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Rule 5. Publicity within Malaysia.

(1) An Advocate and Solicitor who publicizes his practice or the practice of his firm within Malaysia-

(a) shall not do so-

(i) in a manner as will be likely to diminish public confidence in the legal profession or to otherwise bring the legal profession into disrepute; or

(ii) in a manner as may reasonably be regarded as being ostentatious, in bad taste, misleading, deceptive, inaccurate, false, sensational, intrusive, offensive or in any other way unbefitting the dignity of the legal profession;

(b) shall not in the publicity-

(i) make any claim that he or any other Advocate and Solicitor practising in his firm is a specialist or expert in any area of practice;

(ii) make any direct or indirect reference to the number or proportion of cases that have been successfully undertaken by him or his firm, or to his earnings or the earnings of any other Advocate and Solicitor practising in his firm;     [Am.by P.U.(A) 176/2009]

(iii) [Deleted by P.U.(A) 176/2009]

(iv) state anything that would be construed as offering any inducement to, or imposing any duress, upon any person as a means of obtaining professional business for himself or his firm;

(v) make any statement relating to the rates charged by him or his firm, or to his or his firm's methods of charging;

(vi) make any laudatory references to himself or his firm, or directly or indirectly extol the quality of the professional services provided by him or his firm;

(vii) make any comparison with, or criticism in relation to, the charges for, or the quality of, services provided by any other Advocate and Solicitor or firm;

(viii) incorporate the armorial bearings of the Malaysian Bar and Bar Council; or

(ix) refer to the appointment of an Advocate and Solicitor currently or previously practising in his firm to a judicial office.

(2) Without prejudice to subparagraph 5(1)(b)(ix), an Advocate and Solicitor who publicizes the practice of his firm may, in the publicity, include in the name of his firm the name of an Advocate and Solicitor who had been previously practising in his firm and who has been appointed to a judicial office, where prior to that appointment such name was part of the name of the firm.

(3) For the purposes of subparagraph (1)(a)(ii), a publicity is misleading, deceptive, inaccurate or false if-

(a) it contains a material misrepresentation of fact;

(b) it omits to state a material fact;

(c) it contains any information which cannot be reasonably verified; or

(d) it is likely to create an unjustified expectation about the results that can be achieved by the Advocate and Solicitor or his firm.

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