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โ† Legal Profession Act 1976

Legal Profession Act 1976 s 88

Legal Profession Act 1976 s 88

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 88 Guilty advocate and solicitor, etc.

(1) The Bar Council may if it has reasonable cause to believe that an advocate and solicitor, or a clerk or servant of an advocate and solicitor, has been guilty of dishonesty in connection with that advocate and solicitorโ€™s practice as an advocate and solicitor or in connection with any trust of which that advocate and solicitor is a trustee, issue a certificate to that effect and thereupon the Schedule, except paragraph 7 thereof, shall apply in relation to that advocate and solicitor. (2) Where the name of an advocate and solicitor is removed from the Roll or an advocate and solicitor is suspended from practice, he shall, within twenty-one days from the material date, satisfy the Bar Council that he has made suitable arrangements for making available to his client or to some other advocate and solicitor or advocates and solicitors instructed by his client or by himselfโ€” (a) all deeds, wills, documents constituting or evidencing title to any property, papers, books of account, records, vouchers and other documents in his or his firmโ€™s possession or control, or relating to any trust of which he is the sole trustee or co-trustee with one or more of his partners, clerks or servants; and (b) all sums of money due from him or his firm to, or held by him or his firm on behalf of, his clients or subject to any such trust as aforesaid. (3) If he fails so to satisfy the Bar Council, the said Schedule shall apply in relation to him. (4) In subsection (2), the expression โ€œthe material dateโ€ means the latest of whichever of the following datesโ€” (a) the date when the order of the *Disciplinary Committee or of the Court by or in pursuance of which the advocate and solicitorโ€™s name is removed from, or struck off, the Roll, or the advocate and solicitor is suspended from practise, is to take effect; (b) the last date on which an appeal against the order in paragraph (a) may be lodged; (c) the date on which an appeal under paragraph (b) is dismissed or abandoned. (5) In this section and in the Schedule, the words โ€œtrustโ€ and โ€œtrusteeโ€ have the same meanings as in subsection 78(6). *See Footnote on โ€œDisciplinary Committeeโ€ or โ€˜Inquiry Committeeโ€™ under paragraph 33(1)(d)

Read this section in the full act โ†’ ยท Open Part VI โ†’

Find Act 166 on lom.agc.gov.my โ†—

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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