Certificate of Practise

An advocate is only entitled to practise in Sabah in any year if the advocate in possession of a Certificate of Practise in respect of that year. A “year” means the period of 1 January to 31 December of the same calendar year. [s 9(1)]

An advocate must in each year, before the advocate does any act in the capacity of an advocate,  deliver to the Registrar the following:

1. A statutory declaration in writing stating as follows:

a. the advocate’s full name

b. the firm under which the advocate practises or the name of the firm that employs the advocate; 

c. the principal and any other address at which the advocate practises in Sabah

d. that the advocate has not contravened the Advocates Remuneration Rules 1988; and

2. The last Annual Certificate or a certified true copy of the Annual Certificate issued by the Law Society

[s. 9 (2)]

If the advocate’s name is removed or struck of the Roll of Advocates, the Certificate of Practise issued for the advocate will expire and the Registrar will enter such date of expiration into the Register of Advocates. [s. 9(4)(a)]

If an advocate is adjudicated a bankrupt or receiving order is made against the advocate, the Certificate of Practise issued to the advocate will be suspended until the consent of the Law Society to reinstate the advocate is obtained.[s. 9(4)(b)]

An advocate may only apply for a Certificate of Practise if the following is applicable:

  1. The advocate is practising or intends to practise either on the advocate’s own account or in partnership in Sabah under a firm registered under section 7F
  2. The advocate is or is about to be employed full time in his practise by an advocate or a firm of advocates in practise in Sabah under a firm registered under section 7F
  3. The advocate is gainfully employed by any other person, firm or body other than an advocate or a firm of advocates in a capacity other than as an advocate

[s. 9A(1)]

An advocate who serves in the Federal Judicial and Legal Service or the State Legal Service does not fall into the the definition of “being gainfully employed” under section 9A. [ s. 9A(2)]