Victims can get compensation from Bar fund
28/05/2007 By Nurris Ishak

Ragunath Kesavan, vicepresident of the Malaysian Bar, says about 30 lawyers are disbarred each year

KUALA LUMPUR: Each year, between 20 and 30 lawyers are struck off the roll by the Bar Council.

The Bar Council also had to shell out an estimated RM24 million during the past 20 years to compensate victims of errant lawyers, said Malaysian Bar vice-president Ragunath Kesavan.

Under the Legal Profession Act, 1976, lawyers found guilty of offences such as criminal breach of trust, fraud and various other criminal offences can be disbarred.

"We are very strict with our rules.

"Should the lawyer commit any offence which may jeopardise or undermine the public’s trust in the profession, he or she will be prohibited from practising," Ragunath said.

Yesterday, newspapers highlighted a report on lawyers who are being pursued by the police for investigations into criminal breach of trust cases involving tens of millions of ringgit.

This year alone, over 50 reports have been lodged against lawyers nationwide.

Action taken by the Bar Council’s disciplinary body against errant lawyers is based on the seriousness of their offences.

Errant lawyers can also be given a stern warning, fined, or have their practice licence suspended.

Ragunath said the legal profession is the only body in which professional indemnity insurance is compulsory, adding that it follows stringent and tough procedures before admitting members to the Bar.

Currently, there are 12,500 members of the Bar Council, all of whom contribute RM100 yearly to its compulsory compensation fund, which amounts to about RM1.2 million a year.

"This fund provides a remedy, which is made available for members of the public who were victims of errant lawyers.

"The public may make their claims through this fund."

Ragunath said the process for such claims has also been made simpler for members of the public.

The Bar Council also has the power to intervene where lawyers have abused their position.

"We have the authority to take over their accounts and run the firm through our intervention department.

"The department was set up to handle such matters four or five years ago.

"Right now, the situation is pretty much under control.

"There have been no situations where there is rampant abuse by lawyers," said Ragunath.

He added that the Bar Council welcomes fast and immediate action by the police against lawyers who abuse their positions.

"Each year, we require all members to submit their accounts, which must be audited by an independent accounting firm.

"We are also very strict about how clients’ accounts are handled."

Members of the public unsure of their lawyer’s status are also advised to enquire with the Bar Council whether a lawyer has a certificate to practise.

"They should also ask for receipts for payments."