More than 90 percent, or 371 complaints, lodged against lawyers last year are still pending in the disciplinary board while 29 have been dealt with or pending further investigations, Bar Council chairperson Mah Weng Kwai said.

He said the 29 involved dishonesty while the rest have been referred to the disciplinary board — a body independent of the Bar Council and set up under the Legal Profession Act 1976 — which is chaired by Court of Appeal judge Abdul Hamid Mohamed with senior lawyers sitting on the panel.

Citing the rapid growth of the Malaysian Bar which now stands at 10,300 members, Mah said it was "conceivable that instances of misconduct have correspondingly increased".

"The Bar Council takes a serious view of all complaints by the public about the misconduct of lawyers and is always taking steps to reduce the number of errant lawyers.

"The discipline of lawyers lies in the hands of the disciplinary board," he said in a statement released today.

When contacted later for an elaboration, he said the complaints were first lodged with the Bar Council before being referred to the disciplinary board for further investigation and decision.

"The complaints range from minor to major allegations, for example, lawyers' failure to attend court, not answering phone calls and not making a proper case.

"But mostly, they are over negligence."

Cases of cheating

Mah explained that the Bar Council was only empowered to deal with cases of misconduct involving dishonesty, which includes cases of cheating and misappropriation of funds.

"If the Bar Council receives a complaint involving dishonesty, it can apply to court for an injunction to stop the lawyer concerned from practising, pending investigations into his or her case, or apply to the disciplinary board for an order of suspension pending such investigations.

"The Bar Council will also lodge a police report in respect of the complaint if the complainant has not already done so."

On Sunday, Minister in the Prime Minister's Department Dr Rais Yatim revealed that more than 400 public complaints have been lodged against lawyers, and 52 of them were found to be serious allegations.

Lamenting the increasing trend of such cases which had tarnished both the image of the country and the legal profession internationally, he suggested that the training of lawyers be restructured.

Mah said the Bar Council endorsed Rais' suggestion, especially to get legal ethics introduced as a major subject in law schools.

"The subject of legal ethics, encompassing the areas of discipline, professional legal conduct and honesty is a crucial part of a lawyer's education, equal in its importance to substantive law subjects.

"By the time students begin pupillage (nine-month practical training), they should already have a good grasp of what makes a good lawyer."

He said that it should include a knowledge of how to handle clients' money ethically and the manner in which lawyers should deal with their colleagues and the courts.