Lawyer fined RM50,000, banned 2 years for letting unqualified person run firm

Lawyer fined RM50,000, banned 2 years for letting unqualified person run firm

The Advocates and Solicitors Disciplinary Board says the lawyer allowed another person to run the operations and management of the firm without their oversight or involvement.

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The Advocates and Solicitors Disciplinary Board also found that the practitioner had failed to carry out basic obligations, such as taking part in court proceedings or contacting opposing counsel and clients. (Facebook pic)
PETALING JAYA:
A lawyer has been fined RM50,000 and suspended from practising for two years for allowing a non-lawyer to run their firm, in addition to other breaches in ethics.

In a practitioners’ newsletter, the Advocates and Solicitors Disciplinary Board (ASDB) said the lawyer had allowed another person to run the operations and management of the law firm without their oversight or involvement.

“This unqualified person also misrepresented himself as a lawyer. Such conduct is a direct violation of Section 82 of the Legal Profession Act 1976, which prohibits an unauthorised person from operating a law firm, accessing its bank accounts, or generating profits under the guise of a legal practitioner.

“The law firm was found to be operating without proper office signage and directory listings. This is a blatant violation of the ninth rule of the Legal Profession (Publicity) Rules 2001, which requires law firms to prominently display their nameplate according to certain specifications,” ASDB said.

The board also found that the practitioner had failed to carry out basic obligations, such as taking part in court proceedings or contacting opposing counsel and clients.

“Instead, outside counsel were relied upon to handle all matters on behalf of the firm. While engaging outside counsels is permitted, it intensifies the failure by reflecting a consistent neglect of the primary duty,” it said.

The board said the case served as an urgent reminder not to allow people without legal qualification to masquerade as lawyers, or unqualified people to run their firms.

“The legal profession stands as a pillar of trust, integrity, and accountability, where each action shapes the foundation of justice. Lawyers are bound by the rules and rulings of the Bar Council, which must be referred to and followed in all their professional conduct,” it said.

The board said it started its investigations after a complaint of misconduct received from the public. However, the date and location as well as the name of the said lawyer and law firm were not mentioned.

The ASDB, established under the Legal Profession Act, is an independent body tasked with adjudicating on complaints of professional misconduct by pupils and lawyers.

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