The Kuala Lumpur Bar Committee Firms & Group Practice Reform Committee is holding an online consultation on reform of the Legal Profession (Publicity Rules) 2001 (“LPPR”).
The LPPR is intended to regulate the way advocates and solicitors in Malaysia publicise and/or advertise their practice. Since its inception, Malaysia adopts a distinctive set of publicity rules from other Commonwealth jurisdictions such as the United Kingdom, Singapore and Hong Kong.
The current publicity rules sets out a largely restrictive hold on publicity by legal practitioners by:
(a) limiting the types of information to be disseminated, such that only the 18 specified “approved information” would make its way in any publication; and
(b) restricting the scope of persons to whom publications may be sent, which in practice does not allow legal practitioners to publicise to the public at charge.
We have prepared a Consultation Paper on reform of the LPPR – Rethinking the Legal Profession (Publicity Rules) 2001: A Consultation Paper. In the paper, we make provisional recommendation to introduce a new publicity rules (“New Rules”) with a principle-based approach coupled with a prescriptive approach in limited circumstances.
The purpose of the New Rules is to liberalise publicity rules for lawyers. Publicity should be allowed so long as it is accurate, not misleading and is not likely to diminish the trust the public places in the advocate and solicitor and in the provision of his/her legal services. The public is better served if there is a freer dissemination of information that will enable them to make an informed choice of counsel.
If our provisional recommendation is well-received, we aim to push for the Bar Council and the Attorney General to replace the LPPR with the New Rules.
The consultation is now open and will close on 18 October 2019.
We recommend everyone to read the paper. Click here for a copy.
We encourage everyone to consider answering all of the questions we ask in Part C of our paper. There is no standard format of answering, kindly respond in any manner you are most comfortable with.
Comments and responses to the consultation can be sent to Melissa Linda Dass at email@example.com.
New Sin Yew
Firms & Group Practice Reform Committee