I REFER to the letter from S.M. Idris of the Consumers Association of Penang on
lawyers' bills ("Watch out for that unnecessary charge" -- NST, June 25).
The Bar Council Malaysia agrees with CAP that a property
seller or buyer who has engaged a solicitor to handle the sale should ask the
solicitor to provide details of the charges incurred for the transaction.
In particular, the solicitor is required to itemise the disbursements incurred
by him for and on behalf of the client.
For example, the scale fees include charges for normal copying and stationery.
If a client is charged an additional sum for copying, stationery or printing,
the client is entitled to ask the solicitor for an explanation as to how these
additional charges were incurred.
Scale fees also include allowances for the solicitor and his clerk's time and
all usual and necessary attendances.
Hence, if an additional travelling allowance has been charged, the client is
entitled to know how this was incurred and to whom it was paid.
Miscellaneous charges, which is an item usually appearing in a solicitor's bill,
should not exceed RM50 for property transactions.
If the solicitor has itemised all charges incurred by him, then there should be
no more miscellaneous charges.
After the transaction has been completed, the client is entitled to ask the
solicitor for an account of actual disbursements incurred for and on behalf of
the client.
The solicitor is required to return all unused disbursements to the client.
The Bar Council is constantly making efforts to inform the public on such
matters and has from time to time published in the media and its website
articles on transactions involved in property dealings.
Lastly, any member of the public who feels that he has been overcharged by a
solicitor on a property transaction may refer the matter to the Bar Council's
Conveyancing Practice Committee at No. 13, 15 & 17, Leboh Pasar Besar, 50050
Kuala Lumpur. They can also call 03 2031 3003 or fax 03 2034 2825.
The Bar Council has also specially installed a hotline for any person to lodge a
complaint against a solicitor who does not adhere to the Solicitors'
Remuneration Order 2005. The number of the hotline is 03 2031 9943.
Since January 2005, the Bar Council has required every legal firm to file a
return of fees and disbursements received by the firm for property transactions.
Such returns are required to be filed with the Bar Council on an annual basis
and transactions to be reported are for a specified period.
If any overcharging of fees or disbursements is detected from a scrutiny of
these returns by the secretariat or members of the SRO Enforcement Committee,
the solicitor will be directed to refund the overcharged amount to the client,
failing which the solicitor will be referred for disciplinary action.
Random checks are conducted from time to time whenever the Bar Council receives
more than one complaint against a solicitor.
If the statutory declaration is a necessary document for the completion of a
transaction, the solicitor is not entitled to charge an additional fee for
preparation of the statutory declaration.
If it is not a necessary document, it will be considered extra work for which
the solicitor shall be entitled to charge an additional fee.
Here again, if any member of the public wishes to know whether a solicitor is
entitled to charge for preparation of any document relating to a property
transaction, he may refer the matter to the Bar Council.
Attend to the greater needs of the greater Malaysians written by Tan Peek Guat,
Wednesday, July 02 2008 05:33 pm
S.M. IDRIS of the Consumers' Association of Penang needs to do more for the general public / consumers.
The majority of consumers have been unfairly treated by the Water and Electricity supply boards, and yet, what has he done to alleviate their sufferings?
Can S.M. IDRIS also assist the public with regards to the 'extra' and unfair payment / charges of the INDAH WATER CONSORTIUM introduced during the Mahathir era? Is it not time now for that charge to be deleted? The assessment paid upon the properties ought to be able to finance this INDAH WATER CHARGES AS WELL - just as it had been during the time when the JKR was in charge of such refuse.
S.M. IDRIS ought not allow himself to continue assuming his reign over Malaysian 'consumerism' without paying heed to the above and other 'groaning' of the greater Malaysian consumers.
One other example is, the Water board supplies rusty and dirty water to consumers, thereby causing bacterial growth on our bodies and the resultant itchy skin/body after a bath of such dirty water. Why not suggest that the Water board be allowed to be sued by the Malaysian public for such an irresponsible act?
Also, the majority of Malaysians today are suffering from the ill-effects caused by the many poisons added as additives to the prepared foods sold at restaurants and the road-side markets these days - to the extent that many Malaysians are now suffering from various serious diseases and getting themselves hospitalized ! Is S.M. IDRIS sleeping over such other more important issues and causes for complaints?
Does he know or not, that the TNB now requires the minimum deposits for the supply of electricity to be in the region of between RM500/= to RM1,000/= per household for a single account to be opened - when compared to the former minimum deposit of only RM30/= in those same areas? Why should this be allowed - that the Electricity Board can thrash the consumers as and when they like ?
Why then go after the lawyers? Lawyers who do little or no litigation matters are already suffering and are finding it hard to make ends meet. Even the Legal Profession Committee have suggested in the Annual Report last year that Lawyers are now allowed to be Foot Reflexologists, Unit Trust sellers, and some other unrelated occupations.
Furthermore, not many people among our public do really buy/sell properties. Even if they do, it happens only on rare occasions in their life-time. The consumers in this region is negligible when compared to the greater needs of the greater Malaysians for a CONSUMER ASSOCIATION.
So, please look into the greater grievances suffered by the greater Malaysians; otherwise, they will be ‘cursing’ at the Association - even as their sufferings are multiplied!
Take the heavier burdens off our Malaysian shoulders, and defend the majority of consumers among Malaysians! After all, it was for this main purpose that the Association was formed.
Do assess your own performance and tell yourself if it is now time for you to vacate your position and allow a more dynamic and concerned person to replace you, S.M. IDRIS.
Tan Peek Guat
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S.M. IDRIS of the Consumers' Association of Penang needs to do more for the general public / consumers.
The majority of consumers have been unfairly treated by the Water and Electricity supply boards, and yet, what has he done to alleviate their sufferings?
Can S.M. IDRIS also assist the public with regards to the 'extra' and unfair payment / charges of the INDAH WATER CONSORTIUM introduced during the Mahathir era? Is it not time now for that charge to be deleted? The assessment paid upon the properties ought to be able to finance this INDAH WATER CHARGES AS WELL - just as it had been during the time when the JKR was in charge of such refuse.
S.M. IDRIS ought not allow himself to continue assuming his reign over Malaysian 'consumerism' without paying heed to the above and other 'groaning' of the greater Malaysian consumers.
One other example is, the Water board supplies rusty and dirty water to consumers, thereby causing bacterial growth on our bodies and the resultant itchy skin/body after a bath of such dirty water. Why not suggest that the Water board be allowed to be sued by the Malaysian public for such an irresponsible act?
Also, the majority of Malaysians today are suffering from the ill-effects caused by the many poisons added as additives to the prepared foods sold at restaurants and the road-side markets these days - to the extent that many Malaysians are now suffering from various serious diseases and getting themselves hospitalized ! Is S.M. IDRIS sleeping over such other more important issues and causes for complaints?
Does he know or not, that the TNB now requires the minimum deposits for the supply of electricity to be in the region of between RM500/= to RM1,000/= per household for a single account to be opened - when compared to the former minimum deposit of only RM30/= in those same areas? Why should this be allowed - that the Electricity Board can thrash the consumers as and when they like ?
Why then go after the lawyers? Lawyers who do little or no litigation matters are already suffering and are finding it hard to make ends meet. Even the Legal Profession Committee have suggested in the Annual Report last year that Lawyers are now allowed to be Foot Reflexologists, Unit Trust sellers, and some other unrelated occupations.
Furthermore, not many people among our public do really buy/sell properties. Even if they do, it happens only on rare occasions in their life-time. The consumers in this region is negligible when compared to the greater needs of the greater Malaysians for a CONSUMER ASSOCIATION.
So, please look into the greater grievances suffered by the greater Malaysians; otherwise, they will be ‘cursing’ at the Association - even as their sufferings are multiplied!
Take the heavier burdens off our Malaysian shoulders, and defend the majority of consumers among Malaysians! After all, it was for this main purpose that the Association was formed.
Do assess your own performance and tell yourself if it is now time for you to vacate your position and allow a more dynamic and concerned person to replace you, S.M. IDRIS.
Tan Peek Guat