Rates For Advertisements on Malacca Bar Website

  • By AdminL
  • May 10, 2017
  • Comments Off on Rates For Advertisements on Malacca Bar Website

Rates (Inclusive of 0% GST)

RM100.00 for Fourteen (14) Days (for law related products or services)

RM250.00 for Fourteen (14) Days (for non-legal related products or services)

(Kindly email us your advertisement with the application form to our email: mccabar@gmail.com)

Click HERE to download the Application Form


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Talk on Bankruptcy (Amendment) Act 2017 – The 10 Changes to Bankruptcy Law in Malaysia

 

Talk on Bankruptcy (Amendment) Act 2017 – The 10 Changes to Bankruptcy Law in Malaysia

Speaker : Mr. Khoo Kay Ping

Date: 10th August 2018
Time: 3pm to 5pm
Venue: Malacca Bar Auditorium

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Interstates Bar Games 2018 hosted by Negeri Sembilan Bar Committee

Interstates Bar Games 2018 hosted by Negeri Sembilan (NS) Bar Committee

On 4th August 2018, lawyers from Malacca Bar were participated in the Interstates Bar Games 2018 hosted by NS Bar Committee. They have participated the several sports such as Badminton, Football, Ladies Futsal, Darts and etc.

The results of Malacca Bar in the following sports are as below:

1) Badminton (NS & Malacca) – 1st Runner up
2) Football – 2nd Runner up
3) Ladies Futsal – 2nd Runner up
4) Darts – Semi finals

 

Malacca & NS Bar Badminton players: 

 

Malacca Bar Football Team:

Malacca Bar Darts Team:

 

 

Malacca Bar Ladies Futsal Team:

 

 

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CPD Camp : Intermediate-Level Legal Forum – Family Law

Date : 27 July 2018 (Friday)

Time : 9.00am to 1.15pm

Venue : Malacca Bar Auditorium

Speaker : Honey Tan Lay Ean

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Group Law Practice | A New Option Now Available for Small Law Firms The Rules

This article is reproduced from here on the Malaysian Bar website.

 

Group Law Practice | A New Option Now Available for Small Law Firms The Rules

Contributed by R Jayabalan, Chairperson, Bar Council Small Firm Practice Committee

The Legal Profession (Group Law Practice) Rules 2018,  which came into operation on 30 June 2018, is a culmination of the Bar Council’s initiative over the years — through its Small Firms Practice Committee — to introduce rules to permit small law firms to operate through a Group Law Practice while maintain their individuality and remaining as separate entities.

The Legal Profession (Group Law Practice) Rules 2018 had been drafted by the Bar Council, approved by the Attorney General under section 77 of the Legal Profession Act 1976, and gazetted on 25 June 2018.

A copy of the Legal Profession (Group Law Practice) Rules 2018 (in Bahasa Malaysia and English) is accessible here.

 

The Objective

Up to five small firms are allowed to operate as a Group Law Practice, from a common premises with shared facilities, resources and infrastructure.  By operating as a group, the small firms can reduce their operating costs, increase their skill sets, and maximise their potential, marketability and competitiveness in an increasingly competitive legal environment.

The Benefits

By operating from a common premises and sharing facilities and resources — such as furnishings, equipment, subscriptions, library, and staff — small firms can reduce their operating costs.  This is the most striking benefit.

In addition, by operating as a group with several firms doing work in various areas of law, the small firms will be able to offer a wider range of legal services, thus increasing their marketability and attractiveness to potential clients.  This will result in a higher level of client procurement and client retention for small firms.

Small firms will be able to promote themselves as a larger “firm”, become more attractive to clients, and draw higher fee-earning work.  Clients — especially “big clients” — will have more confidence to entrust the small firms with complex and high-fee-earning work.

The level of job satisfaction in legal practice will also improve.  Sole proprietors and small partnerships will no longer feel isolated in their office and practice, as there will be increased opportunities for consultation, legal discourse and networking.  The group practice setting will benefit younger lawyers, as they will have reliable fellow practitioners within arm’s reach, who can provide guidance and mentoring.  It will also be an easy source of referrals for small firms.

Group Practice in Other Jurisdictions

In preparing the framework for Group Law Practice, the Bar Council studied the group law practice models in Australia, Hong Kong and Singapore.

In Hong Kong, two or more firms may operate from the same address as separate firms in mutual cooperation.  The group law practice is not a legal entity or partnership, and is identified by a Chinese or English approved name that includes the term “Group Practice”.  A firm in the group may use the group name in conjunction with the law firm name, but the latter should carry more prominence.  The group is to be managed by a company whose directors and shareholders are employees under the group, and the company cannot engage in any activity other than the management of that group law practice.

In Singapore, two or more firms can practise under a group name as separate firms in mutual co-operation.  The group is not a partnership, and shall bear an approved name that includes the words “Group Law Practice”.  A law firm in the group can use the group name with its firm name.  The group is to be managed by a manager.  The firms in the group may operate a common office account to meet the group’s common expenses.  Each firm in the group must still maintain its own office account and client accounts.

Main Features of a Group Law Practice

The Bar Council will maintain a register of Group Law Practice.  Firms that wish to operate as a Group Law Practice must apply to the Bar Council for approval.

 

A Group Law Practice shall consist of between two to five small law firms operating from a shared premises at a common address.  A small firm is a firm with not more than five advocates and solicitors, and without a branch office.  A Group Law Practice cannot have a branch.  A firm cannot be a member of more than one Group Law Practice.

A Group Law Practice is to bear a name approved by the Bar Council, which includes the words “Group Law Practice” or “Amalan Undang-Undang Berkumpulan” as part of its name.  The name should not be one that is or may reasonably be regarded as being, among others, ostentatious, misleading, sensational or in any other way unbefitting the dignity of the legal profession, or is so similar to other existing Group Law Practices as to be likely to cause confusion.

The name of a Group Law Practice is to be displayed on a nameplate outside the premises of the Group Law Practice, and the nameplate shall also display the names of all the firms in the group.  The nameplate shall be in such form as determined by the Bar Council.

A firm in a Group Law Practice shall use the Group Law Practice name together with the name of the firm in its documents and stationery — including letterheads and business cards — provided that the firm’s name shall be more prominent than the Group Law Practice’s name.

The Group Law Practice is not a legal entity, and a notice to this effect is to be displayed prominently within the office of the Group Law Practice.  It is not a partnership — the firms cooperate with each other without being partners — and a notice to this effect is to be given to the clients of the respective firm.  Each firm in the group is to be liable for its own debts and liabilities and bear its own professional indemnity insurance premium, and subscriptions and levies payable to the Bar Council and the Bar Committee.

Each firm in the Group Law Practice continues to exist as a separate legal entity, and shall maintain its own office account and its client accounts.  However, any firm in a Group Law Practice may operate a common bank account for the purpose of meeting the common expenses of the group.

All the firms in a Group Law Practice must operate from a common address or premises and may share facilities and infrastructure such as staff, subscriptions, furnishings, equipment and library.

A firm which joins or withdraws from a Group Law Practice must notify the Bar Council of the same, in writing, within fourteen days.

A firm in a Group Law Practice may request another firm in the same group to undertake work instructed by a client of that firm, provided that the client has consented in writing.  A firm in a Group Law Practice may act for a party in a matter where another firm in the same Group Law Practice is acting for the other party in the same matter, provided that both parties have given their consent in writing.  A notice to this effect shall be displayed prominently within the office of the Group Law Practice.

The sole proprietor (if any) of a firm in a Group Law Practice shall, with the permission of the Bar Council, appoint another firm in the group to act in his or her stead in the event of incapacity or death.

In line with the introduction of the Group Law Practice, Ruling 7.03 of the Rules and Rulings of the Bar Council — that prohibited sharing of premises by law firms — has been amended to allow firms operating as part of a Group Law Practice to share premises.  Please click here to view the amended Ruling 7.03.

The Group Law Practice is an innovation in legal practice introduced by the Bar Council, to provide more practice options for Members of the Bar.  The Group Law Practice does not change the fundamentals of the conventional firm-based practice, but has the potential to add more value and quality to small firms’ practice.

Please click:

  • here to access a copy of the Legal Profession (Group Law Practice) Rules 2018 (in Bahasa Malaysia and English); and

 

  • hereto access the “Application Form for Setting Up a Group Law Practice”.

 

Members of the Bar, especially from small firms, are strongly encouraged to consider the feasibility of a Group Law Practice.  Should you have any enquiries, please contact the Bar Council Membership Department by telephone at 03-2050 2191, or by email at membership@malaysianbar.org.my.

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Legal Profession (Group Law Practice) Rules 2018 Came into Operation on 30 June 2018

  • By phangjaijuet
  • July 12, 2018
  • Comments Off on Legal Profession (Group Law Practice) Rules 2018 Came into Operation on 30 June 2018

Circular No 166/2018
Dated 6 July 2018

To Members of the Malaysian Bar

Legal Profession (Group Law Practice) Rules 2018 Came into Operation on 30 June 2018

We refer to Circular No 189/2017 dated 23 Aug 2017, Circular No 225/2017 dated 11 Oct 2017, and Circular No 021/2018 dated 19 Jan 2018, informing Members of the Bar Council’s initiative, through its Small Firm Practice Committee, to introduce rules to permit law firms to practise and operate through a Group Law Practice.

The Legal Profession (Group Law Practice) Rules 2018 (“Rules”) drafted by the Bar Council was approved by the Attorney General on 12 June 2018, gazetted on 25 June 2018, and came into operation on 30 June 2018.  A copy of the Rules (in Bahasa Malaysia and English) is attached, and is also accessible here.

The Rules essentially allow small law firms to practise and operate as a group by sharing premises and facilities while remaining as separate entities.  Under the Rules, the features of a Group Law Practice would include the following:

(1) A Group Law Practice shall consist of between two to five small law firms.  A small firm is one with not more than five advocates and solicitors, and that does not have branches;
(2) A Group Law Practice is not a legal entity, is not operated as a partnership, and cannot have a branch;
(3) The law firms in a Group Law Practice are to operate from shared premises at a common address, and may share facilities such as a library, furnishings and equipment;
(4) A Group Law Practice shall bear a name — which includes the words “Group Law Practice” — that has been approved by the Bar Council.  The law firms in the Group Law Practice shall use the Group Law Practice name, along with the law firm’s name, in their operations; and
(5) The law firms in the Group Law Practice may operate a common bank account to meet the common expenses of the Group Law Practice.  Each law firm shall maintain its own office account and its client accounts.

In line with the introduction of Group Law Practice, Ruling 7.03 of the Rules and Rulings of the Bar Council relating to the sharing of office or premises has been amended, as marked below:

Bar Council Ruling 7.03: Sharing Office or Premises

Where an Advocate and Solicitor shares an office or premises with another person (“Person”), whether an Advocate and Solicitor or not, the office or premises must be partitioned off with separate and distinct entrances, with no connecting door between the 2 offices or premises.

This Ruling shall not apply to:

(a) Advocates and Solicitors of the same law firm; or

(b) an Advocate and Solicitor, or a partner or partners of his/her firm who has/have an interest in the Person, and the Person carries on such business as is permitted under Ruling 5.13A; or

(c) a law firm that is part of an international partnership that has been granted a licence under section 40F of the Legal Profession Act 1976; or

(d) a law firm that is part of a Group Law Practice established under the Legal Profession (Group Law Practice) Rules 2018;

provided always that the law firm, and the international partnership and the Group Law Practice preserve and observe at all times the duty of confidentiality in respect of privileged information owed to their respective clients.

The amended Ruling 7.03 took effect on 30 June 2018.

A Group Law Practice is a cost-effective alternative mode of practice for small law firms.  Members are encouraged to take advantage of this option, which is intended to reduce operating costs for small law firms and to increase their efficiency and competitiveness.

If your law firm wishes to apply to establish a Group Law Practice, please complete the “Application Form for Setting Up a Group Law Practice”, which is available here on the Malaysian Bar website.  Applications may be submitted in hard copy to the Bar Council Secretariat, or by email to membership@malaysianbar.org.my.

We will provide additional information in due course, and will conduct briefings to increase awareness regarding practising through a Group Law Practice.

Should you have any enquiries, please contact the Membership Department by telephone at 03-2050 2191, or by email at membership@malaysianbar.org.my.

Thank you.

R Jayabalan
Chairperson
Small Firm Practice Committee

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Talk on “Medical Negligence: Practical Aspects Of Medical Negligence Litigation”

  • By phangjaijuet
  • July 12, 2018
  • Comments Off on Talk on “Medical Negligence: Practical Aspects Of Medical Negligence Litigation”

Speaker : Mr. Manmohan S Dhillon

Time : 3pm to 5pm

Venue : Malacca Bar Auditorium

Date : 22 June 2018

 

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