Respect professional privilege when probing lawyers, says Bar Council

The Bar Council said it will meet with heads of law enforcement agencies to address actions that disrupt lawyers’ professional privileges or duties.

PETALING JAYA: 

Recent investigations and arrests involving lawyers have prompted the Bar Council to remind enforcement agencies, including the Malaysian Anti-Corruption Commission, to respect the principles of legal professional privilege and the right to representation.

In a circular, the council’s criminal law committee said these principles were sacrosanct in law enforcement and the administration of justice.

“It has come to our attention that MACC has been conducting raids on law firms and freezing their accounts. It is crucial to differentiate between arrests made in a personal capacity and arrests involving lawyers in performing their professional duties under the Legal Profession Act 1976 (LPA).

In the light of these developments, the council urges all members to urgently contact the Bar Council committee on Amla if their firm is targeted by such actions,

 the committee said in the circular sighted by FMT.

It did not give details of the firms involved.

The committee said a meeting with the MACC chief commissioner and other heads of law enforcement agencies will be held soon to address and object to any investigative or police actions that disrupt lawyers’ professional privileges or duties.

To protect the statutory liberties provided for under the LPA, the Bar Council said it has set up a task force to oversee any issue relating to the arrest of lawyers performing their professional duties.

It urged members to submit details of such arrests or investigations by the enforcement agencies, adding that all information will be kept confidential.

“If these complaints have merit upon review, representatives will be appointed by the Bar Council to act as amicus curiae, or to hold watching briefs, during arrests, remands, and investigations.

A meeting will be arranged with the state Bar to streamline a nationwide response system where arrests or police investigations are in contravention of the LPA,

 it said.

While the Bar committee stressed the importance of upholding legal professional privilege, confidentiality, and providing support to members, it maintained that any action seen to be violating the law, such as knowingly engaging in or assisting corrupt practices, will not be condoned.

It said it would vet submissions from members detailing arrests or investigations, adding that this was crucial to uphold 

the ethical standards that legal practitioners in Malaysia are expected to measure up to

.

Members can rest assured that the information provided will not be used against them in disciplinary actions by the Bar Council, and the SOP in this process is similar to that followed for professional indemnity claims,

 the committee said. - FMT