DISCIPLINARY BOARD OF LEGAL PROFESION ACT 1976

Purpose : hear cases involving lawyers. governed by experts.

Section 93(3) – membership of the board.

 Chairman appointed by chief judge + consultation of Bar Council.

 Qualification : retired judge of all judges. Terms : 2 years. can extend for
another 2 years and reappoint for another period not exceeding 2 years.
 President of Malaysian bar or any of his representative
 15 practitioners of not less than 10 years standing. Terms : 2 years +
consulation of bar council.

Section 93(4) Quorum of the Board

 7 members : Chairman, president & 5 lawyers from 15.

Section 94(3) determine cases on these grounds :

 Convicted of criminal offence, dishonest act, breach of rules made by Bar

council, overcharging the client, General : guilty of any conduct which is
unbefitting as an advocate and lawyers.

Section 95 & 96 establishment of Disciplinary Committee Panel

 96(1) They are all in the list supplied by Bar council :

 30 members : 20 lawyers + 10 lay men
 96(2) terms : 2 years, can extend another 2 years.

Section 100 Merits of the application

 100(1)(a) – if no merit, dismiss

 100(1)(b) – merit – post the complaint to the lawyers concerned + evidence
and request the lawyers to furnish written explanation within 14 days.
 100(2)and 3 If theres no explanation, board may appoint DCP.
 If theres explanation, consider ada merit ke tak. Kalau takda, dismiss, kalau
ada, appoint DCP.
  100(6) –complaint to be dealt summarily
 If the process is simpler, DCP will not be appointed.
 100(7) – punishment : fine, reprimand, suspension of practice, striken off,
 100(8) – other orders – restitution of money which can be enforced by HC.
 100(12) – right to be heard by the lawyers concerned. Natural justice
applies.
 100(14) if formal inquiry required, shall appoint DCP. this shows wide
power of DB.
 100(15) wide power of DB to dismiss application.

Section 103A – appointment DCP.

 Where : lawyers deal with dishonesty conduct under sect 409 of Penal
Code.
 Been suspended.
 Consists of 3 members : 2 lawyers and 1 lay person. one of them may be
the chairman.

Section 103B – investigation by DCP.

 Time limit- within 1 month.

 Asking evidence – orally or documentary.
 Requirements before DCP commence hearing – a copy of complaint, a
notice to lawyers concerned not less than 14 days to give written
explanation, to advise DC if he wishes to be heard by DC.
 Criminal penalty if not respond to it.

107 – Hc may restore an advocate.