Cheong Wai Meng & Van Buerle sue the Bar over SRER 2004
Thursday, 21 June 2007 09:30pm
PENANG: Penang law firm, Cheong Wai Meng & Van Buerle
has filed a suit at the Penang High Court (4) on June 16 to challenge the
validity of the Solicitors' Remuneration (Enforcement) Rules 2004.
According to the firm's managing partner, Louis Edward Van Buerle, the
papers had been served on the Bar Council on June 20, and the case has also been
fixed for hearing on August 8 this year.
In their suit filed in the name of the firm comprising Van
Buerle, Mary Yeo Chew Yen, Seah Chek Huat, Arivanandhan a/l Venugopal, Firoza bt
Abdul Raheem, Sia Seow Cheng, Tang Chen Pin, Chew Saw Hoon and Tan Swee Cheng,
the firm claims for the following reliefs:
(a) a declaration that Solicitors’ Remuneration (Enforcement) Rules 2004 made
under Section 57(a) Legal Profession Act 1976 is null and void;
(c) a declaration that a solicitor’s compliance with Rule 4 and 5 of the
Solicitors’ Remuneration (Enforcement) Rules 2004 would be in breach of
solicitor-client confidentiality, and/or legal professional privilege and/or
Rule 35 of the Legal Profession (Practice and Etiquette) Rules 1978;
(d) a declaration that members of the Malaysian Bar are allowed to waive fees in
non contentious matters at their sole discretion subject to Rule 52(c) of the
Legal Profession (Practice and Etiquette) Rules 1978 or any other rule made
under section 77 of the Legal Profession Act,1976;
(e) costs; and
(f) such other order/ relief as the Court may deem fit and proper to grant.
In her affidavit in support of the summons affirmed on behalf of the other
partners of the firm, Yeo said the declarations sought are essential to perform
her duties as a solicitor effectively and within the parameters of the law.
Further, she said it is essential to protect the interest of the Malaysian Bar,
in particular advocates and solicitors who do conveyancing work and the general
interest of the public.
The papers can be downloaded by clicking on this link.
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PENANG: Penang law firm, Cheong Wai Meng & Van Buerle
has filed a suit at the Penang High Court (4) on June 16 to challenge the
validity of the Solicitors' Remuneration (Enforcement) Rules 2004.
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