Following a recent meeting with the Court, members are advised as follows:
- E-review: We have been informed that there were many instances where members have not log-in on time or failed to log-in at all resulting in the Court having to call the firms concerned to remind the lawyers of the e-review or the e-review being extended to the following day due to the non-attendance of lawyers. Members are therefore advised to attend e-reviews on time at 9:00 a.m. and to be ready with the necessary particulars on the status of the case as may be required by the Court.
We have also requested that if the judicial officer concerned is in open court or attending to chamber matters and unable to start the e-review on time, a message to be left in the e-review on the tentative starting time so that members could attend to other matters in the interim.
2. Attendance for criminal cases: In cases where the defence lawyers are no longer acting for the accused, the lawyers are requested to attend and inform the Court accordingly. Alternatively, lawyers are requested to send a letter to Court early informing that they are no longer acting for the accused and would not be attending Court. This is so that the Court is made aware early of the status of legal representation of the accused and able to provide the necessary direction to the accused in respect of the conduct of proceedings and to avoid unnecessary postponements.
3. Social media postings on proceedings: Instances of lawyers making announcements or postings about their case or decisions are now prevalent on social media. When making such postings members are requested to be cautious and mindful of the provisions of the Legal Profession (Practice and Etiquette) Rules 1978 and the Legal Profession (Publicity) Rules 2001 and the Rulings issued by the Bar Council. Members are reminded to ensure adherence with the said rules as non-compliance with the rules could amount to ‘misconduct’ under the Legal Profession Act 1976 resulting in disciplinary proceedings. Members are also requested to be cautious of postings or comments that could possibly amount to contempt of court.
4. Dress code for lawyers and parties: Following concerns raised by the Court, members are reminded again to comply with the dress code for lawyers for court attendance as stated in the Bar Council Circular No. 267/2019 that referred to the circular dated 1.11.2000 issued by the Federal Court. Lawyers are also reminded to advise their client and/or witnesses to dress appropriately and in accordance with the notice issued by the Chief Registrar’s Office of the Federal Court as maybe seen here.
5. Filing of agreed bundle of documents: The Court is concerned that there are cases where parties have not complied with the case management directions and the filing datelines. There are also cases where parties have failed to file agreed bundle of documents (under Part A, B and C) in accordance with O. 34 r. 2(2) of the Rules of Courts 2012 and instances of documents such as formal/official documents being placed in Part C without reasonable grounds. Members are reminded to ensure compliance with the case management directions timeously. Members are also requested to prepare the agreed bundle of documents as reasonably as they can so as to reduce the issues and the number of witnesses to be called in order to expedite the proceedings.
We have also raised with the Court several issues that were brought to our attention by members amongst others, the directions in respect of the place of filing/hearing of joint petitions for divorce, extraneous requirements in respect of filing/registration of new cases under the EFS, disclosure of ex parte applications in the EFS, fixing of long trial dates in respect of child sexual offences and limited seating capacity for lawyers at the remand court. The Court have taken note of our concerns and we have been informed that these matters will be checked and attended to accordingly. Thank you.
R JAYABALAN
CHAIRMAN