KUALA LUMPUR, Tues.: A lawyer wants to be able to give discounts on conveyancing fees.
Abdul Razak Hashim filed an originating summons at the High Court today against the Malaysian Bar Council and the Attorney-General for prohibiting such discounts.
He is seeking a declaration that the Legal Profession Act (LPA) does not invest the Bar Council with investigation and policing powers against its members, and in consequence of the Solicitors Remuneration Order 1991.
He also wants the court to rule that Order Seven of the Solicitors Remuneration Order, which prohibits giving discounts for conveyancing, is ultra vires of Section 113(3) of the LPA, and that it is traditional practice for lawyers to provide free service for needy cases.
In his supporting affidavit, Razak said Order Seven of the Solicitors Remuneration Order 1991 was in conflict with the Legal Profession Act 1976 over giving discounts. He said the order prohibiting lawyers from giving discounts was against public interest, as lawyers should help the public by reducing their fees or providing their service for free to the needy.
Razak said Section 113(3) of the LPA did not prohibit lawyers from giving discounts or free service to poor and needy people along with friends and relatives. "As such, the order is against public interest."
He said the Attorney-General was made a party in the suit as the office was a guardian of public interest and a stakeholder in the LPA.
Razak said the council passed the Solicitors Remuneration Order in line with the LPA on Sept 4 last year.
... written by Yee Seu Kai,
Thursday, December 29 2005 09:34 pm
When is a person who can afford to purchase a non low-costs housing i.e. above RM100,000.00 property is ever needy.
(see First Schedule (a) SRO where the consideration is RM30,000.00 and below the fees is only RM120.00; and
First Schedule (b) SRO scale fees less 25 % discount is allowed for property transaction where the consideration is in excess of RM30,000.00 but not more than RM100,000.00).
Thus the Solicitors’ Remuneration Order 1991 (SRO) is indeed very humane and has taken the needy of the society into consideration.
I hereby reserve my rights against the fact that this view being sub-judice to the suit.
Cause Papers written by Ng Hong Chai,
Friday, December 30 2005 08:30 pm
Has the OS together with the supporting affidavit(s) been served on the [Malaysian Bar (Council)?]
Are they public documents? Do all of us have an interest in the matter / proceedings? Can the contents of the cause papers be posted in the members' only section?
We cannot depend too much on newspapers' reporting!
If all of us have an interest in the matter, is it alright to discuss it in the members' only section in the Website?
... written by MBW,
Friday, December 30 2005 11:41 pm
Dear Hong Chai,
I have been advised that as of today, the cause papers have yet been served on the Bar.
Needless to say, the cause papers will be published on this website as soon as they are available.
Write comment
You must be logged in to a comment. Please register if you do not have an account yet.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
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.
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.
KUALA LUMPUR, Tues.: A lawyer wants to be able to give discounts on conveyancing fees. 
Subscribe to this comment's feed
Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
When is a person who can afford to purchase a non low-costs housing i.e. above RM100,000.00 property is ever needy.
(see First Schedule (a) SRO where the consideration is RM30,000.00 and below the fees
is only RM120.00; and
First Schedule (b) SRO scale fees less 25 % discount is allowed for property transaction
where the consideration is in excess of RM30,000.00 but not more than RM100,000.00).
Thus the Solicitors’ Remuneration Order 1991 (SRO) is indeed very humane and has taken the needy of the society into consideration.
I hereby reserve my rights against the fact that this view being sub-judice to the suit.