SEEING A LAWYER
1. LAWYERS
1.1 Lawyers are professional people trained
in the law. You may seek their help to solve your problems. They are
independent people and any information given to them is confidential and can
only be released with your consent.
1.2 Although a lawyer’s main duty is to
protect your interest, he is also an officer of the Court and must not mislead
the court or assist you in any way to break the law. He is bound by a strict
code of conduct and rules of etiquette.
2. WHEN
YOU MAY WISH TO SEE A LAWYER
2.1 Generally you may wish to see a lawyer to:
·
Get advice on a
legal problem
·
Represent you in
court, if necessary
·
Assist you in
the handling of your legal rights
2.2 You may therefore wish to see lawyer, in particular:
·
When you are charged
with a criminal offence, to seek advice on matters relating to your defence,
and to represent you in court.
·
When you wish to
make a claim against another party you can ask a lawyer to file a claim for you
and to represent you in court.
·
When some other
party has unfairly filed a claim against you in Court, you may wish to seek the
help of a lawyer to defend the claim.
2.3 When you are in doubt over any matter
relating to the law, it is advisable to consult a lawyer. This is for your own
protection. Also, taking legal advice at an early stage could save you a lot of
time, trouble and money.
3. SERVICES
OFFERED BY LAWYERS
3.1 Lawyers can provide you with a variety of
important and useful services. Some of the services provided by them are:
·
To recover money
owed to you.
·
To advise you if
you were involved in traffic accident, in making a claim, as well as protecting
yourself against claims from other parties.
·
To advise you in
a matrimonial dispute relating such as separation, divorce, maintenance and custody
of children.
·
To advise you on
the procedures involved and conduct searches when buying & selling property
or tenancies & taking loans.
·
To advise you
before you sign any important business or employment contract.
·
To apply to
court to enable the assets of the deceased to be dealt with, after a family
member has passed away.
·
To make a will
so that your assets will be distributed according to your wishes after your
death.
·
To change your
name
·
To adopt a child
·
Before you start
a business or incorporate a company.
·
To find out your
legal rights in any matter.
4. HOW
TO LOOK FOR LAWYERS
4.1 Lawyers are not allowed to advertise but
the Bar Council publishes a directory of lawyers which contains names,
addresses and other relevant information of all practicing lawyers in
4.2 The names, addresses and telephone
numbers of lawyers and their firms can be found in the telephone directory.
4.3 Another method of choosing a lawyer is by
personal recommendation of friends, colleagues and relatives.
5. SEEING
A LAWYERS
5.1 If your first contact with your lawyer is
by telephone, inform him of your reason for consulting him/her and then make an
appointment to see him/her.
5.2 At the meeting, bring along with you all
relevant documents and give your lawyer all the necessary information. It would
be helpful to write down all the questions you would like to ask your lawyer.
5.3 If you wish, you may also ask your lawyer
about the amount of work involved and how long your matter would take.
Remember:
Lawyers are there to assist and advice.
6. LEGAL
FEES
6.1 The fees payable by you will generally
depend on the amount of work done on your behalf, the time taken and the
difficulty of the work involved. In some cases, the fees payable by you are
fixed by law e.g. the buying and selling of property.
6.2 It is common for lawyers to ask you to
place a deposit with them before they begin work on your behalf. You can
request for a receipt for any money placed by you with a lawyer.
6.3 Always feel free to discuss the question
of fees with your lawyer. This is to avoid misunderstanding. If you are unhappy
with the fees charged to you, discuss the matter with your lawyer first. If the
matter cannot be resolved, you may ask your lawyer to arrange for his bill to
be taxed i.e. decided by the court.
7. LEGAL
AID
7.1 If there is a need for you to see a
lawyer but you cannot afford to pay his fees, you may seek help from a Legal
Aid Centre run by the Bar Council. The Legal Aid Centre in
Tingkat 6, Wisma Kraftangan,
No 9, Jalan Tun Perak
50050
Tel: 03-26913005, 26932072 Fax: 26930527
7.2 Legal Aid Centres are located in most
cities and towns in Peninsular Malaysia.
7.3 The Centres provide representation for
all criminal matters for all those who qualify except offences that carry
capital punishment (i.e. death and life sentence) and render legal assistance
for all civil matters except matters relating to recovery of debts and motor
accident claims.
7.4 The Government also runs a Legal Aid
Scheme for people who need legal assistance but cannot afford to pay fees. The
Government Legal Aid Bureau has offices in all major cities and towns in
Biro Bantuan Guaman,
Tingkat 1, Wisma Cyclecarry
Jalan Raja Laut, 50504
Tel : 26942700 Fax: 26940040
7.5 The Legal Aid Bureau renders assistance
in most legal matters for those who qualify except legal representation for
criminal cases.
7.6 It should be noted that a person seeking
legal aid has to pass a strict Means Test to qualify for assistance from either
the Bar Council Legal Aid Centre or the Government Legal Aid Bureau. You will
be required to give information on your income, savings and property owned.
8. BAR
COUNCIL
8.1 The Bar Council is the governing body for
lawyers practising in Peninsular Malaysia. It sets the standard of professional
conduct which lawyers have to follow. If you are unhappy with the services
provided by your lawyer, you should first try to sort it out with him, as the
problem may be result of a misunderstanding or a breakdown in communication. If
this is not possible you may wish to write to the Bar Council for assistance.
8.2 The address of the Bar Council is:
Bar Council,
No 13,15 & 17, Leboh Pasar Besar
50050
Tel: 03-20313003
Fax : 03-20261313,20342825,20725818
E-mail: council@malaysianbar.org.my
www.malaysianbar.org.my
THE END