Legal profession in Malaysia: practice and ethics

the book Legal Profession in Malaysia: Practice and Ethics which consists of 31 chapters, covers a wide range of topics on the legal profession in Malaysia with reference to the LPA and the Syarie Legal Profession (Federal Territories) Act 2019. It traces the development of the legal profession and practice in Malaysia, the legal profession regulatory bodies under the civil and Syariah systems, the admission requirements to be an advocate and solicitor, including the articled clerks under the LPA, admission requirements as an advocate under the Sabah Advocates Ordinance and the Sarawak Advocates Ordinance, and the admission requirements to be a Syarie lawyer or Peguam Syarie under the Syarie Legal Profession (Federal Territories) Act 2019. The discussion also encompasses the lawyer’s duty to preserve and protect the legal profession, the counsel’s competency and professionalism, the lawyer’s several duties to the court, solicitor-client relationship, the lawyer’s duty to opposing counsel, legal professional privilege, conflict of interest in the legal profession, publicising of legal practice, the solicitor-client costs and the taxation of bill of costs. Also covered are chapters concerning the law on contempt of court and the issue relating to the relevancy of the contempt of scandalising the court. Further, there is an extensive discussion on professional misconduct involving the advocate and solicitor, disciplinary procedures, and punishment, including the reinstatement or restoration to the Roll of Advocate and Solicitor, the professional indemnity insurance scheme, and the compensation fund. Also featured in the book are chapters relating to the types of legal firms in Malaysia and the various challenges to the legal profession. These include the impact of globalisation on the legal profession, technology in the delivery of the justice system, and the need for the members of the legal profession to adapt and embrace the changes to keep pace with a rapidly evolving world, the need for continuous learning among lawyers, the need for a common entry requirement for admission to the profession thereby addressing the declining standards of legal education, the growing competition in the industry and lastly, the occupational stress involving members of the profession, which often results in high dissatisfaction in terms of job mobility, burnout, and quality performance, among others. The role of a barrister or a solicitor in England and Wales is compared with an advocate and solicitor in West Malaysia with a special focus on whether the members of the legal profession in Malaysia should specialise in the interest of enhancing their competency. Aside from the above, legal aid, pro bono service, judicial immunity, and judicial misconduct are also featured in the book.