The Bar Council refers to the statements by Datuk Seri Rafidah Aziz, Minister of International Trade and Industry published in the newspapers on 25 June 2002 in relation to the liberalisation of and publicity rules governing the legal profession.
The Bar Council wishes to point out that there is a marked difference between restrictions in the publicity rules governing the legal profession and the liberalisation of the profession in the context of foreign lawyers practising in Malaysia.
Rules governing publicity and advertising by lawyers are strict, commensurate with the necessity to maintain a measure of discipline and dignity in the legal profession. The Rules were in fact amended recently resulting in the gazetting of the Legal Profession Publicity Rules 2001 to allow for greater latitude in what the Bar Council views as a dynamic topic. Suggestions for changes to the Rules are received from time to time and are duly considered by the Bar Council.
As far as liberalisation is concerned, the Bar Council also wishes to point out that the restriction on entry of foreign lawyers was imposed by the Legal Profession Act 1976. Although Malaysia is a signatory of the General Agreement on Trade in Services (GATS), issues impacting the legal services sector have become topical only over the past two years. Since then, the Bar Council has, inter alia, sought the views of all Malaysian legal practitioners on the matter by conducting a national survey. Results of the 2001 survey indicated that lawyers are positive towards a move towards admission of foreign lawyers, but only on a controlled and structured basis. Accordingly, the Legal Profession Committee has been mandated by the Bar Council to carry out a more detailed study to work out guidelines and modules governing the practice of foreign lawyers in Malaysia. Ongoing consideration of the public and national interest, apart from the interest of the legal profession itself, has been essential since liberalisation will have far-reaching implications on the very quality of service lawyers will render the public. In addition, liberalisation constituted a major topic at the Malaysian Law Conference last year, where a legal adviser from the Ministry of International Trade and Industry (MITI) and Singapore lawyers were invited to address the issue. The Bar Council has also had regular meetings with representatives of MITI, the last of which was as recent as 31 May 2002. The Chairman of the Bar Council also sits on the Protem Committee of the Professional Services Development Centre, formed under the auspices of the Ministry of Works with the intention of exploring detailed approaches to liberalisation.
In the light of the above, the Bar Council is disappointed at the Minister’s view that the legal profession has been 'reluctant' in approaching the Government to discuss its 'share in the area of market openings' and implying that the Council is expecting the Government to 'do the job'. The Bar Council has, on 20 June, received an extension of the deadline from MITI for submission of its detailed proposals with a clarification from MITI that the deadline of 30 June 'is not an end date' and that the submission of proposals will be 'an ongoing process'. On that basis, the Bar Council will be submitting its proposals to the Government in due course, but does not intend to rush them through in view of the complex issues involved and its duty to consider all relevant matters.
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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.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
