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Contributed by Bawani J. Indran

In 1972, JSH Skrine first mooted the idea of setting up a Compensation Fund in order to compensate members of the public who suffer losses as a result of a breach of trust by an advocate and solicitor.  Members of the Bar have been paying a levy of RM100 annually since 1978 towards the Fund which translates to approximately RM1.28milion per annum (based on 12,800 members).  The Fund has been available to the public for 30 years since its existence until todate. 

The Advocates & Solicitors’ Compensation Fund is made up of annual contributions by members of the Bar and was established to protect the interest of the public. Pursuant to Section 80(8) of the Legal Profession Act 1976, a grant for compensation may be made only in respect of losses sustained arising out of the dishonesty of the said Advocates & Solicitors e.g. where the lawyer misappropriates monies belonging to the claimant which he held as a stakeholder.  

The main pre-requisite for a claim against the Advocates & Solicitors’ Compensation Fund is that the Solicitor concerned must first be struck of the Roll.  The Notice inviting claims against lawyers struck off the Roll in 2007 was advertised on the 25 & 26 April 2008 in The Star, Berita Harian, Sin Chew Jit Poh and Malaysia Nanban.  A total of (22) claims were received in respect of the (9) lawyers who were struck off the roll in 2007.

Thereafter, the Adjudication panel members comprising of Datin Isharidah Bte Datuk Ishak Tadin, Mr. Colin Andrew Pereira, Ms. Savithiri a/p S Ganesan, Mr. Inderjit Singh, Mr. Anand Ponnudurai and Mr. Arthur Wang Sze Yao @Wang Ming Way extended their invaluable assistance and time in adjudicating the 2007 claims.   

On 15 April 2009, successful claimants who filed claims against lawyers struck off the Roll in 2007 received their cheques at the Bar Council Secretariat.  The total claims made was RM1,579,081.35 of which RM1,474,853.54 was approved for compensation.  

Claimants who attended the cheque presentation ceremony were grateful that they had an alternative avenue to seek some compensation for their financial losses.  Many were remorseful and shed tears upon being presented with their cheques!  They also expressed their gratitude to the Bar for living up to its motto of service without fear or favor.

The Bar Council takes this opportunity to also extend its gratitude and appreciation to the panel members who were involved in adjudicating the 2007 claims.