‘Stain on legal community’: Malaysian Bar president warns errant members after police flag criminal cases against lawyers

KUALA LUMPUR: For the second time in two months, the president of the Malaysian Bar has issued a strongly-worded statement against the unethical behaviour of some errant lawyers, warning that it will take to task those who have “breached the trust bestowed upon them by the public”. 

“We condemn such actions in the strongest and most unequivocal terms,” Mr Mohamad Ezri Abdul Wahab said in a statement on Friday (Aug 16), referring to the Malaysian Bar’s stance against the dishonest and fraudulent conduct of some of its members.

The Malaysian Bar is a professional body tasked with regulating the legal profession in the country. 

Mr Ezri’s statement came after the Bukit Aman Commercial Crime Investigation Department (CCID) director Ramli Mohamed Yoosuf said on Aug 13 that a total of 33 criminal breach of trust (CBT) cases involving lawyers were reported nationwide last year.  

These cases resulted in losses of over RM33 million (US$7.4 million).

And Mr Ramli warned that the number of criminal cases involving such crimes is expected to increase, with more than RM20 million in losses having been recorded this year so far. 

In 2022, 29 CBT cases involving lawyers were recorded amounting to losses of RM13 million, Bernama reported. 

Mr Ezri in his statement on Friday however said that there appears to be an “alarming trend” that has unjustly diminished the role of lawyers in society. 

“The focus is no longer on the significant contributions lawyers make to society, but rather on the misconduct of a few, which unfortunately casts a shadow on the entire profession,” he said. 

Mr Ezri warned that the current economic landscape – together with the increasing societal pressures on the profession – has placed unprecedented challenges on lawyers across Malaysia.

“Moreover, the growing demand for discounts and the devaluation of legal services further exacerbates the challenges faced by lawyers today.  

“This trend undermines the value of the critical work we do and threatens the sustainability of legal practices, particularly smaller firms and sole practitioners. Legal services are not a commodity that can be bargained; they are essential services that require specialised knowledge, skills, and a commitment to justice,” he said. 

Referring to the 33 cases investigated by the police last year, Mr Ezri said that based on records, they included one case from Sarawak, 14 which involved people who are not members of the Malaysian Bar, as well as eight cases in which the Advocates and Solicitors Disciplinary Board (ASDB) had issued ordered against its members. 

According to its website, the ASDB adjudicates complaints of professional misconduct by an advocate and solicitor or a pupil or a foreign lawyer registered under Section 40J of the Legal Profession Act 1976 in the country. 
  
Mr Ezri added that since 2023, the Bar Council – which manages the affairs and executes the functions of the Malaysian Bar – had lodged six police reports against those impersonating lawyers or forging documents to carry out fraudulent and dishonest conduct.

He also encouraged members of the public to lodge a complaint with the ASDB if they believed that the conduct of the advocate and solicitor concerned amounted to misconduct.

“Dishonest lawyers are a stain on the legal community, and their misconduct diminishes the integrity of the many honourable and diligent members who uphold our profession’s highest standards,” said Mr Ezri. 

The Malaysian Bar has over the years made several statements where it said it viewed dishonesty or fraudulent conduct of members very seriously. 

According to a report by news portal Free Malaysia Today in June, two lawyers had claimed that they were investigated by the Malaysian Anti-Corruption Commission (MACC) in their capacity as lawyers for a building’s management committee in a strata management case.

Mr Ezri had said then that while they were firm against unethical practices and dishonest acts by lawyers, he reminded all enforcement bodies such as the MACC to respect legal professional privilege and the right to legal representation. 

Mr Ezri also told FMT then that the Malaysian Bar had launched a new risk management solution called Elevate to tackle the issue of law firms embezzling clients funds from trust accounts.

In May, Mr Ramli – the CCID director – was quoted by Bernama as saying that the authorities had received 22 reports on cases involving law firms, with losses amounting to RM19 million.

Last November, police had also arrested a lawyer who received RM2.7 million for the sale of a plot of land in Selangor after failing to transfer the land ownership to the new buyer.