solicitor may give free legal advice to a person at a legal aid
clinic, whether set up by the Bar Council or otherwise, with a view to
providing legal assistance to members of the public, but the Advocate and
Solicitor shall not-

(a)  disclose the name of his firm;
(b)  distribute any of his business cards or any brochure, leaflet, pamphlet,
journal, magazine or newsleFer rela4ng to his prac4ce or the prac4ce of
his firm; or
(c)  act for a person to whom he has given such free legal advice.

(2) An Advocate and Solicitor may give free legal advice to the public or any
sec4on of the public by contribu4ng an ar4cle or leFer for publica4on in any
newspaper, journal or other publica4on, but he shall not permit any
informa4on pertaining to himself or his firm, except that of his name and the
fact that he is an Advocate and Solicitor, to be stated in the ar4cle or leFer, or
to be published in the newspaper, journal or other publica4on in which the
ar4cle or leFer is published.
50
Rule 23 LP(P)R 2001 - Publicity outside Malaysia

(1) An Advocate and Solicitor may publicize his prac4ce or the prac4ce of his firm
in any country outside Malaysia but the publicity shall not-

(a)  be conducted in a manner that is contrary to the laws of that country;
(b)  be conducted in a manner that will be likely to diminish the confidence of
the public in that country as regards the legal profession of Malaysia, or
to otherwise bring the legal profession of Malaysia into disrepute;
(c)  be published in any newspaper, journal or other publica4on in circula4on
in that country, where such newspaper, journal or other publica4on is
also widely circulated in Malaysia; or
(d)  be published in any edi4on of any newspaper, journal or other
publica4on origina4ng from that country, where such edi4on is published
specifically for circula4on to the public in Malaysia.

51
2) For the purposes of paragraph (1)(c), in determining whether any newspaper,
journal or other publica4on in circula4on in a country outside Malaysia is also
widely circulated in Malaysia, the factors to be considered by the Bar Council
may include-

(a)  the availability of the newspaper, journal or other publica4on in
bookshops and newspaper stands in Malaysia;
(b)  the method by which the newspaper, journal or other publica4on is
circulated in Malaysia;
(c)  the number of copies of the newspaper, journal or other publica4on
circulated in Malaysia; and
(d)  the level of marke4ng involved in the circula4on of the newspaper, journal
or other publica4on in Malaysia.

(3) An Advocate and Solicitor who has publicized his prac4ce or the prac4ce of his
firm in a country outside Malaysia shall cause a copy of the publicity to be kept
at his principal place of business for a period of at least 12 months from the
date of its publica4on, and shall, upon being requested to do so by the Bar
Council, produce a copy of the publicity to the Bar Council for inspec4on within
the 4me as specified by the Bar Council.
52
Rule 24 LP(P)R 2001 - Responsibility of Advocate and Solicitor in rela>on to publicity
concerning him

(1)  An Advocate and Solicitor shall be responsible, in so far as it is or should be within his
control, to ensure that any publicity rela4ng to his prac4ce or the prac4ce of his firm is
done in accordance with these Rules, whether such publicity is done by him, his
employee or any other person on his behalf.

(2)  Where an Advocate and Solicitor becomes aware of any impropriety in any publicity
rela4ng to his prac4ce or the prac4ce of his firm, he shall be responsible, in so far as it
is or should be within his control, to use his best endeavours to rec4fy or withdraw the
publicity, and he shall at all 4mes ensure that the Bar Council is informed in wri4ng as
regards such maFer.

(3)  Where it appears to the Bar Council that any publicity rela4ng to the prac4se of an
Advocate and Solicitor or his firm is contrary to these Rules, it may, without prejudice
to its powers under the Act, a<er making due inquiry regarding the publicity, order the
Advocate and Solicitor or his firm, or both to alter, modify, withdraw, remove or
discon4nue the publicity.

The responsibility of an Advocate and Solicitor under this rule shall not be delegable.
53
(9) Developer's Signboard

The name of an advocate and solicitor or his firm shall not be permiFed on a developer's
signboard, whether placed at the development site or elsewhere.
Hence, advocate and solicitor’s name may appear in housing developer’s brochure , the
same shall not appear in the laFer’s signboard.

(10) Company or Corpora>on

The name of an advocate and solicitor may be printed on the leFerhead and sta4onery of
a company or corpora4on, provided that if he is in prac4ce, he may not be described
thereon as an advocate and solicitor.

(11) Home Page or Web Site for Law Firm

Bar Council Rulings 1977 expressly prohibited law firms from maintaining a homepage on
the internet or to maintain a website as this would amount to an indirect adver4sement.
However, with the coming into force of the Legal Profession (Publicity) Rules 2001 this
prac4ce is allowed.

54
Rule 21 - Publicity through the electronic media.

(1)  Any publicity placed in, stored in or transmiFed
through the electronic media must be done in such
manner as determined by the Bar Council.

(2) The publicity shall not contain any informa4on
pertaining to the Advocate and Solicitor or his
firm, except approved informa4on.

55
(3) Publica>on of No>ces - Press no>ces in na>onal and/or local newspaper

(a)  Any no4ces placed in a na4onal or local newspaper must, in the case of
subparagraphs (b) below, comply with the following condi4ons and in other cases
shall be no larger or no more prominent than circumstances require:
size: not larger than 15cm x 10cm and
dura4on: not exceeding 4 days.

(b) Circumstances where press publica4on is permiFed

Change in composi4on of firm, e.g. upon re4rement of a partner or dissolu4on 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

Where there is no sales agent ac4ng, in which case an advocate and solicitor may, on the
instruc4ons of his client, adver4se specified proper4es for sales over his name and
descrip4on as an advocate and solicitor and

In a legal no4ce which is placed on a client's behalf, in which case the no4ce can contain
name and address of solicitor.

56
(c) Circumstances where press publica4on is not permiFed

An advocate and solicitor may not publish a no4ce under Para E(3)(b) in any of the
following circumstances:
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
adver4sement rela4ng to a housing estate.
Where a congratulatory message to a person or company is published, the name of a firm
should not be published even though the descrip4on 'advocates and solicitors' is not
men4oned.

(d) Public no4ces

An advocate and solicitor's name may appear as an aFes4ng witness to bona fide public
no4ces, but it is the responsibility of the advocate and solicitor concerned to ensure that
the publica4on conforms to substance and form consistent with formal legal no4ces, and
not such as to cons4tute an adver4sement for himself or his firm.

57
5.07 - Solicitors not to be present at developer’s launch/promo>onal sites or
booking/sales/registra>on offices as Solicitors

Solicitors shall not be present by themselves as Solicitors or be represented by their pupil(s) or
clerk(s) at the launch/promo4onal sites or booking/sales/registra4on offices [“Site(s)”] of any
property developers, including and not limited to housing developers under the Housing
Development (Control and Licensing) Act 1966 where units are sold or offered for sale unless:
(a)  the Solicitors:
(i)  are ac4ng for the developer in the sale of the units under and pursuant to wriFen retainer(s)
from the developer; and
(ii) shall have displayed at a conspicuous part of the Site(s) easily visible to the public aFending
at such Site(s), a no4ce measuring 45cm by 75cm making known to the public that the
Solicitors are ac4ng for the developer in the sale of the units; and
(iii) shall no4fy the purchaser(s) of their right to appoint their own Solicitors to act for them in
their purchase of the unit(s) as Solicitors are not permiFed to act for the purchaser(s); and
(iv) shall not, under any circumstances act for the purchaser.
OR
(b) the Solicitors are requested to accompany their purchaser client(s) under and pursuant to prior
wriFen retainer(s) from their purchaser client(s)

5.08. Solicitors not to insist on purchasers appoin>ng them

Solicitors shall not write to any purchaser to appoint them as the purchaser’s Solicitors whether on
the instruc4ons from or at the request of any property developer.
58