Circular No 211/2021
Dated 4 June 2021

To Members of the Malaysian Bar and pupils in chambers

UPDATE (4 June 2021) | Operation of Law Firms
During “Total Lockdown Phase 1”

A nationwide Total Lockdown Phase 1 (“the Lockdown”) was announced by the Prime Minister on 28 May 2021 for a period from 1 June to 14 June 2021.

The Lockdown is a direct consequence of the spike in COVID-19 cases in the country, reaching frightening daily highs, in the number of infections as well as deaths in recent days.  World Health Organization (“WHO”) Science Council Member, Prof Datuk Dr Adeeba Kamarulzaman, quoting a study by the Institute of Health Metric and Evaluation of the University of Washington, stated that the cumulative COVID-19 death toll in our country may reach 26,000 by September this year; the current cumulative death toll stands at 2,993 as of 2 June 2021.  2 June also saw the highest number of fatalities at 126.  Variants of a greater virulence have emerged, and those infected being asymptomatic.

Strict Standard Operating Procedures (“SOPs”) have been put in place in the nation’s battle against a surging third wave of the pandemic.  Our Director-General of Health, Tan Sri Dr Noor Hisham Abdullah, expects the number of daily COVID-19 cases to increase to 13,000 by 14 June 2021, should SOPs not be observed strictly.

After deliberation, on 2 June 2021, the Bar Council, cognisant of the alarming state of things, conveyed its decision to Bahagian Hal Ehwal Undang-Undang Jabatan Perdana Menteri (“BHEUU”) (Legal Affairs Division of the Prime Minister’s Department), as follows:

(1) full support of the Lockdown as implemented and enforced by the National Security Council (Majlis Keselamatan Negara, “MKN”);
(2) notwithstanding this, lawyers must be permitted to appear in court to represent clients in cases involving fresh charges, remand order applications, criminal applications and any civil / criminal applications filed on a certificate of urgency;
(3) YBGK (Yayasan Bantuan Guaman Kebangsaan or National Legal Aid Foundation) lawyers on duty or lawyers attending to the proceedings mentioned in (2) above should not be required to obtain a police permit to appear in court; a letter from the Bar Council for the former and a letter from the employer / firm for the latter, should suffice;
(4) said lawyers be permitted to go to their office to take the required files and prepare for their matters as needed.

The Bar Council is deeply concerned about the safety and wellbeing of Members.  Going into Lockdown, especially when it looked like we, as a nation, were well on our way to normalcy, is undeniably frustrating, to say the least.  However, this is a necessary step we must take collectively if we are to survive the pandemic.  The stricter we are in our observance of SOPs, the quicker we will see recovery.  Embracing the Lockdown is the only option for recovery.

The Bar Council is fully aware of the fluid situation we are in, and will be conducting surveys with members (for employers, legal assistants, and pupils, respectively) and will advocate all best available options to the respective authorities for us to return to normalcy, soonest.

We had hoped to update Members on BHEUU’s finalised SOPs applicable to the operation of legal firms by today, but we have not, as of the time of issuance of this circular, been notified of the same.  We will keep you informed the moment we receive it.

Stay safe.

Thank you.

Shahareen Begum
Secretary
Malaysian Bar

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