Akta Profesion Undang-Undang 1976
Applies to: In force in Peninsular Malaysia. Section 2 allows it to be applied to Sabah and Sarawak by order, but those States have their own advocates' legislation and professional bodies · Official text ↗
- Only a person whose name is on the Roll of advocates and solicitors and who holds a valid practising certificate may practise or act as an advocate and solicitor; anyone else is an "unauthorised person" (s 36).
- Advocates and solicitors have the exclusive right to appear and plead in the courts, with listed exceptions such as government legal officers (s 35).
- An unauthorised person commits an offence if, for or in expectation of a fee, gain or reward, they draw or prepare documents relating to land, legal proceedings, trusts, probate or company formation, send letters threatening legal action, or negotiate personal injury claims (s 37(2)). Advising on law for reward is also an offence (s 37(2A)).
- Exceptions are narrow (s 38), for example a person acting for themselves, accountants and company auditors in their own field, people merely employed to engross (fair-copy) documents, and full-time employees of an advocate and solicitor working under a practising lawyer's authority. Wills are not covered (s 38(2)).
- The Malaysian Bar and its Bar Council represent and regulate the profession (ss 41 to 58). Complaints of misconduct go to the independent Advocates and Solicitors Disciplinary Board, set up in 1992 under s 93.
- Fees for non-contentious work, such as conveyancing, are governed by the Solicitors' Remuneration Order, currently the 2023 Order.
What this law covers
The Legal Profession Act 1976 (Akta Profesion Undang-Undang 1976), Act 166, governs the legal profession. It covers:
- qualification and admission to the Bar (Parts II and III);
- practising certificates and the rights of advocates and solicitors (Part IV), including the offence of acting as a lawyer when not authorised;
- foreign lawyers, international partnerships and qualified foreign law firms (Part IVA);
- the Malaysian Bar, the Bar Council and State Bar Committees (Part V);
- rules of practice and etiquette, accounts and the Compensation Fund;
- remuneration of lawyers; and
- discipline (Part VII).
An advocate and solicitor (peguambela dan peguamcara) in Peninsular Malaysia is admitted by the High Court in Malaya and enrolled on the Roll. Sabah and Sarawak have their own advocates' legislation and professional bodies. Syariah lawyers (peguam syarie) are regulated separately under State laws; Syariah court proceedings are excluded from s 37 (s 38(1)(i)).
Who may practise
Under s 11, a "qualified person" (holding a recognised law degree or professional qualification, or the Certificate in Legal Practice) may be admitted if they:
- are at least 18;
- are of good character, for example no conviction involving fraud or dishonesty that makes them unfit, and not disbarred elsewhere;
- are a citizen or permanent resident of Malaysia; and
- have satisfactorily served the prescribed period of pupillage (chambering) in Malaysia.
Since 1 January 1984 they must also pass, or be exempted from, the Bahasa Malaysia Qualifying Examination (s 11(2)). Applications are by petition to the High Court, and the Bar Council, State Bar Committee and Attorney General may object.
Under s 36(1), no one may practise or do any act as an advocate and solicitor unless their name is on the Roll and they hold a valid practising certificate (Sijil Annual) issued each year. Anyone else is an "unauthorised person" (orang yang tidak diberi kuasa). Pupils may appear in limited matters under a court order (s 36(2)).
Under s 35, advocates and solicitors have the exclusive right to appear and plead in all courts, subject to rights preserved for government legal officers, insolvency and Public Trust Corporation officers, and the Legal Aid Department.
How to check a lawyer: the Malaysian Bar provides a public search of lawyers holding current practising certificates on its website.
What non-lawyers may not do (s 37)
Section 37 makes it an offence for an unauthorised person to do lawyers' work.
Section 37(1): an unauthorised person must not act as an advocate and solicitor or as an agent for a party; sue out any writ, summons or process; commence, carry on, solicit or defend any action or proceedings in someone else's name in any Malaysian court; or draw or prepare any instrument relating to any proceedings in those courts. They also must not falsely pretend to be, or use a title implying they are, qualified or authorised to act as an advocate and solicitor. Penalty: a fine up to RM2,500, or up to 6 months' imprisonment, or both.
Section 37(2): without limiting s 37(1), an unauthorised person who either directly or indirectly:
- draws or prepares any document or instrument relating to any immovable property, any legal proceedings, or any trust;
- takes instructions for, or draws or prepares, any document on which to found or oppose a grant of probate or letters of administration;
- draws or prepares any document or instrument relating to the incorporation or formation of a limited company;
- on behalf of a claimant, writes, publishes or sends a letter or notice threatening legal proceedings, other than one saying the matter will be handed to an advocate and solicitor; or
- solicits the right to negotiate, negotiates or settles any claim for personal injury or death,
commits an offence unless they prove that the act was not done for or in expectation of any fee, gain or reward.
Section 37(2A): an unauthorised person who does, or solicits the right to do, any act customarily within the function or responsibility of an advocate and solicitor, including advising on law (Malaysian or otherwise), also commits an offence unless they prove it was not done for or in expectation of a fee, gain or reward. Foreign lawyers advising on non-Malaysian law on short visits (up to 60 days a year) are excepted (s 37(2B)).
Section 37(3): it is also an offence for an unauthorised person to offer or agree to place a lawyer's services at someone else's disposal (touting), except under a lawful contract of indemnity or insurance.
Penalties for ss 37(2), (2A) and (3) (s 37(4)): first offence, a fine up to RM500 (or up to 3 months' imprisonment in default); subsequent offences, a fine up to RM2,000, or up to 6 months, or both. Companies face fines of up to RM1,000 and RM3,000, and their directors and officers may also be liable (s 37(5)). Every member of a firm is deemed to have committed the offence unless they prove they were unaware of it (s 37(6)). An offence relating to High Court proceedings is also contempt of court (s 37(7)).
Consequences for fees: costs for work done in breach of s 37 cannot be recovered, and anyone who paid an unauthorised person for such work can sue to get the money back (s 40). Whoever draws or prepares a document referred to in s 37 must endorse on it their name and address, or the name and address of their firm or the firm employing them (s 39).
Exceptions (ss 37A and 38)
Section 37 does not apply to (s 38(1)), among others:
- the Attorney General, Solicitor General and persons acting under their authority; other public officers drawing or preparing instruments in the course of duty; insolvency, Public Trust Corporation and Legal Aid officers;
- a person acting personally for themselves in a matter to which they are a party, or a full-time paid employee acting solely for their employer company in a matter to which it is a party (but not representing it in court, or attesting documents that must be attested by a lawyer) (s 38(1)(d));
- full-time employees of an insurer negotiating or settling personal injury or death claims insured by that insurer (s 38(1)(e));
- full-time law lecturers acting solely in an advisory capacity on instructions from a practising advocate and solicitor (s 38(1)(g));
- accountants drawing or preparing documents in the exercise of their profession (s 38(1)(h)); approved company auditors preparing company incorporation documents (s 38(1)(k)); authorised trade mark agents in trade mark matters (s 38(1)(l));
- proceedings before the Industrial Court or a Syariah Court (s 38(1)(i));
- any person merely employed to engross any instrument or proceeding (s 38(1)(j)): to engross is to make the fair or final copy of a document;
- any full-time employee of an advocate and solicitor drawing or preparing any document under the authority of a practising advocate and solicitor and for the purposes of his employer (s 38(1)(m)).
"Document" and "instrument" in s 37 do not include a will or other testamentary document (s 38(2)), so preparing a will is not caught by s 37. Arbitration proceedings governed by the Arbitration Act 2005 are also outside ss 36 and 37, except for related court proceedings (s 37A).
Paralegal and outsourced drafting for law firms
A common question is whether a non-lawyer, working independently, may prepare first drafts for law firms, for example draft pleadings, tenancy agreements, sale and purchase agreements or trust deeds. In this arrangement, the lawyer gives instructions, reviews and adopts the draft, signs it and remains responsible, and the drafter never deals with or charges the lay client.
What the text of the Act shows:
- Section 37(2) catches anyone who "either directly or indirectly" draws or prepares a document of the listed kinds (immovable property, legal proceedings, trusts, probate and administration, company formation) for or in expectation of a fee, gain or reward. Section 37(1)(a) separately catches drawing or preparing any instrument relating to court proceedings, without any fee requirement. The Act does not say that these offences stop applying because a lawyer later reviews or signs the document, or because the drafter is paid by the law firm instead of the client.
- The exception written for this situation is s 38(1)(m), but it covers only a full-time employee of an advocate and solicitor, working under a practising lawyer's authority and for the employer's purposes. An independent contractor, freelancer or outsourcing company is not, on the words of the Act, a full-time employee of the law firm.
- Section 38(1)(j) covers only a person "merely employed to engross", meaning to produce a fair copy. It does not cover substantive drafting.
- Section 38(1)(g) shows that Parliament made a specific exception for advisory work done on a practising lawyer's instructions, but only for full-time law academics.
- Drafting wills is outside s 37 (s 38(2)). Drafting that does not involve land, trusts, proceedings, probate or company formation is outside the specific list in s 37(2), but may still be an act "customarily within the function of an advocate and solicitor" under s 37(2A) if done for reward.
Result: on the wording of the Act, a paid, independent non-lawyer who prepares first drafts of documents in the s 37(2) categories for law firms risks committing an offence, even if the lawyer reviews and signs the final document. Working as a full-time employee of the firm under a practising lawyer's authority falls within s 38(1)(m). We found no reported Malaysian court decision or published Bar Council ruling that deals directly with outsourced drafting, so the position has not been tested. A firm that uses unauthorised persons also risks disciplinary action against its lawyers under the profession's rules. Anyone planning such work should get a written opinion from an advocate and solicitor, and may ask the Bar Council for guidance.
The Bar, fees and complaints
The Malaysian Bar (Badan Peguam Malaysia) is established by s 41. All advocates and solicitors with practising certificates in Peninsular Malaysia are members. Its purposes (s 42) include upholding the cause of justice without fear or favour, maintaining standards of conduct and learning, protecting and assisting the public in matters relating to the law, and promoting legal aid. It is managed by the Bar Council (Majlis Peguam) (s 47), with State Bar Committees. The Bar Council runs the Legal Aid Centres; see Getting legal help.
Fees. Lawyers' fees for non-contentious work, such as conveyancing and loan documentation, are set by the Solicitors' Remuneration Order; the current one is the Solicitors' Remuneration Order 2023. Litigation costs are dealt with by the courts. Clients are entitled to a bill and may ask for a lawyer's bill to be taxed (assessed) by the court.
Complaints and discipline. The Advocates and Solicitors Disciplinary Board (Lembaga Tatatertib Peguam Bela dan Peguam Cara) was set up in 1992 under s 93 and is independent of the Bar. It deals with complaints of professional misconduct against advocates and solicitors, pupils and registered foreign lawyers. Complaints may be investigated by an Investigating Tribunal and heard by a Disciplinary Committee. The Board can impose sanctions ranging from a reprimand or fine to suspension or striking off the Roll. A lawyer must be given a chance to be heard before an adverse order. Complaints about unauthorised persons doing lawyers' work can be made to the Bar Council and to the police.
Laws cited on this page
| Act 166 | Legal Profession Act 1976 · Akta Profesion Undang-Undang 1976 | Official text |
| Act 346 | Wills Act 1959 · Akta Wasiat 1959 | Official text |
| Act 646 | Arbitration Act 2005 · Akta Timbangtara 2005 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Applies throughout Malaysia, but to Sabah and Sarawak only with modifications made by order. |
| s 11 | Qualifications for admission: 18+, good character, citizen or PR, pupillage; Bahasa Malaysia exam (s 11(2)). |
| s 35 | Advocates and solicitors' exclusive right to appear and plead in court, with listed exceptions. |
| s 36 | Must be on the Roll with a valid practising certificate; otherwise an "unauthorised person". |
| s 37(1) | Offence to act as a lawyer, conduct proceedings for others, prepare court instruments, or pretend to be qualified. |
| s 37(2) | Offence (unless no fee, gain or reward) to draw or prepare, directly or indirectly, documents on land, proceedings, trusts, probate, company formation; threaten legal action; negotiate injury claims. |
| s 37(2A) | Offence for reward to do any act customarily within a lawyer's function, including advising on law. |
| s 37(4)-(7) | Penalties; liability of companies, directors and firm members; contempt of court. |
| s 37A | Sections 36 and 37 do not apply to arbitral proceedings. |
| s 38(1) | Exceptions, incl. acting for oneself, accountants, auditors, engrossing clerks, full-time employees of a lawyer under a practising lawyer's authority. |
| s 38(2) | "Document" and "instrument" in s 37 do not include wills. |
| s 39 | Person preparing a s 37 document must endorse their (or their firm's or employer firm's) name and address. |
| s 40 | No costs recoverable for unauthorised work; payments can be recovered. |
| ss 41 and 42 | Malaysian Bar established; its purposes. |
| s 93 | Advocates and Solicitors Disciplinary Board. |
Worked examples
Facts. Nadia has a law degree but is not admitted and has no practising certificate. She runs a small business producing first drafts of tenancy agreements, sale and purchase agreements and statements of claim for several law firms. Each firm sends her its instructions; a practising lawyer reviews, amends, adopts and signs the final document and deals with the client. Nadia invoices the firms, never the clients, and never meets them.
The law. Nadia is an "unauthorised person" (s 36). Tenancy and sale agreements relate to immovable property, and statements of claim relate to legal proceedings, so they fall within s 37(2)(a). The provision applies to anyone who "directly or indirectly" draws or prepares them for a fee. The statements of claim are also instruments relating to court proceedings under s 37(1)(a), which has no fee requirement. The exception for lawyers' staff, s 38(1)(m), covers only a full-time employee of an advocate and solicitor; the engrossing exception, s 38(1)(j), covers only fair-copying. Neither covers an independent business, and the Act has no exception for documents that a lawyer later reviews and signs.
Outcome. On the wording of the Act, Nadia's paid drafting of these documents risks offences under s 37(1) and (2), and her fees may be recoverable from her under s 40. The firms' lawyers also face professional risk. No reported Malaysian decision on this model was found, so the point is untested. A safer structure is for Nadia to work as a full-time employee of a firm (s 38(1)(m)), or to limit freelance work to documents outside s 37, such as wills (s 38(2)). She should get a written legal opinion and may seek Bar Council guidance before continuing.
Facts. A property agent tells Mr Tan she will prepare his tenancy agreement for RM300 and stamp it for him.
The law. A tenancy agreement relates to immovable property, so preparing it for a fee is an offence for an unauthorised person under s 37(2)(a), unless an exception in s 38 applies. Fees paid can be recovered under s 40.
Outcome. Mr Tan can ask a lawyer to prepare it (fees follow the Solicitors' Remuneration Order), or prepare it himself for his own property (s 38(1)(d)).
Facts. A debt-collection consultant, not a lawyer, sends Aminah a letter on behalf of a creditor threatening to sue her within 7 days.
The law. Under s 37(2)(d), an unauthorised person who sends a letter threatening legal proceedings on behalf of a claimant for a fee commits an offence, unless the letter only says the matter will be handed to a lawyer.
Outcome. Aminah should not ignore any real debt, but she can report the consultant to the Bar Council or the police. Any real legal action must be brought by the creditor or its lawyers.
Facts. Ravi paid a lawyer RM5,000 to file a claim. A year later nothing has been filed and the lawyer does not answer calls.
The law. Unreasonable delay and failure to communicate may amount to professional misconduct, which the Advocates and Solicitors Disciplinary Board (s 93) can investigate.
Outcome. Ravi should first write to the lawyer asking for a status update and the return of his file and unused money. If that fails, he can lodge a complaint with the Disciplinary Board. The Board deals with discipline; recovering money or claiming compensation may need a separate civil claim.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
How can I check if someone is really a lawyer?
Only a person on the Roll with a current practising certificate may act as an advocate and solicitor (s 36). The Malaysian Bar's website has a search for lawyers with current practising certificates. Pretending to be a lawyer is an offence under s 37(1)(b).
Can a non-lawyer prepare my sale and purchase agreement or tenancy agreement?
Not for a fee. Under s 37(2)(a), preparing documents relating to immovable property for or in expectation of a fee, gain or reward is an offence for an unauthorised person, unless an exception in s 38 applies. You may prepare documents for your own matters yourself (s 38(1)(d)).
Can someone who is not a lawyer write my will?
Section 37 does not cover wills: s 38(2) excludes wills and other testamentary documents from "document" and "instrument". Will-writing companies therefore operate outside s 37. Make sure the will is properly signed and witnessed under the Wills Act 1959 (or follows the rules on wasiat if you are Muslim).
Can a paralegal working for a law firm draft documents?
Yes, if they are a full-time employee of an advocate and solicitor, drafting under the authority of a practising lawyer and for the firm's purposes (s 38(1)(m)). An independent contractor is not covered by that exception on the words of the Act; see the section on outsourced drafting above.
How do I complain about my lawyer?
Complaints of professional misconduct go to the Advocates and Solicitors Disciplinary Board, an independent body set up under s 93. It can impose sanctions from a reprimand to striking off. For disputes about the amount of a bill, you can ask for the bill to be taxed by the court. For lost money, you may need a civil claim; in cases of dishonesty, the Bar's Compensation Fund may help.
Are lawyers' fees fixed?
For non-contentious work such as conveyancing, fees are governed by the Solicitors' Remuneration Order (currently the 2023 Order). Litigation fees are agreed with the lawyer, and costs ordered by the court are assessed separately. Ask for a written fee estimate before you instruct a lawyer.
Can a company director represent the company in court?
Under s 38(1)(d), a full-time paid employee acting solely for their employer company in a matter to which it is a party is exempt from s 37, but has no right to represent the company in court or in chambers. The court's rules govern representation of companies in court proceedings, so get advice.
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Sources
- Legal Profession Act 1976 (Act 166), Part 1: ss 1-43 incl. ss 35-40 (reprint incorporating amendments to 4 June 2014, via Low & Partners)
- Legal Profession Act 1976 (Act 166), Part 2 (via Low & Partners)
- Advocates and Solicitors Disciplinary Board (set up 1992 under s 93)
- KL Bar: Survey on awareness and compliance of the Solicitors' Remuneration Order 2023
- Malaysian Bar
- Laws of Malaysia portal (Attorney General's Chambers)
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