Legal Malpractice

A lawyer can never guarantee a particular outcome and not getting the desired (or expected) outcome in your case is not enough to amount to a legal malpractice. Nevertheless, as is the case with every regulated profession, a lawyer is bound by prescribed standards, codes of ethical conduct and a high degree of professional care. If a lawyer has acted inappropriately with the intent to and/or knowledge that such an act would harm the client, that client may lodge a complaint against that lawyer to the Malaysian Advocates and Solicitors Disciplinary Board. Any advocate and solicitor who has been guilty of any misconduct under the Legal Profession Act 1976 shall be liable to one or more of the following penalties or punishments: to be struck off the Roll of Advocates and Solicitors, to be suspended from practice, to be ordered to pay a fine or to be reprimanded or censured.

We advise and assist complainants and lawyers in pursuing and responding to complaints to the Malaysian Advocates and Solicitors Disciplinary Board.

Our Services

Our services and support include, but is not limited to the following:

• Reviewing the related agreements between parties and identifying the laws and regulations applicable including relevant professional rules, codes and policies.
• Providing legal advisory and support to our clients on compliance in their dealings with the Courts.
• Advising clients on the reliefs available for different types of claims of professional malpractice.
• Advising clients on the procedures involved during the disciplinary hearing before the Disciplinary Committee and/or the Disciplinary Board.
• Negotiating and drafting an amicable settlement between parties, if possible.
• Drafting the complaint form, statutory declaration, and compiling the supporting documents to be filed to the Disciplinary Committee and/or the Disciplinary Board.
• Representing lawyers and complainants before the Disciplinary Committee and/or the Disciplinary Board.

Our Experience

• Represented individuals against their former lawyers who held the clients’ money on trust and refused to release monies to intended recipient(s) and consequently misappropriated clients’ funds.
• Represented an individual against their former lawyer who colluded with the opponent’s lawyer to misrepresent the client’s company in order to gain another profitable contract.
• Defended a former partner of a law firm against a complaint filed based on a mistake (delay in filing by the lawyers) which occurred after the partner had left the firm.
• Advised a local company and issued a legal opinion on whether the company’s proposed new website would be in breach of section 37 of the Legal Profession Act 1976

Related Services

• Arbitration
• Business Crime
• Corporate & Commercial Contracts
• Data Protection / Data Theft
• Defamation
• Disciplinary Procedures
• Fraud & Breach of Trust
• Insurance
• Intellectual Property
• Mediation
• Regulatory Compliance
• Regulatory Enforcement
• Whistleblowing

Reviews & Testimonials

• “I had a pleasure in meeting Agalya from MahWengKwai & Associates. I cannot express how grateful I am for her professionalism and patience in handling my case by meticulously addressing each issue in reference to my case. Besides the professional and sound advice that was given by Agalya appreciated her friendly and hospitable approach as a client.” – Lavenya