LEGAL PROFESSION (PUBLICITY) (AMENDMENT) RULES 2009 [P.U.(A) 176/2009]
IN exercise of the powers conferred by subsection 77(1) of the Legal Profession Act 1976 [Act 166], the Bar Council, with the approval of the Attorney General, makes the following rules:
1. Citation
These rules may be cited as the Legal Profession (Publicity) (Amendment) Rules 2009.
2. Amendment of rule 2
The Legal Profession (Publicity) Rules 2001 [P.U.(A) 345/2001] which are referred to as the “principal Rules” in these Rules, are amended in rule 2 in the definition of “approved information”—
(a) by deleting the word “and” at the end of paragraph (q) and
(b) by inserting after paragraph (q) the following paragraphs:
“(aa) information on completed cases handled by the Advocate and Solicitor or by Advocates and Solicitors practising in the firm or by the firm subject to the prior written consent of the clients and the duty of confidentiality owed to such clients;
(ab) names of persons who are or have been the Advocate and Solicitor’s or the Advocates and Solicitors’ clients or the firm’s clients subject to the prior written consent of such persons; and;”.
3. Amendment of the rule 5
Rule 5 of the principal Rules is amended—
(a) in subparagraph (l)(b)(ii) —
(i) by deleting the words “any case in which he or any other Advocate and Solicitor practising in his firm had acted for any party to the case, including”; and
(ii) by substituting for the words “or them” the words “or his firm”; and
(b) by deleting subparagraph (l)(b)(iii).
4. Amendment of rule 8
Rule 8 of the principal Rules is amended by substituting for subrule (1) the following subrule:
” (1) An Advocate and Solicitor may publicize his practice or the practice of his firm by inserting an advertisement—
(a) in any one or more of the legal or non-legal publications approved in writing by the Bar Council;
(b) in any other publication which appearance and contents are befitting the dignity of the legal profession; or
(c) in such other media as are permitted by these Rules.”.
5. Amendment of rule 12
Rule 12 of the principal Rules is amended by substituting for paragraph ()(d) the following paragraph:
“(d) any person with whom he has or may have professional dealings provided that the distribution be done discreetly and in a manner which is befitting the dignity of the legal profession.”.
6. Amendment of rule 13
Rule 1.3 of the principal Rules is amended by substituting for paragraph (2)(d) the following paragraph:
“(d) any person with whom he has or may have professional dealings provided that the distribution be done discreetly and in a manner which is befitting the dignity of the legal profession.”.
7. Amendment of rule 18
Rule 18 of the principal Rules is amended by inserting after subrule (2) the following subrule:
“(2A) NO Advocate and Solicitor or his firm shall advertise or endorse the goods, products, projects of or services provided by any person whether or not such person is his client.”.
Made 26 December 2008
[BC-L3-2008; PN(PU2)314/XI]Dato’ Ambiga Sreenevasan
Chairman of the Bar CouncilApproved
Dated 24 April 2009
Tan Sri Abdul Gani Patail
Attorney General