PETALING JAYA: Rogue lawyers engaging in unethical practices or misconduct will not be tolerated as the profession’s integrity must be protected, lawyers’ groups say.
They urged the public to take swift action by reporting cases of professional wrongdoing involving lawyers to the Advocates and Solicitors Disciplinary Board (ASDB).
Bar Council member New Sin Yew said misconduct often occurs in transactional work, particularly property matters.
“If the victim’s lawyer has mishandled clients’ monies, victims should immediately lodge a police report,” he said when contacted.
New also advised victims to seek legal advice on their rights and options, recommending the services of a dispute resolution lawyer for such cases.
“Lastly, a victim should complain to the ASDB for professional misconduct.
“Mishandling clients’ monies is certainly misconduct, and a lawyer, if found guilty, can be disbarred and fined,” he added.
New emphasised that the ASDB operates independently of the Malaysian Bar and Bar Council to prevent allegations of bias or protection of delinquent lawyers.
“The Bar Council does not and cannot adjudicate on the professional misconduct of lawyers. That’s solely within the purview of the ASDB, an independent body set up under the Legal Profession Act 1976 for that very purpose,” he clarified.
He also highlighted the small but concerning number of lawyers involved in criminal breach of trust (CBT) or scams.
“We have approximately 23,000 lawyers in active practice, and the number of those involved in such cases is small.
“However, even one case is too many. All lawyers should be held to the highest ethical and disciplinary standards,” said New, urging victims to act quickly if they believe they have been cheated or scammed.
Meera Samanther of the Association of Women Lawyers provided the steps victims can take.
“Make a police report. Report to the Disciplinary Board of the Bar and file a civil suit,” she advised.
She also stressed the importance of documentation in supporting a victim’s case.
“Victims must have evidence – documentation to prove their case, such as any communication via SMS, WhatsApp, email, etc.
“Civil lawyers can advise on tracing monies or applying for injunctions where appropriate,” added Meera.
Malaysian Muslim Lawyers’ Association president Muhamad Hisham Marzuki called for victims to clarify their cases before taking legal steps.
“Victims need full information on what kind of service they have engaged and appointed (the lawyer for).
“Then, communicate with the lawyer about the real issue that arises. If there is no resolution, proceed to lodge a police report,” he said.
Muhamad Hisham said while his association is not responsible for regulating lawyers’ practices, it is ready to assist in cases involving its members.
“Normally, the client must liaise with the lawyer since our establishment does not regulate the law practice.
“The Bar Council can act upon any complaint on disciplinary action.
“However, I’m not aware of the specifics, as the Disciplinary Board of the Bar Council handles those matters,” he said.
Reports of lawyers engaging in CBT and swindling clients have surfaced repeatedly in recent years.
In 2019, a lawyer faced three CBT charges involving over RM1mil for a client’s condominium purchase.
In 2022, another lawyer was charged at the Shah Alam Sessions Court for CBT involving RM1.52mil.
In 2024 alone, the Bukit Aman Commercial Crimes Investigation Department recorded 27 CBT cases involving lawyers, resulting in losses exceeding RM20mil.
