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General Conduct - Coggle Diagram
General Conduct
R51 - TOUTING
- Shall not do/cause/allow to be done, anything for the purpose of touting directly or indirectly, or which is calculated for that purpose
R52 - SHARING
- Improper and unprofessional to
- (a)Divide costs/profits of his business with unqualified person
- (b) Pay commission, gratuity to unqualified person to procure legal business, except bonus to staff
- (c) Accept less than scale fees for non-contentious business except for some special reason where no charge at all is made
In the matter of Phool Din
- Two essential ingredients for a person to be a tout are necessary:
- (1) he must be engaged in the procurement of a legal practitioner's employment, and
- (2) in consideration ofsome remuneration moving from the legal practitioners.
- A person is not a tout if he gives gratuitous advice to a litigant to engage a particular lawyer, or gratuitously procures the employment of a lawyer.
- Every litigant should be at liberty to find out for himself as to which lawyer will render him the best service.
- The system of totuism is bound to corrupt the legal profession
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Re A Solicitor (Scott LJ)
- Touting is like advertising, fundamentally inconsistent with the interest of public and with the honour of the profession.
- Client may seek solicitor, but the solicitor shall not seek clients.
Lee Kuang Guat v Chang Woei Chien
- Due to touting agreement, Defendant (solicitor) cannot contact with the plaintiff (client), and failed to attend case management to continue the case.
- Resulting in the case being struck out.
- Although their relationship is connected by the tout, D cannot simply deny such relationship.
- OTF, D had been negligent.
Obiter: Touting, in its all form and manifestation, is prohibited by law and has grave consequences.
R44 - TRADE
- (a) Shall not actively carry on any trade declared to be unsuitable for an advocate to be engaged in by Bar Council
- (b) Shall not be a full time salaried employee of any person, firm (other than firm of advocates and solicitors), or corporation so long as he continues to practice
- shall on taking up any such employment, intimate the fact to BC and take steps to cease.
- BC Ruling 12.01- other business
- May engage with part-time business that is in the opinion of the BC not incompatible with dignity of the legal profession
- BC Ruling 12.02 - Company secretary
- Within one month becoming company secretary, shall inform BC
- Shall conduct such company secretarial work within his employment in the law firm, and the fees are paid directly to the firm
- BC Ruling 12.03 - Patent, trademark, industrial design, geographical indication agent.
Syed Mubarak bin Syed Ahmad v Majlis Peguam
- Advocate and solicitor shall exclusively practice the legal profession and not otherwise
Chee Kuat Lin v Majlis Peguam:
- Breached s30(1)(c) LPA and r44(b) as he applied for a PC when he was still a member of police force (suspended but still receiving half salary and allowance)
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R59 - BRANCH
- Branch shall be in the name of the A&S's firm
- Shall be manned by himself/ partner of his firm, advocate and solicitor employed by him
BC Rulings 7.01:
- A&S shall not open branch unless first provide the particulars in writing to BC and obtain prior written approval of BC
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R30 - ROBE
(a) No robe when appears as party/witness
(b) court martial - uniform/robes
(c) Except for ceremonial occasions, no robe in public places other than in court, or travelling to or from court.
R53 - COMMISSION
agency commission or profit costs may be allowed between advocate and solicitor and his recognised agent
R61 - LAY AGENCY
Shall not allow himself be controlled or exploited by lay agency intervening between client and himself
R26 - MISLEAD
- shall avoid mislead party not represented by counsel
BC Rulings: 14.13
- improper to make threats of criminal proceedings to recover civil debts
- may draw attention that failure to comply with statutory requirement may constitute an offence
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R43 - STIR
- shall not volunteer advice to bring action or to stir up strife and litigation
R60 - CONSULTANT
BC Rulings 3.02, 3.03, 3.04