Ex-law minister Zaid sues legal firm he founded

 

Former de facto law minister Zaid Ibrahim is suing the law firm that he founded in 1987 in order to stop it from using his name.

His solicitors, Messrs Suflan TH Liew & Partners, filed the legal action at the  High Court Registry in Kuala Lumpur on Nov 18.

Messrs Zaid Ibrahim & Co is listed as the sole defendant.

On Oct 28, it was reported that Zaid, who is Kelantan DAP chief, would be returning to the legal firm he founded 33 years ago, where he was then to assume the post of chairperson, effective Nov 1. 

After having been with the firm for 21 years, the plaintiff left in March 2008 to assume the post of minister of legal affairs and judicial reform. He held the ministership until September the same year.

Zaid claimed that after taking up the legal firm’s chairperson post on Nov 1, the firm suddenly, on Nov 9, served on him a notice of termination from all posts in the firm with immediate effect.

“The termination was based on what was termed as 'unauthorised acts', which the plaintiff was alleged to have done unilaterally, the precise nature of which was not specified.

“The plaintiff avers and will contend that the purported termination of his positions as chairperson and as an equity partner of the firm was wrongful and he reserves as his rights to seek appropriate relief against the defendant,” the suit’s statement of claim states.

The plaintiff claimed that the defendant’s use of his personal name as the name of the law firm would amount to misrepresentation.

Zaid alleged that the firm utilising his personal name would lead the public to believe the services provided by the firm were actually services provided by him and/or the defendant was economically related to the plaintiff.

“By reason of the defendant’s wrongful use of the plaintiff’s name as the name of its law practice, the plaintiff has been deprived of the use of his own name, which he had used to set up the defendant’s firm in the first place,” the statement alleged.

The plaintiff also claimed that the firm is wrongfully utilising his name in its name as it would amount to a breach of Bar Council Ruling No 2.01.

“The plaintiff had been terminated from the firm with immediate effect from Nov 9, 2020. As such, the plaintiff was and is no longer a partner or a member of the defendant’s firm.

“With the termination of the plaintiff, the partnership was effectively dissolved and the defendant continued in its practice thereafter as a newly constituted firm without the plaintiff.

“In the premises, the defendant is not entitled, as a matter of law, or professional requirements, to use the plaintiff’s name as the name of its practice that is currently functioning,” Zaid claimed.

Zaid is seeking an injunction to restrain the defendant, its servants or agents or otherwise howsoever, from the use of his name in any form and style as the firm’s name.

The plaintiff seeks for delivery of all materials, such as letterhead, notepaper, invoices, and brochures, used by the firm in the course of its practice which bear his name.

He also is seeking an assessment as to damages for the wrongful use of the plaintiff’s name with interest, costs and any further relief as the court deems fit.

Later, in a media statement, Messrs Zaid Ibrahim & Co refuted the allegations contained in the suit, reiterating that the firm would respond strongly through the legal process.

"We firmly deny all allegations. We believe the allegations are without merit and will be responding vigorously through court filings.

"It is regrettable that, notwithstanding this matter is before the courts, a parallel media campaign is also undertaken against us. We shall not reciprocate. Our partnership stands united and it is business as usual.

"The firm looks forward to continuing to be a leading Malaysian law firm with market-defining insights while maintaining our corporate reputation for trust and the highest standards of professionalism for our clients," the defendant's statement said.  - Mkini