KUALA LUMPUR, Fri: Nine professional bodies and boards got together today for a joint press conference at the Bar Council Secretariat to issue a joint memorandum in support of professional scale fees.
The memorandum signed jointly by the Association of Consulting Engineers Malaysia, the Association of Valuers & Property Consultants in Private Practice Malaysia, the Bar Council, the Board of Town Planners Malaysia, the Institution of Engineers, Malaysia, the Institution of Surveyors, Malaysia, the Malaysian Institute of Architects, the Malaysian Institute of Planners, and the Malaysian Medical Association states that professional services are intellectual and creative products, and not commodities and, therefore, the primary purpose of scale fees is to set a benchmark to establish a reasonable level of remuneration, commensurate with the provision of professional services of an acceptable and recognised standard.
The memorandum added that it is not in the interest of the public or the various professions, for professional fees to be decided entirely by “market forces”.
“In a “free market” situation, it is often too tempting for consumers requiring professional services to seek out the cheapest, sidelining the issue of quality of service, in particular when such quality is not immediately or easily discernible. This “shopping around” or "marketing for cheaper fees" will lead to an unhealthy widespread undercutting of professional fees. When fees are uneconomic and do not commensurate with the level of the services that ought to be provided, it is not uncommon for the quality of professional services rendered to be compromised. Hence, scale fees will not only benefit, but will also protect, the consumers; since with scale fees professionals will then have to compete with one another on the quality of professional services, and not on pricing.
Scale fees have been an accepted and common method of charging for professional services in Malaysia. It is neither appropriate nor beneficial at this juncture, for all concerned, to abolish the scale fees system which prevents both overcharging and undercutting, and protects consumers by promoting high quality professional services.”
The professional bodies said for the above and other reasons, they would jointly affirm that, in determining the fees of the various professions represented by the professional bodies and boards, it is necessary and desirable for scale fees to be maintained.
“We further jointly affirm that effective and stringent measures must be taken by the various professional bodies and boards to enforce their respective scale fees against their members in order to ensure and preserve high standards of the professional services rendered to the public,” said the professional bodies.
At the joint press conference, the various professional bodies explained the relevance of professional scale fees and why scale fees ought to be maintained. The Federation of Malaysian Consumers Associations (FOMCA) and the National House Buyers Association (NHBA) were also represented at the press conference, and they voiced their support for professional scale fees and the “No Discount Rule”.
Chairman of the Bar Council, Yeo Yang Poh, told the press that the support of these two important consumer organisations is particularly significant and very much valued, as it shows that consumers in Malaysia are increasingly aware of the need for good quality professional services, and the corresponding need to nurture a fair and reasonable environment for the provision of such services.
When asked whether the consumer organisations had received any complaint with regard to lawyers' fees, Darshan Singh, Manager of Complaints Division of FOMCA and Chang Kim Loong, Secretary–General of HBA both said they had not received any such complaint but had received complaints with regard to the lawyers' level of service.
“Of course, if you give discount, everyone is for it, but they fail to understand that quality of service is more important,” said Darshan.
HBA, said Chang, is in support of the recently revised Solicitors' Remuneration Order 2005 as it will benefit house buyers and borrowers who purchase properties from housing developers.
Ar. Dr. Tan Loke Mun, President of the Malaysian Institute of Architects said professional scale fees ought to be maintained.
“We are professional men and not businessmen. Our sole income comes from the professional fees,“ said Dr Tan. Dr Tan added that this issue ought to be looked at in totality, saying that even by fixing a minimum scale would be interpreted as the maximum scale. Citing the recent scandal involving an architect in Japan, Dr Tan said that would be the danger if one enters into fee bargaining to which most present agreed that if "you pay peanuts, you would get monkeys!”
Ir Choo Kok Beng, Vice–President of the Institution of Engineers, Malaysia said he was grateful that this issue is being brought up and spearheaded by the Bar Council. General Secretary of the Malaysian Medical Association, Dr M. Ponnusamy said one could not go around shopping from one doctor to another hoping that the fees could be reduced. Yeo agreed, saying it would be extremely unhealthy if every patient had to discuss fees when he entered the clinic before treatment.
“The scale fees are not there to enrich professionals but to provide a fair and reasonable remuneration so that there is a suitable environment for the provision of good services,” said Yeo.
The following represented their respective organisations:1. Association of Consulting Engineers Malaysia (No Representative)
2. Association of Valuers & Property Consultants in Private Practice Malaysia, Mr. P. Tangga Peragasam (President)
3. Bar Council, Malaysia,. Mr. Yeo Yang Poh (President) and Mr. Tony Woon Yeow Thong (Chairman of the Solicitors Remuneration Enforcement Committee)
4. Board of Town Planners Malaysia, Y.Bhg. Dato’ Wan Mohamad Mukhtar bin Mohd Noor (Chairman), and Encik T. Mahesan (Board Member)
5. Federation of Malaysian Consumers Associations, Mr. Darshan Singh (Manager of Complaints Division)
6. Institution of Engineers, Malaysia, Ir Choo Kok Beng (Vice–President)
7. Institution of Surveyors, Malaysia, Encik Noushad Ali Naseem bin Ameer Ali (Vice–President), Tn. Hj. Saharuddin bin Saat (Land Surveying Divisional Chairman) and Mr. Low Han Hoe (Property Consultancy and Valuation Services Divisional Secretary).
8. Malaysian Institute of Architects, Ar. Dr. Tan Loke Mun (President) and Ar. Lee Chor Wah (Deputy President)
9. Malaysian Institute of Planners (No Representative)
10. Malaysian Medical Association, Dr. M. Ponnusamy (Honorary General Secretary)
11. National House Buyers Association, Brigadier General (R) Datuk Goh Seng Toh (Vice President), and Mr Chang Kim Loong (Honorary Secretary–General)
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The Joint Press Conference