Professional misconduct

Any advocate and solicitor who has been found guilty of misconduct under the 16 circumstances mentioned in s. 94(3) shall be liable to one or more of the following penalties or punishments: to be struck off the Roll of Advocates and Solicitors, to be suspended from practice, to be ordered to pay a fine or to be reprimanded or censured. The punishment for proven misconduct must be proportionate to the nature and gravity of the misconduct. Whether or not the misconduct deserves the most severe punishment namely, to be struck off the Roll is determined with reference to the facts and circumstances of each individual case. Generally, the option to “strike off” from the Roll must be based on grave misconduct, which necessarily relates to dishonesty or conduct for which other forms of sentencing may not be appropriate. Where the punishment is strikingly disproportionate to the gravity of the misconduct, it may justify interference by the courts. Having said the above, this Chapter discusses professional misconduct involving advocates and solicitors under the LPA. Reference is also made on this subject under the Sabah and Sarawak Advocates Ordinances as well as in the Syarie Legal Profession (Federal Territories) Act 2019.