Our earlier Circular No. 28/2022 here on the above matter refers.
As stated therein the Committee had vide letter dated 21.6.2022 to PTG reiterated our objection to Enclosure B11 (in particular the “Surat Akuan”) on grounds amongst others, that lawyers or law firms cannot be asked to vouch for genuineness or accept responsibility over documents that were not prepared by them; that it is not feasible and beyond lawyers’ duty to provide any form of guarantee/undertaking to PTG that all the documents presented are genuine and not a product of fraud/forgery when the documents had not originated or made by the lawyer/law firm concerned; and the Committee’s concern over potential breach of the recent Bar Council Ruling 14.28 (see Bar Council Circular 156/2022 dated 3.6.2022 here) (which could cause serious prejudice to members defence in the event of any claims arising from the said guarantee/undertaking). PTG was strongly urged to reconsider the application of Lampiran B11 or the Akuan therein on lawyers/law firms. However there has been no response till to date from PTG to our said letter.
In further effort to resolve the matter and in view of the implementation date of 1.7.2022, the Committee vide letters dated 28.6.2022 to the Pengarah Tanah dan Galian Johor and Penasihat Undang-undang Negeri Johor respectively had also requested for an urgent meeting with both parties to discuss this matter so that our objections can be further appreciated and for a reconsideration by PTG. The Committee is still waiting for their response to our said urgent letters.
The Committee will continue to attempt to resolve this matter amicably. In view of potential legal implications of such guarantee/undertaking and in order to protect members’ interest, the Committee will consider all means to resolve this matter including if need be, to seek a determination by the Court on this issue.
In the meanwhile, members are urged to exercise caution when it comes to requests for such guarantee/undertaking.
Thank you.
R JAYABALAN
CHAIRMAN