Circular No 220/2021
Dated 8 June 2021

To Members of the Malaysian Bar

Rule 30 of the Legal Profession (Practice and Etiquette) Rules 1978

The Bar Council Legal Profession Committee (“LPC”) has been receiving complaints regarding the issue of Members of the Bar and pupils wearing robes and posting photos of the same on social media for publicity purposes.

We wish to refer Members to Rule 30 of the Legal Profession (Practice and Etiquette) Rules 1978 (“LPPER”) which provides:

Rule 30. Advocate and solicitor appearing as party or witness not to wear robes.

(a) An advocate and solicitor who appears in person as a party or who is in the witness box shall not wear robes.

(b) An advocate and solicitor appearing before Courts Martial may appear either in uniform (if he is entitled to do so) or in robes.

(c) Except on such ceremonial occasions and at such places as the Bar Council or the Court may prescribe, an advocate and solicitor shall not wear bands or robes in public places other than in Court or whilst travelling to or from Court.

Click here to view Rule 30 of the LPPER on the Malaysian Bar website.

Below is the list of situations for Members and pupils to take note of:

(1) Members are not allowed to wear robes outside the Court room;
(2) Members are not allowed to take photographs of wearing robes inside and/or outside the Court room and post it on social media;
(3) Members are not allowed to upload photographs and/or video of virtual hearing where the Member is in robes;
(4) Pupils are allowed to take photographs after being called to the Bar, for keepsake/memento.  They are also allowed to upload the photos on social media.  However, the photos should not be used to attract clients and/or for publicity purposes; and
(5) Photographs of Members wearing robes are not allowed to be uploaded on the firm’s website.

Kindly take note that the above is not an exhaustive list.

We wish to also draw your attention to Rule 24 of the Legal Profession (Publicity) Rules 2001 (“Publicity Rules”) which provides:

Rule 24. Responsibility of Advocate and Solicitor in relation to publicity concerning him.

(1) An Advocate and Solicitor shall be responsible, in so far as it is or should be within his control, to ensure that any publicity relating to his practice or the practice of his firm is done in accordance with these Rules, whether such publicity is done by him, his employee or any other person on his behalf.

(2) Where an Advocate and Solicitor becomes aware of any impropriety in any publicity relating to his practice or the practice of his firm, he shall be responsible, in so far as it is or should be within his control, to use his best endeavours to rectify or withdraw the publicity, and he shall at all times ensure that the Bar Council is informed in writing as regards such matter.

(3) Where it appears to the Bar Council that any publicity relating to the practice of an Advocate and Solicitor or his firm is contrary to these Rules, it may, without prejudice to its powers under the Act, after making due inquiry regarding the publicity, order the Advocate and Solicitor or his firm, or both to alter, modify, withdraw, remove or discontinue the publicity.

(4) The responsibility of an Advocate and Solicitor under this rule shall not be delegable.

Members have the obligation to comply with the requirement of Rule 24 of the Publicity Rules.

Members are reminded to strictly adhere to Rule 30 of the LPPER and Rule 24 of the Publicity Rules.

While online advertisements and publicity are allowed, Members are required to adhere to the Publicity Rules, and the Rules and Rulings of the Bar Council.

Should you have any enquiries, please contact Malathi Mohan (03-2050 2150), Raz Ida Nadira Razali (03-2050 2090), Dhyana Sivabalan (03-2050 2094) or Md Faizal b Mahat (03-2050 2088), or send an email to lpc@malaysianbar.org.my.

Thank you.

Shahareen Begum
Secretary
Malaysian Bar

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