The Advocates’

(Practice & Etiquette Rules) 1988

A Briefing By
Khairil Azmi Bin Mohamad Hasbie
(Slides by )

Advocates (Practice & Etiquette) Ru

les 1988
In A Nutshell
 Introduced in 1988 taking effect 1 December
1988.
 64 Rules that regulate the conduct of an

advocate INSIDE and OUTSIDE Court.

 Rule 64: Failure to comply with the Rules

shall allow any person to make a complaint to

the Inquiry Committee and be subject to
disciplinary action.

Advocates (Practice & Etiquette) Rules 1988

Rule 2
 No advocate obliged to act as an adviser or advocate
for every person who may wish to become his client
but the advocate may accept any brief in the courts in
which he professes to practice at a proper professional
fee dependent on the length and difficulty of the case
PROVIDED that special circumstances may justify his
refusal, at his discretion, to accept a particular brief.

Advocates (Practice & Etiquette) Ru

les 1988
Exceptions to Rule 2
 Rules 3 to 6 cover situations where an advocate shall
not accept a brief.

Advocates (Practice & Etiquette) Ru

les 1988
Rule 3
 You shall not accept a brief where it would cause you
embarrassment.
 “Embarrassment” –

◦ Where you are in possession of confidential information

because you have previously advised another person in regard
to the same matter.
◦ Where there is some personal relationship between him and a
party or witness in the proceedings.

Advocates (Practice & Etiquette) Ru

les 1988
Rule 4
 You shall not accept a brief if you know or have reason
to believe that your own professional conduct is likely
to be impugned.

Advocates (Practice & Etiquette) Ru

les 1988
Rule 5
 You shall not accept a brief where such acceptance
makes it difficult for you to maintain your professional
independence or is incompatible with the best interest
of the administration of justice.

Advocates (Practice & Etiquette) Ru

les 1988
Rule 6
 You shall not accept a brief unless you are reasonably
certain that of being able to appear and represent the
client on the required day.

Advocates (Practice & Etiquette) Ru

les 1988
The Cab-Rank Rule

 How does the Cab Rank Rule fit into all this?

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Inside Court
Rules 12 to 30
 Rule 12 – you cannot conduct your case with the
intention to delay proceedings or harass or injure
opposite party.
 Rule 13 – you cannot be used by your client to ask

questions that insult or annoy.

 Rule 14 – If not relevant, attacking one’s character is

not allowed UNLESS the imputation is well-founded or

true.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Inside Court
Rules 12 to 30
 Rules 15, 16 and 17 – Your attitude towards the Court.
 Rule 18 – Your attitude towards a fellow counsel.
 Rule 19 – When opening a case, you must not refer to

facts that you are not able to prove.

 Rule 20 – Duty to the Court – must bring to Court’s

attention any binding authority that may be in favour or

even if against own case especially in ex parte
applications.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Inside Court
Rules 12 to 30
 Rule 21 – Improper conduct in Court
◦ “misquoting contents of a paper, testimony of a
witness, arguments of opposing counsel”; “citing
decisions that have been overruled”.
◦ asserting facts that have not been proven.
 Rule 22 – After trial is concluded and pending
judgment, must bring to Court’s attention a
proposition of law or judgment which is
directly in point.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Inside Court
Rules 12 to 30
 Rule 24 – Be ready for trial on the day fixed. Only
postpone if there are good and cogent reasons.
 Rule 27 – You cannot be involved in any matter that

you may be monetarily interested.

 Rule 30 – You cannot wear your robes if you are

representing yourself or are in the witness box.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
Rules 37 - 54
 Rule 37 – When writing for the press, you cannot
describe yourself as an advocate unless you are writing
in your professional capacity.
 Rule 39 – To give lectures/talks you must have consent

from the CJSS if you want to describe yourself as an

advocate.
 Rule 40 – You cannot stand as a surety for your client

for the purpose of any legal proceedings.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
Rules 37 - 54
 Rule 42 – You cannot communicate with the other
party unless you have the consent of that party’s
advocate.
 Rule 44 – You cannot actively carry on any trade which

is declared by the CJSS as unsuitable for an advocate to

be connected to.
 Rule 45 – As an advocate you cannot solicit work or

advertise.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
Rules 37 - 54
 Rule 45: You shall not solicit work or advertise either
directly or indirectly, whether by circular,
advertisements, touts, personal communications,
interviews, furnishing or inspiring newspaper
comments or getting your photographs to be published
in connection with cases you are involved in.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
Rules 37 - 54
 Rule 45(3) –
 No advocate shall display a name plate bigger than the

prescribed dimensions or work specialisation.

 Rule 46 –
 No personal advertisement.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
Rules 37 - 54
 Rule 47 – You cannot give an interview to the press
concerning your life, practice and earnings.
 Rule 50 – You cannot advertise address or address of

firm in any book, pamphlet or newspapers, or

publication concerning your profession and practice
unless it is in the law list (directory) and with the
consent of the CJSS.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
Rules 37 - 56
 Rule 52 – You cannot divide or agree to divide your
costs or profit with any unqualified persons.
 Rule 54 – You cannot appear for a party who is

represented by another advocate unless exceptions to

the rule are satisfied.
 Rule 55 – You cannot withhold your clients’ papers

except if to secure your first to a lien.

Advocates (Practice & Etiquette) Ru

les 1988
Your Conduct Outside Court
 Rule 56: If you know another party is represented by
an advocate, you cannot simply enter Judgment in
Default against that advocate’s client.
◦ You cannot take advantage of delay in pleading or filing
documents in the nature of pleadings or in taking necessary
steps or complying with any order in the proceedings by that
advocate unless you have first given 48 hours written notice to
that other advocate.

Advocates (Practice & Etiquette) Ru

les 1988
Rule 64
 If an advocate fails to comply with any provision of
these Rules, any person may make a complaint in
respect of that failure to the Inquiry Committee.

Advocates (Practice & Etiquette) Ru

les 1988