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The Malaysian Bar stands as a pillar of justice, advocating the rights of all individuals and upholding the rule of law in our nation. However, the current economic landscape, coupled with the increasing societal pressures on our profession, has placed unprecedented challenges on lawyers across Malaysia.
In recent times, there seems to be an alarming trend which unjustly diminishes the role of lawyers. The focus is no longer on the significant contributions lawyers make to society, but rather on the misconduct of a few, which unfortunately casts a shadow on the entire profession.
Let me be clear: the Malaysian Bar does not condone any form of unethical behaviour, and we will continue to take decisive action against those who breach the trust bestowed upon them by the public. However, it is equally important to ensure that the integrity and honour of the vast majority of lawyers, who serve with diligence and dedication, are not tarnished by the actions of a few.
Moreover, the growing demand for discounts and the devaluation of legal services further exacerbates the challenges faced by lawyers today. This trend undermines the value of the critical work we do and threatens the sustainability of legal practices, particularly smaller firms and sole practitioners. Legal services are not a commodity that can be bargained; they are essential services that require specialised knowledge, skills, and a commitment to justice.
The Malaysian Bar remains committed to upholding the principles of justice and ensuring that every citizen has access to quality legal representation. We urge all stakeholders to recognise the challenges we face and to work together to safeguard the future of our profession, and by extension, the administration of justice in Malaysia.
On another note, the Malaysian Bar reaffirms our unwavering stance against dishonesty and fraudulent conduct by our Members. We condemn such actions in the strongest and most unequivocal terms.
During a press conference1 held at Menara KPJ on 13 August 2024, the Director of the Bukit Aman Commercial Crime Investigation Department (“CCID”), Dato’ Sri Ramli Mohamed Yoosuf, informed the media that a total of 33 criminal breach of trust (“CBT”) cases involving lawyers were reported nationwide last year. He added that these cases resulted in losses of over RM33 million.
From our records, these 33 cases include a case from Sarawak; 14 involving individuals who are not Members of the Malaysian Bar; and eight cases in which the Advocates and Solicitors Disciplinary Board (“ASDB”) have issued orders against Members. Additionally, since 2023, the Bar Council has lodged six police reports against individuals impersonating lawyers and/or forging documents to carry out fraudulent and dishonest conduct.
We refer to our previous press release2on this issue, which outlined the various mechanisms to combat fraudulent and dishonest conduct, provided under the Legal Profession Act 1976 (“LPA”). The Malaysian Bar further encourages members of the public to lodge a complaint with the ASDB3 if they are of the view that the conduct of the advocate and solicitor concerned amounts to misconduct.
The Malaysian Bar will not tolerate dishonesty within our profession and will relentlessly pursue its eradication. Pursuant to section 88(1) of the LPA — if the Bar Council has reasonable cause to believe that an advocate and solicitor or his/her employees have been guilty of dishonesty in connection with his/her practice, or in connection with any trust of which he/she is a trustee, the Bar Council may intervene into the law firms to take possession and control of all documents, as well as the clients’ account(s) of the firms.
We urge the public to report any concerns regarding the handling of stakeholder or trust monies at the earliest possible opportunity. Timely reporting enables the Bar Council to take swift action, including intervening and taking control of clients’ accounts where necessary, to safeguard funds and ensure they are used strictly in accordance with the agreed terms. The integrity and trust placed in legal professionals are paramount, and we remain committed to upholding these standards to protect the public interest.
Dishonest lawyers are a stain on the legal community, and their misconduct diminishes the integrity of the many honourable and diligent Members who uphold our profession’s highest standards.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
16 August 2024
1 “33 CBT Cases by Lawyers Involving Losses of Over RM33 Million Recorded in 2023”, Bernama, 13 August 2024.
2 “Press Release | The Ongoing Fight against Dishonesty in the Legal Profession”, Malaysian Bar website, 29 May 2024.
3 Lodgement of Complaints, Advocates & Solicitors Disciplinary Board website.