Circular No 287/2016
Dated 28 Dec 2016
To Members of the Malaysian Bar
On 21 Dec 2016, the following were gazetted:
(1) Solicitors’ Remuneration (Amendment) Order 2016 (P.U. (A) 339) (“SRAO 2016”); and
(2) Solicitors’ Remuneration (Enforcement) Rules 2016 (P.U. (A) 340) (“SRER 2016”).
Both the SRAO 2016 and the SRER 2016 came into effect on 22 Dec 2016.
(1) SRAO 2016
The proposed amendments to the Solicitors’ Remuneration Order 2005 (“SRO 2005”) that have been gazetted as the SRAO 2016 had been approved by the Bar Council in November 2012. The amendments were made to adjust the scale fees upwards for several chargeable items in respect of professional fees for the preparation of non–contentious documents.
Please note that the SRAO 2016 relate to a separate set of amendments from those contained in the resolution that was recently adopted at the 70th Annual General Meeting of the Malaysian Bar on 19 Mar 2016, which pertain to Order 6, the First Schedule and the Third Schedule. The Bar Council has requested that the Chief Judge of Malaya convene the Solicitors Cost Committee to consider the new set of proposed amendments contained in the resolution.
(2) SRER 2016
The Solicitors’ Remuneration (Enforcement) Rules 2004 (“SRER”) — ie the previous set of enforcement rules concerning solicitors’ remuneration — made under section 57(a) of the Legal Profession Act 1976, had been declared null and void by the High Court on 26 April 2010, as the Judge ruled that the Bar Council’s power under that section does not include the power to make enforcement rules. The Court of Appeal dismissed the Bar Council’s appeal on 3 Sept 2012.
The Bar Council subsequently sought the approval of the Attorney General to gazette the new SRER 2016 under section 77 of the Legal Profession Act 1976 to facilitate the enforcement, by the Bar Council, of compliance with the Solicitors’ Remuneration Order 2005.
Copies of the SRAO 2016 and SRER 2016 are
for your reference.
Should you have any enquiries, please contact Darren Sim, Officer, by telephone at 03–2050 2130 or by email at
Karen Cheah Yee Lynn
This circular and the attachments may also be accessed