Bar Council finally reverses its own ban; allows law firms to use virtual offices

Malaysia’s Bar Council (“BC”) today announced, via Circular 324/2021 to its members, that after more than six years, it is finally reversing its own ban on law firms operating via virtual offices.

This issue first arose in March 2015, when the BC suddenly issued a Circular immediately banning lawyers from practising through virtual offices. The BC asked lawyers to “cease such operations with immediate effect” and warned that “the Bar Council may take disciplinary action against lawyers who are reported to be operating through virtual offices”. The ban was put on hold temporarily as a group of lawyers requested a discussion with the Legal Practice Committee, but in August 2015 the BC made a firm decision to ban the practice.

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Recent Cases in Fraud Litigation: Hong Kong, Malaysia and Singapore

I will be one of the speakers for the webinar on Recent Cases in Civil Fraud Litigation: Hong Kong, Malaysia and Singapore on Thursday 10 June 2021.

It is the first jointly organised webinar by the Bar Council Malaysia and the Law Society of Singapore. This is a free webinar but only open to members of the Malaysian Bar and to the members of the Law Society of Singapore.

The brochure is here and with registration for Malaysian Bar members here. Continue reading

Top 5 Articles on The Malaysian Lawyer in 2020

We end the year by looking back at the most-read articles on The Malaysian Lawyer in the year 2020. Thank you to the readers for all the support and for dropping by this site of ours.

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Featured below are our five most-read articles in 2020. Perhaps consistent with the challenging times of 2020, four out of the five articles deal with some form of closing down or retrenchment   Continue reading

Law Firms in Malaysia Face Tight Cashflow and May Downsize

Law firms in Malaysia are facing challenging times. Based on the recently released Bar Council survey results on 5 June 2020 (report available from the Malaysian Bar website to members only), almost half of the law firms replied that they would be downsizing, closing their law practice or ceasing practice. Close to 60% of the law firms responded that they were not intending to hire due to financial issues from the movement control / COVID-19.

I highlight the key points from the Bar Council survey from the perspective of hiring trends moving ahead.
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Proposed Requirements for Fly-In-Fly-Out Foreign Lawyers in Malaysia

In January 2019, the Bar Council of Malaysia submitted to the Attorney General the proposed reforms to the Legal Profession Act (LPA). One area that will be amended will be the provisions involving foreign lawyers and foreign law firms entering Malaysia to advise clients. I have written about Malaysia’s liberalisation of legal services previously.

The UK Law Gazette highlighted some concerns of further restrictions on foreign lawyers being able to enter Malaysia to advise on non-Malaysian law aspects. I clarify this area of proposed reform under Malaysian law. Continue reading

Malaysian Bar Seminar: Claims Involving Companies and Misdirected Funds or Opportunities

On Thursday 28 March, I will be speaking at the Malaysian Bar seminar titled ‘Claims Involving Companies and Misdirected Funds or Opportunities‘. This seminar is open to members of the Bar as well as members of the public. You can click on the registration form over here.

The seminar focuses on issues relating to claims involving companies and misdirected funds or opportunities. The speakers will combine their academic and practical perspectives and how to frame the appropriate causes of action in both common law and equity. Continue reading