Circular No 008/2019
Dated 15 Jan 2019

To Members of the Malaysian Bar           

Amendment to Ruling 14.23 of the Rules and Rulings of the Bar Council

Pursuant to section 57(a) of the Legal Profession Act 1976, the Bar Council has amended Ruling 14.23, as proposed by the Bar Council Legal Profession Committee.

The amendments to Ruling 14.23 are as marked below:

Bar Council Ruling 14.23: Payment for introducing clients

The acceptance by an Advocate and Solicitor (“Introducer”) of any form of payment (such as commission) from another Advocate and Solicitor any person merely for introducing clients to the other Advocate & Solicitor such person without the provision of legal services by the Introducer, is tantamount to touting on the part of the Introducer.  Likewise, an Advocate and Solicitor shall not make any form of payment to an Introducer any person for introducing clients to such Advocate and Solicitor.

Provided that this Ruling shall not prohibit the sharing of fees and costs by an Advocate and Solicitor with a qualified person, for legal services rendered by the Advocate and Solicitor.

Please be informed that the amended Ruling takes effect immediately.

The revised Ruling 14.23 therefore reads as follows:

Bar Council Ruling 14.23: Payment for introducing clients

The acceptance by an Advocate and Solicitor (“Introducer”) of any form of payment (such as commission) from any person merely for introducing clients to such person without the provision of legal services by the Introducer, is tantamount to touting on the part of the Introducer.  Likewise, an Advocate and Solicitor shall not make any form of payment to any person for introducing clients to such Advocate and Solicitor.

Provided that this Ruling shall not prohibit the sharing of fees and costs by an Advocate and Solicitor with a qualified person, for legal services rendered by the Advocate and Solicitor.

The Rules and Rulings of the Bar Council are accessible here on the Malaysian Bar website.

Should you have any enquiries, please contact Malathi Mohan, Senior Officer, by telephone at 03-2050 2150, or by email at malathi@malaysianbar.org.my.

Thank you.

Roger Chan Weng Keng
Secretary
Malaysian Bar