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KUALA LUMPUR: The Malaysian Bar president has issued a scathing statement for the second time in two months condemning some unethical lawyers’ practices and warning of severe punishment for lawyers who “breach public trust”.
“We condemn this conduct in the strongest and clearest terms,” said Mohamad Izri Abdul Wahab in a statement on Friday (Aug 16), referring to the Malaysian Bar’s stance against dishonesty and fraudulent behaviour by some of its members.
The Malaysian Bar is the professional body responsible for regulating the legal profession in Malaysia.
Earlier, Bukit Aman Commercial Crime Investigation Department (CCID) director Ramli Mohamed Yoosuf said on Aug 13 that a total of 33 criminal breach of trust (CBT) cases involving lawyers were reported nationwide last year.
The cases resulted in losses of more than RM33 million (US$7.4 million).
Ramli warned that the number of criminal cases involving such crimes is expected to increase, with losses exceeding RM20 million so far this year.
According to Bernama, there were 29 CBT cases involving lawyers in 2022, with a total loss of RM13 million.
However, Ezri said in his statement on Friday there appeared to be a “worrying trend” that was unfairly undermining the role of lawyers in society.
“The focus has shifted away from the significant contribution lawyers make to society and towards the misconduct of a few, which has unfortunately cast a dark shadow over the entire legal profession,” he said.
Mr Ezri warned that the current economic situation, coupled with increasing social pressure on the legal profession, has brought unprecedented challenges to lawyers in Malaysia.
“In addition, the growing demand for discounts and the devaluation of legal services further exacerbate the challenges facing lawyers today.
“This trend undermines the value of the important work we do and threatens the sustainability of legal practice, particularly for small firms and sole practitioners. Legal services are not a bargainable commodity; they are essential services that require expertise, skill, and a commitment to justice,” he said.
On the 33 cases investigated by the police last year, Ezri said based on records, these included one case from Sarawak, 14 cases involving non-members of the Malaysian Bar, and eight cases where orders were issued by the Attorneys and Solicitors Disciplinary Board (ASDB) against its members.
According to its website, the ASDB is responsible for adjudicating complaints of professional misconduct against lawyers, trainee lawyers or foreign lawyers registered in the country under Section 40J of the Legal Profession Act 1976.
Izri added that the Bar Council, which is responsible for managing the affairs of the Malaysian Bar and performing its functions, has lodged six police reports since 2023 against those who pretended to be lawyers or forged documents to commit fraud and dishonesty.
He also encouraged the public to file complaints with the ASDB if they believe the actions of the lawyers concerned constitute misconduct.
Mr. Ezri said: “Dishonest attorneys are a stain on the legal profession and their misconduct undermines the integrity of the many honorable and hard-working attorneys who uphold the highest standards of our profession.”
The Malaysian Bar has issued statements over the years saying it is strict with members for dishonest or fraudulent behaviour.
According to a report by news portal Free Malaysia Today in June, two lawyers claimed that they were investigated by the Malaysian Anti-Corruption Commission (MACC) while acting as lawyers for a building management committee in a strata management case.
Ezri said at the time that they firmly opposed unethical practices and dishonesty by lawyers, but he reminded all law enforcement agencies, such as the Anti-Corruption Commission, to respect legal professional privilege and the right to legal representation.
Ezri also told FMT at the time that the Malaysian Bar had launched a new risk management solution called Elevate to address the issue of law firms misappropriating funds from client trust accounts.
In May this year, Bernama quoted CCID director Ramli as saying that the authority had received 22 reports of cases involving law firms with a total loss of RM19 million.
In November last year, police also arrested a lawyer who received RM2.7 million in proceeds from failing to transfer the ownership of land to a new buyer.
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