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The Legal Profession, Exam focus
Disciplinary action
Foreign lawyers …
The Legal Profession
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The Legal Profession
- The term 'legal profession' is usually used to distinguish practicing lawyers from other legally trained persons who do not practice law but work
- But, the English legal profession is historically divided in 2 separate branches:
- barristers - specialise in litigation
- solicitors - traditionally don't appear in court)
- In Malaysia, it is fused. A legal practitioner is both an advocate and a solicitor
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Disciplinary Proceedings
S.99 - Disciplinary Proceedings against Advocates / Solicitors can be done in 3 ways:
- Where the Disciplinary Board received a written complaint regarding conduct of any advocate / solicitor
- Where any court, judicial officer of the subordinate court or a judge complaint against the same to the Board
- Where the Bar Council / State Bar Committee makes a complaint of its own motion against the same to the Board
S.99(3A) - limitation period of a complaint is 6 years from the date right of action to complaint was known:
- If complaint is based on fraudulent act/omission; or he right to complaint is concealed through fraud, the 6 years only begins the day the fraud is found or should've been found
Disciplinary Committee:
- A DC is appointed from the Disciplinary Committee Panel - S.96 LPA 1976
- The DC consists of 2 A & S and 1 lay person appointed from the DC Panel - S.103A(2)
- The Panel comprises of 30 members of whom 20 are Advocates / Solicitors of no less than 10 years standing and have a valid practicing cert and 10 are lay persons
International Partnerships, qualified foreign law firms and registration of foreign lawyers:
- Inserted into the LPA via the Legal Profession (Amendment) Act 2012
S.40A - interpretation section:
- "Foreign law" - the law of any state / territory other than Malaysia
- "Foreign law firm" - a foreign law firm providing legal services in foreign law, including a corporation fully constituted to practice law / licensed to provide legal services by the appropriate law of a state of territory other than Malaysia
- "Foreign lawyer" - a person duly authorised to practice law in a state / territory other than Malaysia, and is a partner or a employee of a foreign law firm or a Malaysian law firm
- "International partnership" - a partnership / any other arrangement between a foreign law firm and a Malaysian law firm that is granted license under S.40F
Exam focus
- Disciplinary action
- Foreign lawyers
- Qualification