Proceedings of the Sabah Advocates Disciplinary Board

The quorum of the Sabah Advocates Disciplinary Board shall be three (3) with a member from (a), (b), and (c) above.

The Chairman of the Sabah Advocates Disciplinary Board shall preside over the meetings of the Sabah Advocates Disciplinary Board. If the Chairman disqualifies himself (where it is necessary in the interest of justice) or is unable to preside the meeting, the President of the Law Society shall preside the meeting.

 If the President of the Law Society disqualifies himself (where it is necessary in the interest of justice) or is unable to preside the meeting, the appointed members of the Sabah Advocates Disciplinary Board shall elect a member to preside the meeting for the purposes of the complaint.

The Chairman of the Sabah Advocates Disciplinary Board, the President of the Law Society and any other member of the Sabah Advocates Disciplinary Board shall, where it is necessary in the interest of justice, disqualify himself from deliberating on any complaint.

The Secretary of the Sabah Advocates Disciplinary Board shall be a full time employee of the Law Society appointed by the Law Society and such person shall  be an advocate of not less than five (5) years standing.

 The Sabah Advocates Disciplinary Board may make rules to regulate its own procedure.

Powers of the Sabah Advocates Disciplinary Board

For the purposes of disciplinary actions, all advocates shall be subject to the control of the Sabah Advocates Disciplinary Board.

Any advocate who has been found guilty of any misconduct shall be liable to one or more of the following penalties or punishment:

1. to be struck off the roll;
2. to be suspended from practice for a period not exceeding five (5) years;
3. to be ordered to pay a fine not exceeding fifty thousand ringgit (RM 50,000);
4. to be reprimanded or censured; or
5. to have costs awarded against him

“Misconduct” means conduct or omission to act in Sabah or elsewhere by an advocate in a professional capacity or otherwise which amounts to grave impropriety in respect of the following causes:

1. if he takes instructions  in any case except from the party on whose behalf he is retained, or some person who is the recognised agent of such party, or from
   some servant, relation, or friend authorized by the party to give such
   instruction;
2. if he is guilty of knowingly misleading or allows the Court to be misled;
3. if he tenders, gives, or, out of any fee paid or payable to him for his services,
   consents to the retention of, any gratification for procuring or having
   procured the employment in any legal business of himself or any other
   advocate;
4. if he directly or indirectly procures or attempts to procure the employment of
   himself or any other advocate through or by the instruction of any person to
   whom any remuneration for obtaining such employment has been given by
   him or agreed or promised to be so given;
5. if he is convicted of a criminal offence implying a defect of character which
   renders him unfit for his profession;
6. if he ceases to be a person entitled to be admitted as an advocate as a result of
   disciplinary proceedings taken against him in the country in which he
   qualified, or in any country in which he has practised as a legal practitioner
   by whatever name called;
7. if he does any act which if done in England would render him liable to be
   disbarred or struck off the roll of the Court or suspended from practice as a
   barrister or solicitor in England;
8. if he procures his admission as an advocate by any misstatement, fraud or
   misrepresentation;
9. if he practises in Sabah without being in possession of a valid certificate to
   practise;
10. if he practises in Sabah without being in possession of an Annual Certificate;
11. if he is guilty of a breach of any rules made under this Ordinance;
12. if he commits a breach of a duty to a Court including any failure by him to
    comply with an undertaking given to a Court;
13. if he accepts employment in any legal business through a tout;
14. if he allows any unauthorized person to carry on legal business in his name
    without his direct and immediate control as principal or without proper
    supervision;
15. if he carries on, full time by himself directly or indirectly, any profession,
    trade, business or calling which is incompatible with the legal profession or
    being employed for reward or otherwise in any such profession, trade,
    business or calling;
16. if he charges, in the absence of a written agreement in respect of professional
    services rendered to a client, fees or costs which are grossly excessive in all
    the circumstances;
17. if he knowingly acts in a manner that is prejudicial to or in gross disregard of
    his client’s interests;
18. if he is guilty of any conduct which is unbefitting of an advocate or which
    brings or is calculated to bring the legal profession into disrepute;
19. if he has been dishonest or is guilty of fraudulent conduct in the discharge of
    his professional duties as advocate.

If an advocate:

1. has made a false statement in or in relation to an application made under
   section 7C;
2. is guilty of any offence involving dishonesty, misuse or misappropriation of
   any money or property of a client or of any other person;
3. is adjudged a bankrupt or a receiving order is made against him within or
   outside Malaysia;
4. is disbarred, struck off, suspended or censured in his capacity as a legal
   practitioner in any other country;
5. is the subject of a complaint concerning any dishonest act committed by him
   in his capacity as an advocate;
6. absconds or has not attended at his office in such circumstances that the Law
   Society may reasonably presumes that he has absconded; or
7. is otherwise incapable from infirmity of body or mind or any other cause of
   effectively performing the functions of an advocate,