Legal Profession Act 1976 [Act 166]   cite [+]

ARRANGEMENT OF SECTIONS
  1. Preamble

  2. PART I   PRELIMINARY

    1. 1. Short title and commencement
    2. 2. Application
    3. 3. Interpretation
  3. PART II   LEGAL PROFESSION QUALIFYING BOARD

    1. 4. Legal Profession Qualifying Board
    2. 5. Functions of Board
    3. 6. General power of Board and power to make rules
    4. 7. Membership of Board
    5. 8. Election of acting Chairman
    6. 9. Meetings of Board and quorum
    7. Qualified Persons

    8. 10. Admission of advocates and solicitors
    9. 11. Qualifications for admission
    10. 12. Period of pupillage of qualified person
    11. 13. Exemption from period and qualification for pupillage
    12. 14. Filing of admission petition and enquiries, etc.
    13. 15. Petition for admission with affidavit
    14. 16. Filing of petition and objection
    15. 17. Entering of caveat against admission
    16. 18. Admission in special cases
    17. 19. Right of appeal by objectors
    18. Articled Clerks

    19. 20. Qualification for articled clerks
    20. 21. Conditions to be a principal and discharge of clerk
    21. 22. Discharge of clerk for unfitness
    22. 23. Discharge of clerk generally
    23. 24. Period of articles and condition of articles
    24. 25. Condition of admission of articled clerk
    25. Reviews

    26. 26. Appeal from the decision of Board to Judge
    27. Hearing of Petitions and the Roll

    28. 27. Hearing by Judge, a member of Board
  4. PART IIA   SPECIAL PROVISIONS RELATING TO ADMISSION OF ADVOCATES AND SOLICITORS

    1. 28. Roll of advocates and solicitors
    2. 28A. Attorney General's power to issue Special Admission Certificates
    3. 28B. Admission and enrolment as an advocate and solicitor of a person issued with a Special Admission Certificate
    4. 28C. Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part
    5. 28D. Power of Attorney General to make orders
    6. 28E. Provisions of this Part to prevail
  5. PART III   PRACTISING CERTIFICATES

    1. 29. Advocate and solicitor to make declaration yearly
    2. 30. Disqualification for practising certificate
    3. 31. Register of Practitioners
    4. 32. Issue of Sijil Annual
    5. 33. Issue of Sijil Annual in certain conditions
    6. 34. Applicant to apply to Court
  6. PART IV   PRIVILEGES OF ADVOCATES AND SOLICITORS

    1. 35. Right of advocate and solicitor
    2. 36. Advocate and solicitor to have name on the Roll before practice
    3. 37. No unauthorized person to act as advocate and solicitor
    4. 38. Certain persons can act as advocate and solicitor
    5. 39. Instrument and document to be endorsed
    6. 40. No cost payable to unauthorized person
  7. PART V   MALAYSIAN BAR

    1. 41. Establishment of Malaysian Bar
    2. 42. Object and powers of the Bar
    3. Members of the Malaysian Bar and Subscriptions

    4. 43. Advocate and solicitors members of the Bar
    5. 44. Eligibility of a member
    6. 45. Disqualification of a member
    7. 46. Annual subscription
    8. Disqualification for Membership of Bar Council, Bar Committee, etc.

    9. 46A. Disqualification for membership of the Bar Council, a Bar Committee, or of any committee thereof
    10. The Bar Council

    11. 47. Establishment of Bar Council
    12. 48. Period of holding office
    13. Election of Members of the Bar Council Members

    14. 49. Election of Bar Council Members
    15. 50. Annual election of Bar Council
    16. 51. When election deemed to be election
    17. 52. Bar Council when constituted
    18. 53. Casual vacancy to be filled by qualified person
    19. Officers

    20. 54. President, Vice-President and Secretary of the Bar
    21. 55. When a member of the Council to vacate office
    22. Powers of the Council

    23. 56. Powers and acts of Bar Council
    24. 57. Specific powers of the Bar Council
    25. 58. Appointment of Committees
    26. 59. Rights to inspect file and copies of proceedings in bankruptcy
    27. 60. Power of Bar Council to accept gifts
    28. 61. Representation in court
    29. Proceedings of the Bar Council

    30. 62. Meeting of the Council
    31. 63. Expenses of members
    32. General Meeting of the Malaysian Bar

    33. 64. Annual general meetings
    34. 65. Extraordinary General Meetings
    35. 66. Voting
    36. 67. (Deleted)
    37. State Bar Committee

    38. 68. Combined Bar - State Bar Committee
    39. 69. Combination of members as State Bar
    40. 70. Annual general meeting of State Bar
    41. 70A. Extraordinary General Meeting of State Bar
    42. 71. Severance of combined Bar
    43. 72. Meeting of the State Bar Committee
    44. 73. Powers of the State Bar Committee
    45. 74. Fees not allowed to State Bar Committee
    46. 75. Casual vacancy
    47. General

    48. 76. Names of Council members to be published and secrecy in proceedings
  8. PART VI   PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

    1. 77. Power to make rules regulating practice, etc.
    2. 78. Power to make particular rules
    3. 78A. Power to make rules on professional indemnity
    4. 79. Advocate and solicitor to deliver accountant's report
    5. Compensation Fund

    6. 80. Compensation Fund
    7. 81. Advocate and solicitor shall not act as commissioner or notary without certificate
    8. 82. Advocate wilfully and knowingly acting as agent
    9. 83. Advocate and solicitor not to employ undischarged bankrupt
    10. 84. Advocate and solicitor acting for developer not to act for purchaser in housing development
    11. 85. Registrar to maintain register of firm names
    12. 86. Where solicitor and client relationship exists
    13. 87. Where money is due from advocate and solicitor to the client
    14. Control of Property

    15. 88. Guilty advocate and solicitor, etc.
    16. 88A. Suspension of advocate and solicitor
    17. 89. Taking of possession of documents in the possession of advocate and solicitor
    18. 90. Taking of possession of property in Counsel's possession when he is undischarged bankrupt, etc.
    19. 91. Personal representative liable for acts of advocate and solicitor
    20. 92. Bar Council to operate bank account of deceased solicitors' client
  9. PART VII   DISCIPLINARY PROCEEDINGS

    1. 93. Disciplinary Board
    2. 94. Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc.
    3. 95. Disciplinary Committee Panel
    4. 96. Appointment of Disciplinary Committee Panel
    5. 97. (Deleted)
    6. 98. Director and staff of the Complaints Secretariat
    7. 99. Complaint against advocate and solicitor or pupil
    8. 100. Investigation of complaints
    9. 101. (Deleted)
    10. 102. (Deleted)
    11. 103. Disciplinary Board's power to order fine
    12. 103A. Appointment of Disciplinary Committee
    13. 103B. Investigation by the Disciplinary Committee
    14. 103C. Findings of the Disciplinary Committee
    15. 103D. Consideration by the Disciplinary Board of the report of the Disciplinary Committee
    16. 103E. Appeal from the decision of the Disciplinary Board
    17. 103F. Power to make rules
    18. 103G. (Deleted)
    19. 103H. Establishment of Discipline Fund
    20. 103I. Payment of fees, fine, costs, etc., into Discipline Fund
    21. 103J. Power to make rules
    22. 104. (Deleted)
    23. 105. Advocate and solicitor may apply to remove his name from the Roll
    24. 106. Bar Council to give Registrar notice of order adverse to advocate and solicitor
    25. 107. High Court may restore an advocate and solicitor
    26. 108. Costs for proceedings under this Part
    27. 109. If person inquired fails to attend
    28. 110. Publication and document presumed evidence of facts therein stated
    29. 111. No action against Disciplinary Committee, etc. for act done
  10. PART VIII   REMUNERATION OF ADVOCATES AND SOLICITORS

    1. 112. No advocate and solicitor to purchase interest of client
    2. 113. The Solicitors Costs Committee
    3. 114. Advocate and solicitor may make agreement for remuneration from client
    4. 115. Advocate and solicitor entitled to costs of negotiation of mortgagor
    5. Contentious Business

    6. 116. Advocate and solicitor may enter agreement for costing contentious business
    7. 117. Costs recoverable from client by other person not attested
    8. 118. Enforcement of agreements
    9. 119. Any party may set aside agreement of deceased advocate and solicitor not performed
    10. 120. Where client changes counsel before agreement performed
    11. 121. Where remuneration of advocate and solicitor not subject of agreement
  11. PART IX   RECOVERY AND TAXATION OF COSTS

    1. 122. Advocate and solicitor defined
    2. 123. Advocate and solicitor entitled to charge on property for costs
    3. 124. No advocate and solicitor to sue for costs until delivery of bill of cost
    4. 125. Power of court to authorize solicitor to commence action
    5. 126. An order for taxation of costs to be made within 6 months of delivery of bill of costs
    6. 127. The cost of obtaining an order for taxation
    7. 128. Order for taxation of advocate and solicitor's bill on notice given
    8. 129. Petition by party liable for a bill of costs
    9. 130. Order for delivery of solicitor's bill of costs by way of petition
    10. 131. Court may order advocate and solicitor to deliver copy of bill to applicant
    11. 132. Bill of costs to follow Rules of court
    12. 133. Registrar may allow interest on money disbursed by counsel
    13. 134. Costs of order of taxation payable by solicitors
    14. 135. Certificate of taxing officer final
    15. 136. Right of Government to costs unaffected
  12. PART X   MISCELLANEOUS

    1. 137. Board and Bar to maintain an office
    2. 138. Document to be served may be sent by post
    3. 139. Bar Council or Malaysian Bar to recover sum of money
    4. 140. Fees to be prescribed by Rules Committee
    5. 141. Bank not bound to take notice of right against the account of advocate and solicitor
    6. 142. No estate duty payable for bequest to the Bar
  13. PART XI   TRANSITIONAL PROVISIONS

    1. 143. Definition
    2. 144. Nomination of members of Board
    3. 145. Registrar to transfer to the Roll the names of advocates and solicitors
    4. 146. Definition
    5. 147. Certificate issued under section 26 deemed practising certificate
    6. 148. Bar Council and Committee holding office at the date of coming into force of this Act
    7. 149. Assets and property of Bar Council and Local Bar
    8. 150. Saving
    9. 151. Provisions of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until General orders made under the Act
  14. PART XII   REPEAL

    1. 152. Repeal
  1. SCHEDULE



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