We refer to the Bar Council’s decision to reject the application of Tun Salleh
Abas to be a consultant of a law firm.
We wish to highlight that Tun Salleh Abas as a practising lawyer enjoys the same
rights and privileges without differentiation whether as a consultant or a
partner. In connection therewith, there is no issue of any adverse consequence
on one's right to livelihood.
The purpose of the present Rule 60 of the Legal Profession (Practice and
Etiquette) Rules, 1978 is to create a separate category of lawyers in
recognition of their number of years of experience at the Malaysian Bar. The
eligibility for qualification as a consultant is either at least 20 years of
active practice at the Malaysian Bar or at least 20 years of experience,
comprising active practice of at least 10 years at the Malaysian Bar and service
as a Judge or a member of the Judicial and Legal Service. The present Rule 60 is
more liberal than its original provision.
Unfortunately, Tun Salleh Abas does not qualify under the present Rule 60
because he has been in active practice at the Malaysian Bar for less than 10
years. Tun Salleh Abas will qualify to be a consultant under Rule 60 on 24 March
2009. The Bar Council is proposing to liberalise Rule 60 further.
Rule 62 which empowers the Bar Council with the written approval of the Attorney
General, to waive any of the rules within the Legal Profession (Practice and
Etiquette) Rules, 1978, cannot be applied to any specific individual lawyer, and
if applied to waive any rule it must be applied to all.
In respect of the comments associating this issue with that of the 1988 Judicial
Crisis, the Bar Council has always spoken against the injustice caused by the
1988 Judicial Crisis. The Report of the Panel of Eminent Persons to Review the
1988 Judicial Crisis in Malaysia and its promotion of the establishment of the
Judicial Appointments Commission are a reflection of its continuous efforts to
right the wrong of that era.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.