Responses from financial institutions in relation to the SRO
Contributed by WOON YEOW THONG
Thursday, 10 November 2005 02:21pm
The Bar Council in its effort to enforce the SRO had, on July 12 2005 written to Hong Leong Bank Berhad (“HLBB”) pertaining to preparation of loan documentations in respect of loans or facilities which are at “Zero Cost” to borrowers.
Subsequently, HLBB replied via their letter dated September 7 2005 stating that as regards conveyancing lawyers, they have instructed all their Branches to abide by the SRO in respect of fees and disbursements. A copy of the reply from HLBB can be downloaded by clicking here.
In addition, in the course of enforcement of the SRO, kindly be informed that the Bar Council had also received a positive response from AmBank Berhad whereby they will abide by the SRO.
Such favourable responses from financial institutions are no doubt a step forward in the enforcement of the SRO. Further thereto, may it spur members to abide strictly by the SRO and not yield to demands for discount/rebate of professional fees.
The Bar Council through the Solicitors Remuneration Enforcement Committee shall continue to take all requisite measures to enforce the SRO in the interest of our members.
SRO written by Ahmad Rasyid Bin Ismail,
Thursday, November 10 2005 03:35 pm
What about the newly amended SRO? When the Bar Council going to enforce it? When I call the Bar Council they said we have to wait until it is being gazetted. What an asnwer...
In my opinion when the Bar Council already approved its rules then the rules shall become immediately enforceable as it is the rules made under the Legal Profession Act not the Act itself which requires approval of AG.
I see various rules made by the Bar Council being enforce immediately but why not the newly amended SRO. What make it so special that it cannot be enforced without the AG's approval.
I believe this require a special attention as this will involve the enforcement of the no discount rules as well. If you all so concern about the no discount rules, hey what about this one?
... written by Stephen Tan Ban Cheng,
Thursday, November 10 2005 03:47 pm
Mr Tony Woon,
Well done. To you and your committee, SYABAS! At least, we can see the light at the end of the tunnel. Maybe, I should be re-locating my accounts to these banks?
If ALL lawyers boycott the banks who refuse to come to the party, then they will know we mean business.
SYABAS again.
Please follow up with other banks written by Matthew Yeoh Chin Chong,
Thursday, November 10 2005 04:00 pm
Congratulations to the SRO Enforcement Committee on obtaining this written confirmation from HLB to abide by the SRO. It seems there are still some banks that are not entirely cooperative about abiding with the SRO. Can we gradually get a full compilation of such letters from all the banks?
The New SRO written by Andrew Wong,
Thursday, November 10 2005 04:31 pm
Dear Ahmad Rasyid,
The Bar Council has no powers to fix the remuneration of a solicitor in respect of non-contentious business.
Only the Solicitors Costs Committee ("SCC") comprising the Chief Justice or his nominee, the Attorney General or his nominee, the Chief Registrar or his nominee, and 4 advocates & solicitors nominated by the Bar council, may do so. [See section 113, Legal Profession Act 1976 ("LPA").
After the increase in rates were approved by the Malaysian Bar in general meeting on 27/03/2004, the Bar Council immediately wrote to the Chief Justice to convene a meeting of the SCC pursuant to section 113(2) of the LPA.
Several meetings were held by the SCC in 2004 and 2005 to agree on a new SRO. Rates proposed by the Malaysian Bar were slashed down. Uncertainties in the existing SRO 1991 were cleared up and many new provisions were agreed to be included.
The final product is expected to be gazetted late this month or early December 2005, after all the members of the SCC have signed the new SRO. The gazetting is arranged for by the AG's Chambers and not by the Bar Council.
The SCC and not the Bar Council can decide when the new SRO will come into force, and the Bar Council is doing all it can to ensure that the new SRO comes into force on the 01/01/2006.
SRO ENFORCEMENT written by Ngan Teck Keong,
Saturday, November 12 2005 01:11 am
MY HAT OFF to Tony Woon and all the SRO committee .Keep up the excellent work.
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The Bar Council in its effort to enforce the SRO had, on July 12 2005 written to Hong Leong Bank Berhad (“HLBB”) pertaining to preparation of loan documentations in respect of loans or facilities which are at “Zero Cost” to borrowers. 
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What about the newly amended SRO? When the Bar Council going to enforce it? When I call the Bar Council they said we have to wait until it is being gazetted. What an asnwer...
In my opinion when the Bar Council already approved its rules then the rules shall become immediately enforceable as it is the rules made under the Legal Profession Act not the Act itself which requires approval of AG.
I see various rules made by the Bar Council being enforce immediately but why not the newly amended SRO. What make it so special that it cannot be enforced without the AG's approval.
I believe this require a special attention as this will involve the enforcement of the no discount rules as well. If you all so concern about the no discount rules, hey what about this one?