Procedure to lodge a complaint

1. Preliminary conditions (s. 99)

S. 99(1) complaint concerning the conduct of A&S or pupil must be in
writing and shall in the first place be referred to DB.
S. 99(2) who may complain: public, any court including Industrial
Court/Syariah Court, magistrate, judges, AG or Bar Council.
S.99(3) Bar Council or State Bar Committee can make any complaint of its
own motion to the DB against A&S or Pupil.
S. 99(3A) no complaint shall be inquired into after the expiration of 6 years
from the date the right of action accrued.
Proviso of s. 99(3A) for fraud, the period of limitation begin to run from the
date the complainant discovered the fraud.
S. 99(4) where a complaint is made against a legal firm, it shall be deemed:
(a) In the case of sole proprietorship against A&S who is the sole
proprietor of firm
(b) In the case of partnership against all A&S who are the partners of the
firm

2. Investigation of Complaint (s. 100)

S. 100(1) where a complaint is referred to the DB, the DB shall, if it is
satisfied that:
(a) There is no merit in the complaint, dismiss the complaint and notify
the complainant & the A&S concerned.
(b) There is merit in the complaint:
(i) Post/deliver to A&S concerned a copy of complaint
(ii) Request the A&S to furnish his written explanation within 14
days.
S. 100(2) if A&S does not reply within the time, or does not agree to deal the
complaint summarily (s. 100(11)), DB shall proceed to appoint a Disciplinary
Committee (DC).
S. 100(3) if A&S does reply, DB shall review the matter and:
(a) If no merit dismiss the complaint
(b) If there is merit proceed to appoint DC
S. 100(4) if DB considers that the complaint may be dealt with summarily, it
shall give a written notice to the A&S to determine whether the A&S agrees
that the complaint be dealt with summarily.
S. 100(5) if the A&S fails to respond within 14 days from the date of notice,
the DB shall proceed to appoint DC.
 S. 100(6) if the A&S agrees to deal with the complaint summarily, the DB
may proceed to deal with it summarily.
S. 100(7) after dealing summarily, DB may impose the following
punishments:
(a) Reprimand/censure the A&S
(b) Impose a fine
(i) Not > RM5000 if no cause of sufficient gravity
(ii) Not > RM50,000 where A&S has admitted to the
misconduct/the facts/evidents established the misconduct.
(c) Suspend the A&S for not > 5 years
(d) Strike the A&S off the Roll
S. 100(8) DB may also make an order of restitution of complainants money.
S. 100(9) the A&S shall be given opportunity to be heard before making any
order.
S. 100(12) DB may require the production of documents from complainant
or A&S.
S. 100(13) failure to produce the required documents shall be an offence
liable to a fine not > RM2,000/ imprisonment not > 3 months/both.
S. 100(14) DB may at any stage appoint a DC for further / formal inquiry.
S. 103 where a fine/restitution of money is ordered to be paid by A&S, it
shall be made within 1 month from the date of order. Failure to do so, the DB
may order suspension from practice / withhold issue of Sijil Annual.

3. Appointment of Disciplinary Committee (s. 103A)

S. 103A(1) Where:
(a) the DB determines that there should be a formal investigation; or
(b) an A&S has been convicted of an offence of CBT under s. 409 of PC
or any other offence involving fraud or dishonesty; or
(c) the A&S has been suspended under s. 94(4)

the DB shall, as soon as may be practicable, appoint a DC to investigate and

make recommendations to the DB.
S. 103A(2) a DC shall consists of 2 A&S and 1 lay person appointed from
DCP.

4. Investigation/inquiry (s. 103B)

S. 103B(1) the DC, shall, within 1 month of its appointment, commence its
inquiry into written complaint and shall make its findings.
 S. 103B(1A) DC shall keep a note of the proceeding of inquiry and submit to
DB.
S. 103B(2) DC may:
(a) Require the production of document for inspection
(b) Require the person concerned to give all info in relation to such
document
(c) Require any person to give oral evidence relating to subject matter of
inquiry
S. 103B(3) any:
(a) A&S/other person who refuses/fails to produce DC for inquiry any
document without reasonable excuse
(b) Person who refuses/fails to give oral evidence

Shall be guilty of an offence and shall be liable to fine not >

RM2,000/imprisonment not > 3 months/both.

S. 103B(4) DC shall post/deliver A&S concerned:

(a) a copy of written complaint
(b) a notice inviting A&S, within 14 days:
(i) to give DC written explanation; and
(ii) to advise DC if he wishes to be heard by DC.
S. 103B(5) DC shall give A&S reasonable opportunity to be heard and shall
give due consideration to any explanation.

5. Findings (s. 103C)

S. 103C(1) the DC shall record its findings and make any one of the
following recommendations to the DB:
(a) no cause for disciplinary action exists;
(b) cause for disciplinary action exists but insufficient gravity to warrant
any punishment other than a reprimand or censure;
(c) the cause of disciplinary action exists & is of sufficient gravity to
warrant the A&S to be subjected to one of the following disciplinary
actions:
(i) reprimand/censure
(ii) fine not > RM50,000
(iii)suspension from practice for not > 5 years
(iv) striking the A&S off the Roll
S. 103B(2) DC may recommend DB to make an order of restitution by the
A&S of any sum found due and owing to the complainant.
6. Consideration by DB of the DCs report (s. 103D)
S. 103D(1) DB may reject/affirm the finding/recommendation of DC.
S. 103D(2) DB may impose a grater/lesser penalty/punishment.
S. 103D(3) DB may make such other order as it deems just where the DB
does not agree with the finding/recommendation of DC.
S. 103D(4) before making an order, DB shall notify A&S of its intention to
do so and give him reasonable opportunity to be heard.
S. 103D(5) where DB make an order for restitution to complainant, it may
stipulate the time limit for payment to be made.
S. 103D(6) such money owed is known as civil debt.

7. Appeal from decision of DB (s. 103E)

S. 103E(1) any party aggrieved by decision of DB may appeal to HC within
1 month from the receipt of such order.
S. 103E(2) - No judicial review against decision or order made by the DB.
Procedure: Rule 3 of Legal Profession (Disciplinary
Proceedings)(Appeal)Rules (refer Act pg 287)
1. File originating motion in Form 9 within 1 month of notification
2. Serve a copy of the originating motion supported by affidavit to the
respondent (A&S), the Director and the Bar Council by way of personal
service, courier or registered post within 7 days from the date of the
filing of the originating motion.
3. Within 7 days from the filing date, the Appellant shall pay to the
Director deposit of RM500 for obtaining a copy of documents stated in
subrule (4)
4. Within 3 weeks of payment of deposit, the Director shall supply
Appellant the certified copies of documents.
5. Within 6 weeks of receipt of above documents, the Appellant shall file
affidavit containing Record of Appeal at High Court and serve it on all
parties.