Legal Practice In Malaysia

Question 1

The Malaysian Bar definition?

Answer 1

-a professional body which regulates the profession of lawyers in Peninsular Malaysia
- Statute under *Advocates and Solicitors Ordinance 1947** later established by Legal Profession Act 1976

Question 2

What is the function of the Malaysian Bar?

Answer 2

a) to protect the reputation of the legal profession
b) to uphold the cause of justice
c) to express its views on matter relating to legislations and others

Question 3

disscuss about the Bar Council in the Malaysian Bar

Answer 3

•councils are consisted of 38 members
• seperate bodies seperate legal profession in states of sabah and sarawak
• an application must be made to the high court of sabah and sarawak.
• In the case of Sivarasa Rasiah v Badan Peguam Malaysia and Anor the court ruled that a person can be disqualified from being the member of a bar council if he holds any office in any political party.
• It is to ensure that the need for an independent BC free from political influence and prevent conflict of interest situation

Question 4

Legal Practice in Sabah And Sarawak?

Answer 4

• The Sabah Law Society& The Advocates Association Of Sarawak
• The functions is similar to the Malaysian Bar, but only focusing on the state.
• certain conditions must be fullfilled to qualify a person to practice law in the state of them is require him to be born in the state or resident of that state for a contiunous 5 years or more.
• importantly satisfies the chief justice that he is, as the time when the question whether he has the state connection relevant.