Legal Profession Committee

Legal start-up’s services scrutinised by Malaysian Bar

I was quoted by The Star newspaper on the entry of Dragon Law, a Hong Kong based company providing access to legal documents and legal access, into Malaysia.

“Intellectual Property lawyer Foong Cheng Leong said it would be “interesting” to see what the Bar Council, especially its Legal Profession Committee, would do.

“Dragon Law says it will refer those who use the template to a qualified lawyer. But they have to be careful as it may amount to touting for such lawyers,” he said.

To elaborate further, s. 37(3) of the Legal Profession Act 1976 (LPA) which prohibits touting for law firms. S37(3) of the LPA provides the following:-

(3) Any unauthorized person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor shall be guilty of an offence under this subsection:

Provided that this subsection shall not apply to any person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor pursuant to a lawful contract of indemnity or insurance.

The Malaysian Bar is entitled to file an injunction against any person who contravenes s. 37 of the LPA and this was confirmed recently by the Federal Court in Bar Malaysia v. Index Continent Sdn Bhd [2016] 2 CLJ 545.

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