I would like to weigh in on the recent criticisms by SM Mohamed Idris , Zain Bahari and David M . I fully agree with their criticisms on the quality and ethics of the legal profession in Malaysia and the lack of regulatory enforcement by the Bar Council.
My personal experience was losing out over RM3,000 in conveyancing fees to a Brickfields- based law firm on the sale of my property.
This firm claimed that their full conveyancing fee was due upon preparation of the Sales & Purchase Agreement and this was stipulated by Bar Council rules. Since when did the Bar Council have the right to get involved with the setting of fees and conditions of payment?
Secondly, I made the mistake of paying them the full amount even though the S&P was not signed yet. When the buyer pulled out at the last minute, I ask for a refund but the firm refused citing that their work was already done.
How could their work be done when the S&P was not even signed yet?
My advice to your readers is never pay your legal fees in full until everything is signed, sealed and delivered by your lawyer. It is much better to break down your legal bill into progressive payments based on percentage of the work completed.
Your only power over your lawyer is the fees you haven't paid them. Let them chase you for payment. Because once you've paid the fee, you've given them control.
Forget trying to get redress from the Bar Council - the examples quoted by earlier writers point to the futility of this. How can lawyers self-regulate themselves through a body that clearly represents their own interests and not that of their clients and other stakeholders?
However, I don't agree with David M that the government taking over regulatory oversight of lawyers from the Bar Council will work. Honestly, when has government regulation worked in Malaysia?
Has the government adequately regulated private hospitals and doctors? No. Has the government adequately regulated your privatised water supplier? Get real.
The only group which has a true vested interest in properly regulating the legal profession is one that involves clients - the consumers. Any proposed change in the overseeing of the legal industry has to involve consumer groups like the Consumer Association of Penang.
Consumer groups must retain veto rights over any changes on how the professional is regulated.
