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New Ruling: Building Named after Law Firm (Circular No 124/2016)

Circular No 124/2016
Dated 25 May 2016

To Members of the Malaysian Bar

  New Ruling: Building Named after Law Firm

Pursuant to section 57(a) of the Legal Profession Act 1976, the Bar Council has adopted the following ruling proposed by its Legal Profession Committee:

Bar Council Ruling 2.07 | Building Named after Law Firm

An Advocate and Solicitor shall not use, or permit or acquiesce to the use of, the name of his/her law firm or part of the name of his/her law firm as the name of a building.

The Bar Council is aware that several buildings in Peninsular Malaysia bear the names (or part of the names) of law firms. 

When such issues arose previously, the Bar Council required the law firms to take steps to comply with Bar Council Ruling 5.13 (entitled “Solicitor’s name not to appear on signboard of another person”) and the exception contained in Ruling 5.13A.   

The Bar Council is implementing a specific ruling on this matter, as it is of the view that the existence of a building that bears the name (or part of the name) of a law firm creates an unfair advantage among legal practitioners, in terms of publicity.  It also circumvents the spirit and intention of the Legal Profession (Publicity) Rules 2001.

Naming, or permitting or acquiescing to the naming, of a building after a law firm or part of a law firm’s name, may be tantamount to conduct incompatible with the dignity of the legal profession, owing to the disparity in publicity.

Please note that the ruling will take effect on 1 Aug 2016 (Monday).

Members of the Bar — particularly any Member whose law firm’s name is used, in whole or in part, as the name of a building — are requested to ensure compliance with Bar Council Ruling 2.07 by the stipulated date.

For enquiries, please contact Marianna Laureen Tan, Executive Officer, by telephone at 03-2050 2086, or by email at ml.tan@malaysianbar.org.my.

Thank you.

Karen Cheah Yee Lynn
Secretary
Malaysian Bar