Offences by Unauthorised Person

Unauthorised Person

Section 15 of the Advocates Ordinance states that no person shall practise as an advocate or do any act as an advocate unless the person’s name is on the Roll of Advocates and the person has a valid Certificate of Practise to do the act.

 

Offences by Unauthorised Person

Section 16 states that an unauthorised person commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit (RM 20,000) or to imprisonment for a term not exceeding two (2) years or to both, if the unauthorised person commits the following acts:

  1. acts as an advocate or agent for suitors, or who as such advocates sues out any writ or process, or commences, carried on, solicits or defends any action, suit or other proceedings in the name of any other person or in the person’s own name in any of the courts of Sabah, or draws or prepares any instrument relating to any proceedings in any of the courts of Sabah
  2. wilfully and falsely pretends to be, or takes or use any name, title, addition or description implying that he is duly qualified to act as, an advocate, or that the person is recognised by law as so qualified
  3. either directly or indirectly for or in expectation of any fee, gain or reward, draws or prepares any instrument relating to immovable or movable property
  4. appears before the Industrial Court, Arbitration Tribunal, Court Martial or the Disciplinary Board set up pursuant to the Advocates Ordinance in a case or matter arising from Sabah
  5. either directly or indirectly for or in expectation of any fee, gain or reward, draws or prepares any instrument relating to immovable property and any memorandum or other documents for the purposes of registration under the Land Ordinance (Sabah Cap. 68) or any other written law relating to registration of documents or makes any application or lodges any document for registration under the Land Ordinance or any other written law relating to registration of documents at the Central Land Office or at any District Land Office
  6. on behalf of a claimant or person alleging the person to have claim to a legal right, writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to an advocate for legal proceedings
  7. takes instructions or draws or prepares any document for the purpose of applying for or opposing a grant or probate or letter of administration
  8. solicits the right to negotiate, or negotiates in any way for the settlement of, or settles any claim arising out of personal injury or death and founded upon a legal right or otherwise

 

Exceptions

The provisions of section 16 does not apply to the following persons:

  • the Federal Attorney-General of Malaysia
  • any State Attorney-General
  • any State Advocate-General or State Legal Adviser or any person acting under their authority
  • any public officer drawing or preparing instruments in the course of the officer’s duty
  • any person employed merely to engross any instrument or proceeding
  • any person who draws or prepares for a fee or reward:
    • a will or other testamentary instrument
    • an agreement under hand only
    • a letter or power of attorney
    • a transfer of stock containing no trust or limitation thereof
  • any person who acts on behalf of an illiterate
  • the Public Trustee, Official Assignee, Official Receiver, Assistant Public Trustee, Assistant Official Assignee and Assistant Official Receiver
  • any person acting personally only in any matter or proceedings to which the person is a party or acting solely for a company or organisation which the person serves as a full time paid employee any matter or proceedings in which the company or organisation is a party, but such person shall have no right to represent the company or organisation in Court or Chambers or attest documents for the company or organisation which is required to be attested by an advocate
  • any bona fide and full time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim arising out of personal injury or death relates to a risk insured against by that insurance company
  • an arbitrator or umpire lawfully acting under any written law relating to arbitration, settling or attempting to settle the dispute between the parties to the arbitration
  • any full tie member of the academic staff of the Faculty of Law of the University of Malaya or other universities in Malaysia acting solely in an advisory capacity upon instructions from a practising advocate
  • any accountant drawing or preparing documents in the exercise of the accountant’s profession
  • any agent duly authorised to the satisfaction of the Registrar of Trade Marks drawing or preparing documents in any matter relating to trade marks
  • any full time employee of an advocate drawing or preparing any document under the authority of a practising advocate and for the purposes of the person’s employer