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Home arrow Laws arrow Bar Council Rulings arrow 19.02. Definition and interpretation
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19.02. Definition and interpretation PDF Print E-mail
Wednesday, 19 December 2007 03:05pm

In these Rules, unless the context otherwise requires -

"Advocate and Solicitor" includes a firm of advocates and solicitors;

"Bar Council" includes any person or persons appointed by the Bar Council in writing under the hand of the President or the Secretary of the Malaysian Bar;

"client" means any person who has engaged an Advocate and Solicitor to act for him in relation to non-contentious business;

"client account" means a current or deposit account at a bank or financial institution in the name of an Advocate and Solicitor in the title of which the word "client" appears (or ought to appear);

"completed non-contentious business" means the non-contentious business for a client for which the Advocate and Solicitor has been fully or partially paid the fees due to (or chargeable by) him, whether paid by the client or any other person, and whether the fees have been paid into a client account or an office account;

"documents" mean books, accounts, client's cash book, client's ledger, records, vouchers, bills, invoices, receipts and any other documents relating to the transactions, and shall include loose-leaf books, cards or other documents as are necessary or expedient for the operation of any system of book-keeping, mechanical or computerised;

"non-contentious business" means the non-contentious business governed by the Solicitors' Remuneration Order, save and except for the business under the Sixth Schedule thereto for which no fixed rate of fees has been prescribed;

"office account" means an account maintained by an Advocate and Solicitor for
his practice, other than a client account;

"scale fees" mean the fees prescribed under the Solicitors Remuneration Order;

"Solicitors Remuneration Order" means the Solicitors Remuneration Order 1991 and shall include any statutory amendment, modification, replacement or re-enactment thereof;

"transactions" mean (a) any payment of fees to an Advocate and Solicitor in relation to his completed non-contentious business for any period or periods as may be specified by the Bar Council; or (b) the non-contentious business undertaken or performed by an Advocate and Solicitor, of a nature or in such manner and for such period or periods as may be specified by the Bar Council;

Words in the singular include the plural and words in the plural include the singular.

 
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