FREQUENTLY ASKED QUESTIONS

No, your complaint must be limited to only the conduct or omission to act by an advocate & solicitor in a professional capacity which amounts to grave impropriety. It includes the category of misconduct in Section 94(3) of the Legal Profession Act 1976.

This does not include for example, partnership dispute, family dispute, employment matters, pure breach of contract or friendly loan agreements or any dispute which is personal in nature.

You should lodge your complaint with the Advocates & Solicitors Disciplinary Board. We are independent of the Bar Council.

Disciplinary action is personal/individual in nature. So, you should name the particular Advocate(s) and Solicitor(s) concerned.

However if you are unable to identify the advocate and solicitor, you may name the law firm in the complaint form and we will enquire from the firm on the advocate and solicitor in charge of the subject matter of the complaint. If the advocate and solicitor is still unidentified, the complaint will be proceeded with against the sole proprietor or all the partners of the law firm at the material time.

There is nothing to stop the Advocate & Solicitor concerned from suing you. However, you need not worry about this if you have proper justification for your complaint.

If they are related to the existing subject matter of the complaint registered, you may submit the same to the Secretariat under your original Complaint No. before a final decision is made. If these new facts arise after the Disciplinary Committee has been appointed, then they should be submitted to the Disciplinary Committee.

If it’s unrelated to the existing subject matter and gives rise to a new complaint against the same advocate & solicitor, you are to lodge another complaint.

All decisions are made by the Disciplinary Board.

The Secretariat. Ordinarily, we will inform you of the Disciplinary Board’s decision e.g. that your complaint has been referred to a Disciplinary Committee or has been dismissed or if any punishment has been meted out. You may also write in by way of email or letter anytime to inquire on the status of your complaint.

The Secretariat however will not entertain any oral inquiry on complaints lodged as we will not be able to verify the identity of the caller.

See Sample

See Procedure

1. It must be in Bahasa Melayu or English.
2. Must be legible, typewritten is advisable.
3. State clearly your full name, I.C. No, address, contact no, name of lawyer representing you in your complaint (if any), the name of advocate & solicitor complained against and the name of the law firm he/she was attached to when the subject matter of the complaint arose.
4. More importantly, state the subject matter of your complaint clearly and comprehensively.
5. Please ensure your Complaint Form and Statutory Declaration is signed.
6. Submit 3 copies of your complaint form together with your Statutory Declaration and other supporting documents. Do not forget to also attach your cheque or money order of RM200.00 being the processing fee. If you deliver your complaint in person, you may pay cash.

Please note that if you fail to provide us with any of the above particulars/documents, it may result in your complaint being rejected.

Payment is to be made either by:-

• a.  Cash or instant transfer to Ambank (M) Bhd, account no. 023-201-200087-6 under the name of Bar Council-Discipline Fund; or
• b.  Cheque or postal order made payable to BAR COUNCIL-DISCIPLINE FUND.

• a) If there are no merits, the complaint will be dismissed.
• b) If there are merits, the Disciplinary Board may request the relevant Advocate and Solicitor to furnish a written explanation within a specified period and thereafter may:
  • i. deal with the complaint summarily;
  • ii. appoint a Disciplinary Committee (DC) to carry out a formal inquiry; or
  • iii. dismiss the complaint.
• Click here to see the complaint process flowchart.

This will depend on the stage of where your complaint is currently at.

Yes, you may, at any time before the Disciplinary Board makes its final decision, by a written letter of withdrawal.

You can download the withdrawal letter here and fill up the details of your complaint accordingly. Thereafter, please email the Secretariat the duly completed form.

To the Director of the Secretariat or if the Disciplinary Committee has been appointed, to the Chairman of that Disciplinary Committee.

If you withdraw your complaint, the Secretariat will forward your letter of withdrawal to the Bar Council. The Bar Council will then decide whether or not to intervene. If the Bar Council decides to intervene, it will step in as the new Complainant.

If the Bar Council decides not to intervene, no further action will be taken on the complaint, and the secretariat will proceed to close the file.

Yes, the Bar Council will usually call you to appear as their main witness, if the matter is at the Disciplinary Committee Stage.

The Disciplinary Committee comprises of : –

• (i) Two Advocates and Solicitors (one of whom shall be the chairman of DC) of not less than ten years’ standing and having valid practising certificate; and
• (ii) One lay person.
• The DC is required to : –
  (i) carry out its inquiry into the complaint within a specified period;
  (ii) make findings of fact and liability; and
  (iii) recommend penalty or punishment.

The DC is required to keep a record of the proceedings and shall submit the same to the Disciplinary Board.

Yes, you can be represented by a Counsel at your own costs.

Yes, you can at your own costs.

You may engage an interpreter for the Disciplinary Committee hearings at your own costs.

All decisions are ultimately made by the Disciplinary Board. Upon conclusion of the hearing by the Disciplinary Committee, the DC will prepare and submit its report and recommendation to the Disciplinary Board. The Board thereafter may agree or disagree with the DC Report and make its final order.

Yes, if you are not satisfied with the Disciplinary Board’s final decision whether with the whole or part of the decision, you may appeal to the High Court under Section 103E of the Legal Profession Act 1976.

The High Court. Not the Disciplinary Board.

Yes, within 1 month from the date of receipt of notification of the final decision.

It is advisable as they can assist you on points of law.

Yes, in order to obtain the documents for your appeal at the High Court, the non-refundable deposit of RM500.00 is payable within 7 days from the date of the filing of the originating motion to the High Court. The payment can be in cash or by cheque or money order payable to the “Bar Council-Discipline Fund”. The payment is to be made at the Secretariat.

This will depend on the court.

Yes, you may withdraw it at any time before your appeal is called up for hearing.

Yes. If you are not satisfied with the High Court decision, you may appeal further to the Court of Appeal and thereafter to the Federal Court. Similarly, you must also serve your cause papers on the 3 parties.

The relevant provisions or rules are Section 103E of the Legal Profession Act and the Legal Profession (Disciplinary Proceedings) (Appeal) Rules 1994.