No need for rules governing contigency fees... - 2009/06/22 14:58Contingency Fee Rules - do we really want it? I think, it may be best not to have any such rules - rather, we should be spending time in providing education for them potential clients so that they are aware of the various matters that they should consider before entering into any agreement (or contingency fees agreement...or part-contingency fee agreement).
We do need to get rid of the 'bar' on contingency fee arrangements/agreements - because it really only further prejudices the right of the poorer persons in Malaysia from prosecuting their claims. Why? No money to hire a lawyer - no money to commence litigation against normally some big company (represented by some 'big' firm).
I had a look at the proposed contigency fees rule, and I have concerns:-
1- The need to go for Mediation - what are we doing, forcing people to go to Mediation - that should be an option that they may want to consider (or not). Maybe, they may choose 'arbitration' - maybe they may choose some other means of resolving any disputes. What is this promotion of Mediation - and them lawyers who have gone through the Bar's Mediation Course that can be mediators...(Correct me if I am worng)
2- 10% of the claim if less than RM500,000-00. Wake up for most of the claims are much much lower and many many lawyers will not take the case if all they are going to get is such a small fees. Even in conveyancing, the problem is cropping up - when the poor man wants to sell his RM40,000 house to another - how many lawyers want to take up this matter? The fixed scale for the smaller claim amounts sometimes makes it very difficult for the small man..
Look at the proposed rules and make comments - but alas many a small law firm lawyers would not even have the time to be going through this website --- and making comments...
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Raymond Chu Hon Fai
User Fresh Forumer
Posts: 31
Re:No need for rules governing contigency fees... - 2009/07/20 12:16First, the standard of entry into the legal profession being an advocate & solicitor having the skills and qualification to practice in Peninsular Malaysia is wide and comes from various Commonwealth countries.
To set a fee on contingency, not only must the substantial law be uniformly 'tailored' together with the rest of our Commonwealth neighbouring countries, the first question to ask is, is there such a demand for such fee and what are the statistics ?
Secondly, how do we grade our lawyers accordingly, by rule of conscience, skills, the way fees are charged or according to the book, if there is any ?
Thirdly, our legal profession is strictly limited to Peninsular Malaysia. The Borneo states still have their protected practice that is still not open to lawyers from Peninsular Malaysia. How do we put to practice such fees across the South China Sea and not forgetting the One Malaysia concept, the sea still divides the legal profession in this fundamental area of liberty to practice ?
If there is a welcome note on how lawyers should charge their clients, I still think the rule of conscience should prevail.
Welcome and be welcomed.
Only a suggestion.
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Annou Anselm a/l Joseph Xavier
User Junior Forumer
Posts: 50
Status of Complaint Against Lingam To DB - 2009/07/24 18:22On 22.11.2007, the Malaysian Bar called for an EGM to pass a motion to form a Royal Commission to investigate into the grainy Lingam video. At that EGM, the BC informed members that a complaint has been lodged against Datuk Lingam to the DB.
On 9.5.2008, after days of hearing, the Royal Commission of Inquiry found that the person whom Datuk VK Lingam was speaking to over the phone was none other than Tun Ahmad Fairuz.
A verdict was made by the said Royal Commission.
However, on about 25.2.2009, former PM Pak Lah during parliamentary proceedings said there was insufficient evidence to charge the Lingam-gang for corruption.
As the above act of judicial-fixing has brought disrepute to our profession as a member of the Bar was video taped 'fixing' case(s) with a former CJ, could members be apprised on the status of that complaint to the DB?
Thank You
Thnaking you in anticipation.
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GEORGE VARUGHESE A/L K O VARUGHESE
User Fresh Forumer
Posts: 6
Re:Status of Complaint Against Lingam To DB - 2009/07/28 10:42Dear All,
The Bar Council (BC) on 26th September 2007 lodged a formal complaint with the Disciplinary Board (D against VK Lingam for misconduct and breach of Section 94(3) (c), (k) – specifically Rule 31 of the Legal Profession (Practice and Etiquette) Rules 1978 and/or Section 94(3) (o) of the Legal Profession Act, 1976.
The DB has set up a Disciplinary Committee (DC) to hear the complaint and the DC hearing is ongoing.
Members will be kept informed of any further development via the General Statement issued by the BC from time to time.
George Varughese Secretary Bar Council
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Raymond Chu Hon Fai
User Fresh Forumer
Posts: 31
Re: Have not received periodicals like INSAF, AD REM in 2009 - 2009/07/30 08:14Still have not received any periodicals like INSAF, AD REM for seven months in 2009 as of end of July 2009.
This periodicals should be included in the subscriptions which the Bar Council and Selangor Bar Committee collects from its members annually.
Just checked the Annual Reports for two (2) years in 2007/8 and 2008/9.
The Bar Council Annual Report 2007/8 at page 227 shows:- OFFICE EXPENSES item for newspaper and periodicals at RM4,542 but the item on postage at RM164,651.
The Bar Council Annual Report 2008/9 at page 282 shows OFFICE EXPENSES item for newspaper and periodicals at RM2,689 and the postage at RM39,137.
The Selangor Bar Committee Annual report 2007/8 at page 62 shows :- EXPENDITURE item for newspaper and periodicals at RM1,314 item for printing, postage and stationery at RM78,354.
The Selangor Bar Committee Annual Report 2008/9 at page 94 shows :- EXPENDITURE item for newspaper and periodicals at RM1,385 item for printing, postage and stationery at RM66,839.
It seems that the printing costs and publication for circulation is so much lesser compared to the cost of postages. Writing conscientiously should be encouraged for knowledge and information, not just for the sake of postage.
Writers of articles in these periodicals, I believe, are not remunerated but some reward of appreciation will be just fine.
In fact, some contributory articles from members in all 14 states in this country including Labuan will be a welcome.
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2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).
against VK Lingam for misconduct and breach of Section 94(3) (c), (k) – specifically Rule 31 of the Legal Profession (Practice and Etiquette) Rules 1978 and/or Section 94(3) (o) of the Legal Profession Act, 1976. 
Circular No 023/2012: Talk on ISO 9001 | 2008 Quality Management System Certification
