The Conduct & Misconduct of Advocates & Solicitors | 2025*

The Conduct & Misconduct of Advocates & Solicitors | 2025 (Coming Soon)

**Expected delivery period: 7-20 working days upon publication

"The Right Time to Do What’s Right" – Dr. Martin Luther King Jr.

In a rapidly evolving legal landscape, the role of lawyers has never been more vital. With the Malaysian Bar surpassing 20,000 members in 2023, the scope of legal practice has grown significantly, but the fundamental duty remains unchanged: providing clients with ethical and competent representation. Trust is the cornerstone of the lawyer-client relationship, and when that trust is broken, the profession must be held accountable.

This comprehensive guide explores the critical intersection of legal practice and professional ethics, delving into the Legal Profession Act 1976 and its disciplinary processes. Cheryl Nicholson offers a detailed analysis of the legislative framework that upholds the highest standards of conduct in the profession while addressing the pressing issue of misconduct.

With chapters covering the operations of the Disciplinary Committee, the authority of the Disciplinary Board, and judicial oversight in maintaining professional integrity, this book is an essential resource for legal practitioners. It highlights the mechanisms for addressing grievances, imposing penalties, and restoring public trust in a profession rooted in justice.

Whether you are an experienced lawyer, a newcomer to the field, or someone seeking to understand how the legal profession safeguards its principles, The Conduct & Misconduct of Advocates & Solicitors provides invaluable knowledge and practical guidance for navigating the complexities of legal ethics and discipline.

This is an indispensable read for anyone dedicated to upholding the honor and integrity of the legal profession.

Foreword:

Discipline, particularly self-discipline instils confidence and engenders greater trust in all who are involved in that somewhat cathartic process. The ability and willingness to bare oneself and one’s own to censure oneself hallmarks, in my view, a profession befitting respect and recognition by decent society.

The existence of a strong and clear disciplinary regime in any profession which is religiously practised and followed reflects the advent of maturity of the profession. In fact, such a regime is intrinsic to the continued existence of the profession itself. This is, perhaps, more evident in the case of the legal profession as it is to the advocates and solicitors, lawyers, legal counsel or legal adviser of any description, that those affected by or seek the aid of the civil and criminal justice would turn to for aid, assistance, advice.

Quite logically, the purveyors of this aid, assistance or advice must stand accountable for their actions, decisions and omissions. Accountability is integral to the survival of the calling to the practice in the law.

But accountability is mere platitude and an antithesis to the rule of law if the parameters of proper and acceptable conduct are not clearly defined and accepted, be it explicitly or by necessary inference. How is one to know what or when conduct becomes misconduct or worse, that it amounts to “flagrant incompetence” seriously prejudicing the rights of a client? Clear guidance on proper conduct is especially important in our jurisdiction where the practice in the law as solicitors or advocates is fused.

Civil society is all too familiar with arbitrariness as it breeds dissent and erodes confidence. The misdeeds of a few within the legal fraternity can so easily tarnished the hard-earned repute of what is still, a noble profession; and every effort must be taken to ensure that that will not come to pass in our lifetime.

Credit must therefore go to Cheryl Nicholson, who has diligently and painstakingly packed her years of first-hand experience helming the Advocates & Solicitors Disciplinary Board in writing this massive guide to better practice of the law. Cheryl’s careful elucidation of the formative years of the Legal Profession Act 1976 to the detailed mechanics of complaint to the process and procedure of discipline are extremely useful to guide any practitioner who may have the misfortune of having to go through such process of discipline.

Full chapters have been dedicated to explaining the role and function of the Disciplinary Committee, Disciplinary Board, and the Courts aside from explaining what penalties or punishment may be meted out in the event misconduct is established. Not forgotten is the process of appeal, and reinstatement where an advocate and solicitor is struck off and barred from practice. Every chapter without exception is absolutely vital as both the reputation and livelihood of the practitioner is on the balance. Non-adherence to the due process of discipline may render any disciplinary proceeding and outcome liable to be set aside, or the confidence of the public and society undermined.

Cheryl’s commitment and generosity of knowledge is thus, truly commendable. Every legal practitioner in our jurisdiction owes much to Cheryl for her dedication in collating all necessary material before threading through common values and principles to keep legal practitioners on this correct side of the law. This book must serve as the faithful companion of every legal practitioner; and I congratulate Cheryl for her contribution to the legal community and to the practice of the law. I am deeply privileged to be part of her illustrious contribution to the betterment of the legal
profession, albeit only in writing this foreword.
– From the Foreword By
Dato Mary Lim Thiam Suan
(Retired Federal Court Judge)
November 2024

Contents of The Conduct & Misconduct of Advocates & Solicitors | 2025:

Chapter 1: The Emergence Of The Legal Profession In Malaysia
Chapter 2: The Discipline Of An Advocate And Solicitor
Chapter 3: The Complaint
Chapter 4: The Misconduct
Chapter 5: Proceedings Before The Disciplinary Committee
Chapter 6 : Etiquette And Ethics
Chapter 7: Punishment And Penalties
Chapter 8: Appeals, Objections And Reinstatement
Appendix A: Advocates And Solicitors Ordinance 1914
Appendix B: Advocates And Solicitors Ordinance 1947
Index

About the Author: Cheryl Nicholson

Cheryl Nicholson graduated from the United Kingdom in 1987 with an LLB (Hons) (Second Upper) and subsequently obtained her Certificate in Legal Practice. She was admitted as an Advocate and Solicitor of the High Court of Malaya in 1989 and practiced as a litigation lawyer. In 2006, she earned her Master’s in Comparative Laws from the International Islamic University.

After an 18-year career in legal practice, Cheryl transitioned into academia, joining Taylor’s University as a full-time lecturer at the School of Business and Law. In 2017, she retired from full-time teaching and served for a year as the Director/Secretary of the Advocates & Solicitors Disciplinary Board before returning to Taylor’s University to continue her teaching journey.