Bar acts against lawyer seeking payment to ‘guarantee’ client’s acquittal
Published on: Sunday, December 24, 2023
By:
FMT, K Parkaran
The Malaysian Bar has advised its members not to use WhatsApp or other messaging apps as the main medium for communication with clients.
PETALING JAYA: The Malaysian Bar has acted against a lawyer for violating the Legal Profession Act 1976 by guaranteeing the acquittal of a man and his release from prison in exchange for money.
The guarantee was allegedly made to his family members in a WhatsApp chat.
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The Bar held an inquiry and said that its Advocates and Solicitors Disciplinary Board issued an “adverse order” as recommended by the disciplinary committee.
It did not say what punishment would be meted out but the lawyer faces the possibility of being struck off from the register, suspended, fined, or reprimanded.
“The findings of the disciplinary committee and recommendation for an adverse order are unanimous,” the Bar said in a recent circular sighted by FMT.
“The guarantee by the lawyer was to release the accused from prison. There was a promise to return the money in the event the accused is not freed.”
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The Bar said although there was no written agreement, the WhatsApp messages were proof that a guarantee had been given by the lawyer, adding that the complaint was lodged by a family member of the accused.
“It was discovered that the lawyer had been conducting his dealings with the family, including explaining his scope of work via WhatsApp. This has been his practise with other clients too,” it said.
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The Bar advised its members not to use WhatsApp or other messaging apps as the main medium for communication with clients, especially when it came to giving professional advice, explaining their scope of work, or informing of legal fees.
Lawyers were also reminded that claims made against members in civil suits premised on misconduct are not covered by the Malaysian Bar’s Professional Indemnity Insurance Scheme.
Under Section 94(3) of the Legal Profession Act, any misconduct by lawyers in a professional capacity or otherwise which amounts to grave impropriety, such as the charging of fees, without a written agreement or being grossly excessive is punishable by law.
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