Reminder on Rule 59 (1) (b) of the Advocates (Practice & Etiquette) Rules, 1988
OPERASI MAHKAMAH SEMASA PELAN PEMULIHAN NEGARA (PPN) FASA 4
September 27, 2021Preparation of Records of Appeal in Criminal Appeals
November 11, 2021Reminder on Rule 59 (1) (b) of the Advocates (Practice & Etiquette) Rules, 1988
Dear Members,
We wish to remind you that Rule 59(1)(b) Advocates (Practice & Etiquette) Rules, 1988 states:
“No advocate shall maintain a branch office unless the same is continuously manned by the advocate himself or one of the partners in his firm or by an advocate and wholly employed by him or his firm”.
Pursuant to Section 12 Advocates Ordinance (Cap. 110):
“Any advocate may have his name struck off the roll of advocates, be suspended from practising in Sarawak, be fined not exceeding five thousand ringgit, be censured or be awarded costs to or against him, and any person entitled to appear and plead before the Federal Court by virtue of section 8(2) and any person referred to in section 10(b) may be suspended from practising in Sarawak, or his right to practise in Sarawak withdrawn, by order of a Judge for any of the following causes:
(k) if he has been guilty of a breach of any rules made under section 17(a), (b) or (c)”.
Section 17 of the Ordinance states:
“The Chief Judge with the concurrence of the State Attorney General may make rules generally for carrying out the provisions of this Ordinance and, in particular, such rules may provide for –
(a) regulating the practice and etiquette of the profession in Sarawak”.
We have come across instances whereby branches of legal firms are not continuously manned by an advocate or one of the partners in his/her firm or by an advocate and wholly employed by him/her or his/her firm.Kindly ensure that all your branches comply with Rule 59(1)(b) Advocates (Practice & Etiquette) Rules, 1988.
Thank you + Best regards,
DAVID TEO
Honorary Secretary
The Advocates Association of Sarawak
Bar Room/Bilik Peguam,
Kompleks Mahkamah Miri
Jalan Merdu, 98000 Miri, Sarawak.
Tel/Fax: 085-430476