THE Bar Council has received “troubling” reports that a number of banks in Malaysia, which are allowed to operate while a Movement Control Order (MCO) is in place, are compelling their panel law firms to adhere to strict timelines for legal services.
It called upon banks not to impose unnecessary demands and instructions on their panel lawyers in the light of the directive to close government and private premises, which essentially includes law firms.
“With the current public health crisis that is faced by our nation, this state of affairs, if proven true, is ethically unacceptable and potentially illegal,” it said.
It urged Bank Negara Malaysia to take cognisance of the requests of some banks instructing lawyers to perform ordinary works without the physical files and other facilities normally available to them.
“In the end, this may result in lawyers being mobilised to return to their respective offices to meet the demand of their bank clients. The Bar Council is concerned that the movement and congregations of lawyers in the firm, in fear of any reprisals from their client banks, negate the social distancing directive of the authorities,” it said.
“There is also the concern that working from the office would be in contravention of the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020 (P.U. (A) 91 dated 18 March, 2020) (“Regulations”), and might carry a penalty for defiance or running foul of the Government Order to close,” it added.
In a separate circular, The Bar urged law firms to comply with the MCO saying it had received complaints that some firms are open and continuing to operate by asking their employees, lawyers, and pupils to attend to clients, despite the standing MCO.
“We strongly advise members to comply with the Order and Regulation in order to avoid offending the law, and so that we can keep everyone safe and contribute to achieving the goal that the Order and Regulation intend to achieve,” it said.
A reminder was also added to Bar members that any person in defiance of the MCO can be liable to either imprisonment not exceeding two years, a fine, or both for a first offence. A second or subsequent offence would lead to imprisonment not exceeding five years, a fine, or both, and for continuing offenders, a further fine not exceeding RM200 for each day the offence continues. – March 18, 2020
