Circular No 233/2021
Dated 14 June 2021

To Members of the Malaysian Bar and pupils in chambers

UPDATE (14 June 2021) | Operation of Law Firms During “Total Lockdown”: Bar Council’s Proposal to Relax the SOP for Law Firms

We refer to Circular No 218/2021 entitled “Update (7 June 2021) | Operation of Law Firms During “Total Lockdown Phase 1” — BHEUU SOP” dated 7 June 2021, and the Government’s decision to extend the Total Lockdown until 28 June 2021.

Having considered the issues raised by Members, including the effect the Total Lockdown has had on revenue while outgoings continue to be met regardless, following its decision in its meeting on 12 June 2021, the Bar Council has proposed to the National Security Council (Majlis Keselamatan Negara, “MKN”) and the Legal Affairs Division of the Prime Minister’s Department (Bahagian Hal Ehwal Undang-Undang Jabatan Perdana Menteri, “BHEUU”) a set of Standard Operating Procedures (“SOP”) which would suit the legal industry better. 

The proposed SOP includes the following:

(1) The current SOP for lawyers attending criminal matters in Court be maintained, according to what is provided for here; and
(2) All law firms be allowed to operate, based on the conditions below:

(a) working hours be limited to half a day;
(b) maximum capacity of 50% workforce in office be allowed at any one time;
(c) authorisation letters issued by the firm for its employees to travel to their workplace be accepted as sufficient, without the need for a MITI (Ministry of International Trade and Industry) approval letter; and
(d) strict compliance with the SOP to be set.

Additionally, it was also highlighted to MKN and BHEUU that the closure of law firms may prejudice clients’ rights, given that certain Government departments and agencies are still operating and dealing with law firms in legal matters that are ongoing.

We have been informed by BHEUU that the formulation of SOP is a matter of national policy that requires the collective decision of the relevant authorities / ministries, specifically MKN.

In the meantime, Members who wish to attend to administrative matters may apply for permission to do so from the police as stipulated in paragraph 4 of “Kenyataan Media Ketua Polis Negara”.

The Bar Council is doing its utmost to get the SOP revised; pending such revision, Members are advised to comply with the BHEUU SOP dated 7 June 2021, also available in Circular No 218/2021.

Members will be kept informed of developments.

Thank you.

Shahareen Begum
Secretary
Malaysian Bar

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