90 lawyers barred from practice since 2013

90 lawyers barred from practice since 2013

Many were found to have been dishonest in the conduct of their duties.

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KUALA LUMPUR :
Ninety lawyers were struck off the roll for professional misconduct during the four-year tenure of outgoing Advocates and Solicitors Disciplinary Board chairman Syed Ahmad Helmy Ahmad.

A large number of them were found to have acted dishonestly in the discharge of their duties, Syed Ahmad said in an interview with FMT. These dishonest acts included misappropriation of clients’ money and doubling up as money lenders to cash-strapped clients.

Syed Ahmad, who became chairman of the disciplinary board in 2013, left office yesterday. During his tenure, 16 lawyers were suspended, 579 were fined and 119 reprimanded.

The Legal Profession Act (LPA) allows the board to suspend errant lawyers for up to five years and impose a maximum fine of RM50,000.

The board dismissed 1,066 complaints as lacking in merit and discontinued 20 cases because the lawyers involved had died.

Another 295 cases were withdrawn and struck out after the complainants withdrew their grievances.

Syed Ahmad said other types of misconduct were gross disregard of clients’ interests, breach of the LPA rules and failure to renew the practising certificate.

He said the board also used its powers to order lawyers to repay money owed to clients. “In some cases, the amount was about RM500,000,” he added.

He said the board encouraged lay persons to apply to sit with two legal professionals in disciplinary committees.

“The board feels that committees consisting only of lawyers are inclined to side with the person charged with misconduct,” he said. “So we appoint a lay person to act as a check and balance.”

He recalled a case in which a committee was split, with the lay person in the minority.

“The board, which has the power to review the findings of liability and to recommend punishment, upheld the decision of the lay person as his analysis of evidence was sound,” he said.

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