If you feel that your lawyer has been dishonest or fraudulent in the conduct of your matter, or that he has failed to discharge his duty to you in a professional manner, you may lodge a complaint with the Disciplinary Board.
Disciplinary Board
Lembaga Tatatertib Peguam-Peguam
Advocates & Solicitors Disciplinary Board
The Disciplinary Board is the body which has power to take action against a lawyer for misconduct. The Board functions independently of the Bar Council.
8th & 9th Floor, Wisma Maran
28 Medan Pasar
50050 Kuala Lumpur
Malaysia
Tel: (603) 2034 1911
Fax: (603) 2031 2163
Email: secretariat@asdb.org.my
The Bar Council may assist the Board in some disciplinary matters. The Council also handles enquiries from members of the public regarding complaints against lawyers.
Malaysian Bar Council
Complaints and Intervention Department
For queries regarding complaints against lawyers
No. 15, Leboh Pasar Besar
50050 Kuala Lumpur
Malaysia
Tel : (603) 2050 2160/ 2159
Fax : (603) 2034 2487
Email: complaints-intervention@malaysianbar.org.my
DISCIPLINARY PROCEDURE
- STAGE 1: Investigating TribunalÂ
A complaint must be made in writing to the Disciplinary Board.After receiving a complaint, the Board will review the complaint. If the Board thinks that there are merits in the complaint, it will form an Investigating Tribunal to look into the complaint. The Tribunal will report to the Disciplinary Board whether a formal investigation is necessary.
- STAGE 2: Disciplinary CommitteeÂ
The Disciplinary Board will consider the Investigating Tribunal’s report and decide whether a formal investigation is necessary. If the Board thinks that a formal investigation is necessary, it will then form a Disciplinary Committee to hear and investigate the matter.The Disciplinary Committee will hold a hearing of the matter. Both the complainant and the lawyer concerned must be present at the hearing. Either party may be represented by a lawyer at the hearing.
- Disciplinary actionÂ
After hearing and investigating the matter, the Disciplinary Committee may recommend to the Disciplinary Board whether disciplinary action should be taken against the lawyer concerned. The Committee may recommend that the lawyer be reprimanded, fined, suspended from practice for a period of time or struck off the Roll.The Disciplinary Board will make its own decision based on the recommendations.
- AppealsÂ
If the complainant or the lawyer concerned is dissatisfied with the decision of Board, he may appeal to the High Court. From the High Court, a dissatisfied party may file a final appeal to the Federal Court.
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