Bar Council Malaysia: Ethics and Professional Standards in Legal Practice

Module 1: Role of the Bar:

Question 1 “The Bar should not express views on matters that fall within the powers of the Government. They should just concern themselves with regulating the profession and not get involved with politics.” Discuss this statement.

Module 2: Professional Ethics:

Question 2 You are instructed to prepare a sale and purchase agreement for a terrace house in Cheras. You are told that the price of the property is RM350,000, but that you should state in the purchase agreement that the sale price is RM400,000. Your client says that he plans to show the sale agreement to the Bank to justify a larger loan, if the value of the property is stated to be higher than it actually is. Discuss what legal and ethical obligations arise from these instructions and how you would handle the matter.

Module 3: Duty to and in Court:

Question 3 Discuss the types of contempt and the situations under which each type of contempt arises? What procedural safeguards are in place before one may be punished for contempt?

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Module 4: Solicitors Accounts and Undertakings:

Question 4 Solicitor C is in receipt of two cheques from Solicitor D, one current-dated, and the other post-dated. Solicitor D’s covering letter that came with the cheques states that the cheques are forwarded subject to Solicitor C’s undertaking not to release the same to Solicitor C’s client, Mr. X, until Mr. X delivers certain documents to Solicitor D’s client. Solicitor C does not agree with the undertaking imposed, and writes to Solicitor D objecting to the same. Solicitor C proceeds to release the current-dated cheque to Mr X. A clerk of the firm inadvertently includes the post-dated cheque as well, and both cheques are delivered to Mr. X. Mr. X does not deliver the requisite documents to Solicitor D’s client. Solicitor D demands the return of the cheques. Solicitor C informs Solicitor D that he has recorded his objection to the undertaking in relation to the cheques aforesaid, and in any event, is unable to return the cheques as he is unable to retrieve the same from his client. Is Solicitor C bound by the undertaking? Give reasons for your answer.

Module 5: Duty to Client:

Question 5 In addition to the contractual duty and the common law duty of care, an Advocate and Solicitor also owes the client a fiduciary duty. Explain what these fiduciary duties entail. Answers for each modules must be under 300 words.