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Home arrow Governing Laws arrow Legal Profession Act 1976 arrow Section 38. Certain persons can act as advocate and solicitor
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Section 38. Certain persons can act as advocate and solicitor PDF Print E-mail

(1) Section 37 shall not apply to-

    (a) the Attorney-General or the Solicitor-General or any other person acting under the authority of either of them;

    (b) officers of the Public Trust Corporation, the Director General of Insolvency, Deputy Director General of Insolvency, Directors of Insolvency, Deputy Directors of Insolvency, Senior Assistant Directors of Insolvency, Assistant Directors of Insolvency and Insolvency Officers acting in the course of their duties under any law relating to their offices;

    [Subs. Act A1269:s.9]

    (ba) the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3 of the Legal Aid Act 1971 acting in the course of his duty;

    [Ins. Act A1269:s.9]

    (c) any other public officer drawing or preparing instruments in the course of his duty;

    (d) any person acting personally for himself only in any matter or proceeding to which he is a party or acting solely for a company or organization which he serves as a full time paid employee in any matter or proceeding in which the company or organization is a party, but such person shall have no right to represent the company or organization in Court or in Chambers or attest documents for the company or organization which are required to be attested by an advocate and solicitor;

[Am.. Act A367:s.6]

    (e) any bona fide and full-time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim arising out of personal injury or death relates to a risk insured by that insurance company;

    (f) any arbitrator or umpire lawfully acting under any written law relating to arbitration, settling or attempting to settle the dispute between the parties to the arbitration;

    (g) any full-time member of the academic staff of a Faculty of Law acting solely in an advisory capacity upon instructions from a practising advocate and solicitor;
     

    [Subs. Act A1269:s.9]

    (h) any accountant drawing or preparing documents in the exercise of his profession;

    (i) any proceeding before the Industrial Arbitration Court or the Syariah Court;

    (j) any person merely employed to engross any instrument or proceeding;

    (k) any approved company auditor drawing or preparing any instrument referred to in section 37(2) (c) or which he is empowered to do under any written law relating to companies;

    (l) any agent duly authorized to the satisfaction of the Registrar of Trade Marks drawing or preparing documents in any matter relating to trade marks;

    (m) any full-time employee of an advocate and solicitor drawing or preparing any document under the authority of a practising advocate and solicitor and for the purposes of his employer.  

(2) The words "document" and "instrument" in section 37 do not include a will or other testamentary documents.

[Am. Act A367:s.6]
 
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