Dear Members of the Bar,
RE : TOUTING IN COURT
It has been brought to our attention that some law firms are now using pupil in chambers, attachment students and individuals in Court premises to act as their touts. Touts are individuals who receive payment from law firms in return for securing clients for them. The Perak Bar is deeply concerned about this matter, as it is entirely unacceptable to the legal profession and is detrimental to public interest.
Law firms that use touts usually target vulnerable individuals who face pending legal troubles, and apply pressure on them to engage the firms that the touts represent. The act of touting is deplorable as it seeks to financially exploit those who are in desperate need of help. The Malaysian Bar has consistently denounced touting, and have sought to discourage and stamp out touting by, among others, lodging complaints with the Advocates and Solicitors Disciplinary Board (“ASDB”) against Members of the Bar who engage in touting.
Touting amounts to professional misconduct pursuant to section 94(3)(h) of the Legal Profession Act 1976 and Rule 51 of the Legal Profession (Practice and Etiquette) Rules 1978. A Member can face various sanctions if found to be in breach of these rules, including being suspended from practice or struck off the Roll. Pupils who are found to be engaged in touting could potentially be prohibited from being called to the Bar due to any complaints of a disciplinary nature.
We would like to advise members not to engage the services of touts in order to ensure that the integrity and dignity of the legal profession is preserved.
Kindly take note.
LAI CHOE KEN, KENNY