PROFESSIONAL

ETHICS
Datuk Ng Kong Peng
Messrs K.P. Ng & Amardas
 Make crime pay – become a lawyer

 Lawyers are like rhinoceros – thick-skinned, short-sighted & always ready to

charge

 If you throw a lawyer into the sea, sharks won’t attack him, sharks won’t
attack their own kind

 Everyone says they hate lawyers, and yet I’ve never met a parent who didn’t
want their kids to be a lawyer

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 WHAT IS ETHICS?
 Ethic as defined by the Oxford Dictionaries…

“Moral principles that govern a person’s behaviour or the conduct

of an activity”

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 The word “Ethics” evolved from the Greek words “ethos” denoting
personal character

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ARE ETHICS
RELEVANT?
PURPOSE OF ETHICAL
PRINCIPLES
 Protect independence

 Ensure proper conduct of legal work

 Prevent profession from becoming a mere business or trade

 Regulate the profession

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THE PRACTICE AND
ETIQUETTE RULES
The Practice and Etiquette Rules can be conveniently be divided into several
categories of rules:

1. Rules that govern conduct between lawyers

2. Rules that govern conduct towards judges and the courts
3. Rules that govern conduct toward clients
4. Rules that govern conduct in the interest of justice
5. Rules that govern conduct in the interest of the profession as a whole

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 CONDUCT
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BETWEEN
LAWYERS
 RULE 31 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
Rule 31. Advocate and solicitor to uphold dignity of profession
Every advocate and solicitor shall at all times uphold the dignity and
high standing of his profession

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 RULE 32 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
32. Client’s feeling not to influence conduct of counsel

The feeling existing between client shall not be allowed to influence counsel in
their conduct and demeanour towards each other or towards parties and their
witnesses in the case

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 RULE 42 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
42. Advocate and solicitor not to communicate with a person represented by
another advocate and solicitor

An advocate and solicitor shall not communicate with a person upon any matter
in respect of which, to his knowledge, that person is represented by another
advocate and solicitor except with the other’s express consent

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 RULING 14.01 OF THE RULES
AND RULINGS OF THE BAR
COUNCIL MALAYSIA
Ruling 14.01 Courtesy

1) An advocate and solicitor calling another advocate and solicitor on the telephone
should be on the line first and ready to speak once the call is put through.
2) An advocate and solicitor must promptly reply to correspondence from other
advocates and solicitors, the Bar Council, State Bar Committee, clients and
former clients.
3) An advocate and solicitor or his/her firm must accept all correspondence from
another advocate and solicitor or another firm.

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CONDUCT
TOWARDS COURT
 Punctuality

 Always do your very best to be punctual, or at least have a good excuse

if you are even slightly late.
 Generally, it is not appropriate to be late for one matter because you are
held up attending to another case.
 Where possible, always send a replacement on your behalf. Ideally it
should be someone who is familiar with the case, but at the very least,
send someone who can inform the Court of your other commitments,
and seek an adjournment, if necessary.

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Courtroom etiquette

Proceedings in Chambers
 Be in court before 9 a.m.
 Record your appearance with the Court Clerk/interpreter
 When in chambers, wish the Judge “good morning”
 Introduce parties
 Your client may not attend in chambers, unless you have the Judge’s permission for the
client to be present.
 If the hearing is going to take a long time, inform the Judge before you start, so that other
matters that require less time can be dealt with earlier, if the Judge so chooses.
 There is no need to bow upon entering or leaving chambers.
 It is customary to wish the Judge “good day” before you leave.

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 Addressing the Court

 Speak clearly, slowly and calmly.

 My Lord, I am ... appearing for the Plaintiff and my learned friend Mr ... appears for the
Defendant.
 "I respectfully invite My Lord’s attention to” or "May it please the Court...".
 Never say to a Judge, "Your attention is invited to …” because you are not addressing the
Judge himself.
 It is acceptable to say, "My Lord, the Court's attention is invited to ...,“.
 If the Court does something that you believe is unfair or wrong, the proper corrective
response would be to object, or to make a verbal or written motion. Do not use slang, or
make facial or verbal gestures, and never argue with the Judge.
 It is also improper to give a document directly to a Judge or witness without first asking for
permission to do so.

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Address the Judge

 The Chief Justice and the Chief Judges of Malaya and Sabah and Sarawak: `Yang Amat
Arif’.
 Superior Courts: `My Lord’ or `My Lady’’ or Yang Arif
 Sessions Court: Tuan/Puan Hakim
 Magistrates Courts: `Tuan/Puan Magistrate’ or just simply `Tuan/Puan’;
 Registrars: `Tuan/Puan’
 When appearing before a Court made up of more than one Judge you may say
 "If the Court pleases …", or
 "If it pleases the Bench …", or
 “May it please Your Lordship”

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 Stand up / sit down

 Whenever you address the Judge, you must stand.

 Should opposing Counsel stand to make a submission during the course of your address, you should sit down -
`yielding the floor’.

Decorum
 When someone is addressing the Court and has the floor, he is entitled to be fully and fairly heard.
 You should, during this time, remain still. Nodding or shaking your head, talking to others, shuffling papers, or
otherwise distracting the Court is a grave violation of Court decorum.
 It is acceptable to take notes when another is talking, but do so quietly and without causing a distraction.

 Rule 18 Legal Profession (Practice & Etiquette) Rules 1978

“The conduct of an advocate and solicitor before the Court and in relation to other advocates and solicitors shall be
characterised by candour, courtesy and fairness.”

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Court attire and dress

 Rule 21 Part H Rulings of the Bar Council 1997

 Open Court matters in HC, COA, FC
 Gentleman
 Shirt: White (long/short sleeves) with white wing collars and bands
 Slacks: Black/navy blue/dark grey. Stripes acceptable
 Jacket: Black. No brass buttons
 Socks: Black/navy blue/dark blue
 Shoes: Black/navy blue/dark grey
 Robe: Black

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 Ladies

 Blouse: White (long/short sleeves) with white wing collars and bands
 Skirt length: below the knees
 Skirt colour: Black/navy blue/dark grey (stripes acceptable)
 Trousers: dark not-body-hugging trousers.
 Traditional attire: Subtle floral patterned prints in the above colours are permitted.
 Jacket: Black. No brass buttons
 Nylons (optional): Skin-tones only
 Shoes: Black / navy blue / dark grey. No sandals
 Robe: Black
 Head-dress: Black/navy blue/dark grey/white. Subtle floral patterned prints permitted.

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 RULE 5 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
5. No advocate and solicitor to accept brief if difficult to maintain professional independence

a) No advocate and solicitor shall accept a brief if such acceptance renders or would render it
difficult for him to maintain his professional independence or is incompatible with the best interest
of the administration of justice.
b) (i) An advocate and solicitor who has at any time advised or drawn pleading or acted for a party in
connection with the institution or prosecution or defence of any suit, appeal or other proceedings
shall not act, appear or plead for the opposite party in that suit, appeal or other proceedings.
(ii) An advocate and solicitor shall not act unless the consent of the first party for whom the
advocate and solicitor acted is obtained in writing and the advocate and solicitor is not
embarrassed by so acting.

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 CONDUCT
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TOWARDS THE
CLIENT
 RULE 55 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
55. Advocate and solicitor’s lien

Except by way of securing his first to a lien, an advocate and solicitor shall not
otherwise withhold the client’s papers to the detriment of the client

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 CONDUCT IN THE
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INTEREST OF
JUSTICE
 RULE 16 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
16. Advocate and solicitor to uphold interest of client, justice and dignity of
profession.

An advocate and solicitor shall while acting with all due courtesy to the tribunal
before which he is appearing, fearlessly uphold the interest of his client, the
interest of justice and dignity of the profession without regard to any unpleasant
consequences either to himself or to any other person.

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 RULE 28 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
28. Advocate and solicitor not to appear in a case where he is a witness

a) An advocate and solicitor shall not appear in Court or in Chambers in any case in which he
has reason to believe that he will be a witness in respect of a material and disputed question
of fact, and if while appearing in a case it becomes apparent that he will be such a witness,
he shall not continue to appear if he can retire without jeopardising his client's interests.
b) An advocate and solicitor shall not appear before an appellate tribunal if in the case under
appeal he has been a witness on a material and disputed question of fact in the Court below.
c) These rule does not prevent an advocate and solicitor from swearing or affirming an
affidavit as to formal or undisputed facts in matters in which he acts or appears.

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 CONDUCT
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TOWARD THE
PROFESSION
 RULE 44 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
44. Advocate and solicitor not to actively carry on any trade

a) An advocate and solicitor shall not actively carry on any trade which is declared
by the Bar Council from time to time as unsuitable for an advocate and solicitor to
engage in or be an active partner or a salaried officer in connection therewith.
b) An advocate and solicitor shall not be a full-time salaried employee of any person,
firm (other than advocate and solicitor or firm of advocates and solicitors) or
corporation so long as he continues to practise and shall on taking up any such
employment, intimate the fact to the Bar Council and take steps to cease to
practice as an advocate and solicitor so long as he continues in such employment.
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 RULE 51 & 52 OF THE LEGAL
PROFESSION (PRACTICE &
ETIQUETTE) RULES 1978
51. Advocate and solicitor not to do or cause touting
An advocate and solicitor shall not do or cause or allow to be done, anything for the purpose of touting directly or
indirectly, or which is calculated to suggest that it is done for that purpose.

52. No division of costs or profits with unqualified person

It is unprofessional and improper conduct-
a) for an advocate and solicitor to divide or agree to divide either costs received or the profits of his business with
any unqualified person;
b) for an advocate and solicitor to pay, give, agree to pay or agree to give any commission, gratuity or valuable
consideration to any unqualified person to procure or influence or for having procured or influenced any legal
business and whether such payment, gift or agreement be made under pretext of services rendered or otherwise,
but this rule does not prohibit the payment of ordinary bonuses to staff;
c) for an advocate and solicitor to accept or agree to accept less than the scale fees laid down by law in respect of
non-contentious business carried out by him except for some special reason where no charge at all is made.
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 RULES AND
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RULINGS OF THE
BAR COUNCIL
MALAYSIA
 RULING 4.02 OF THE RULES
AND RULINGS OF THE BAR
COUNCIL MALAYSIA
4.02 Persons permitted to carry name card

1) Advocates and Solicitors are permitted to carry name cards.

2) No employee, agent or pupil of a firm who is not an Advocate and Solicitor shall be
permitted to use a name card printed with the name of the firm concerned or the
words “Advocates and Solicitors” or “Lawyer”.
Provided that management staff are allowed to carry name cards bearing the law
firm’s name, address and contact particulars wherein the designation or position of
that staff is clearly stated so that the staff is not mistaken to be an Advocate and
Solicitor.
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RULING 5.02(3) OF THE RULES
AND RULINGS OF THE BAR
COUNCIL MALAYSIA
5.02 Notices

3) Congratulatory/condolence message by law firm

The name of a law firm without the description “Advocates and Solicitors” may
be published in a congratulatory or condolence message to a person or company.
An Advocate and Solicitor may publish such congratulatory or condolence
message in his/her personal capacity without the description “Advocate and
Solicitor”.

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 RULING 5.07 OF THE RULES AND RULINGS
OF THE BAR COUNCIL MALAYSIA
5.07 Solicitors not to be present at developer’s offices as Solicitors
Solicitors shall not be present by themselves as Solicitors or be represented by their pupil(s) or clerk(s) at the
launch/promotional sites or booking/sales/registration offices (“Sites(s)”) of any property developers, including and not limited
to housing developers under the Housing Development (Control and Licensing) Act 1966 where units are sold or offered for
sale unless:
(a) the Solicitors:
(i) are acting for the developer in the sale of the units under and pursuant to written retainer(s) from the developer; and
(ii) shall have displayed at a conspicuous part of the Site(s) easily visible to the public attending at such Site(s), a notice
measuring 45m by 75 cm making known to the public that the Solicitors are acting for the developer in the sale of the
units; and
(iii) shall notify the purchaser(s) of their right to appoint their own Solicitors to act for them in their purchase of the unit(s)
as Solicitors are not permitted to act for the purchaser(s); and
(iv) shall not, under any circumstances act for the purchaser.
OR
b) the Solicitors are requested to accompany their purchase client(s) under and pursuant to prior written retainer(s) from their
purchaser client(s). 33
 RULING 10.09 OF THE RULES
AND RULINGS OF THE BAR
COUNCIL
10.09 Contract of or for service
MALAYSIA
A master shall not, under any circumstance, enter into any contract of or
for service, with his/her pupil.

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 RULING 14.02 OF THE RULES AND RULINGS
OF THE BAR COUNCIL MALAYSIA
14.02 Signing of letters
(1) Subject to paragraphs (2), (2a) and (3) of this Ruling, all letters, correspondence or communications
issued or sent out on a law firm’s letterhead must be signed by an Advocate and Solicitor having a
current practising certificate. In particular but without affecting the generality of the foregoing, it is
improper to issue or send an unsigned demand notice (whether computer-generated or otherwise).
(2) Any letter, correspondence or other communication which is purely administrative in nature and does
not contain any advice on law, may be signed by a duly authorised person other than an Advocate and
Solicitor. The name and designation of the signatory shall be stated below the signature.
(2a) Computer-generated reminders in respect of unpaid bills need not be signed.
(3) All correspondence from an Advocate and Solicitor or his/her office shall bear the complete postal
address for service, as well as the telephone and facsimile numbers of the principal office and if such
correspondence is from a branch office, the complete postal address as well as the telephone and
facsimile number of that branch office.
(4) A duly authorised person may sign receipt on behalf of the firm.
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THE END