The proposed amendments are being finalised and would be submitted to the Federal Attorney General for further action. It would, nevertheless, contain provisions to allow foreign lawyers to do limited legal work, here, said its President, G.B.B. Nandy @ Ganesh.
"This is to ensure that the proposed liberalisation of the legal service will not be used by lawyers from other parts of Malaysia as a back door entry to practise here," he said, at SLA's 39th annual dinner, on Saturday.
He said the move is in line with the World Trade Organistion (WTO) move for liberalisation. However, the position of Sabah and Sarawak is unique in view of the safeguards agreed upon during the formation of Malaysia in 1963.
Currently, peninsula lawyers representing clients in Sabah need to obtain permission from the court here and SLA's views will be taken into account. This is in accordance with the spirit of the Malaysia Agreement on safeguarding local jobs.
At one time it also applied to doctors from West Malaysia wanting to work in Sabah but due to the need to improve medical care in the State, the restriction for doctors became blurred.
Previous attempts to extending the Legal Profession Act to Sabah to allow peninsula lawyers setting up shop here were vehemently opposed by the SLA, whose favourite argument was that it would attract "fly by night" lawyers.....
This is outright against the free market, discriminate and deny Sabahan a wider choice of lawyer and unfair practice.
ReplyDeleteThis will only promote complacency and inhibit the competitiveness of local lawyers.
I am a Sabahan and encounter numerous times where local lawyers are downright choosy and refuses to take my cases which are simple in nature.
It is unfair where most if not all kind of profession have no such restriction. Why are lawyer special ???
Closing doors on west Malaysian lawyers will only enrich local lawyers and they would become more arrogant and lazy.
Common times have come and liberalisation is the trend now, why are we still stuck in this type of mentality. Surely greed and fear play a big part here.
If local lawyers are good or as good as their counterpart in west Malaysia, then what are they afraid of? Competition will create improvement in legal industry and promote greater exchange of knowledge and exposure. Time to change !!!!
Pls try not to create an oligopoly market here.
To allow the lawyers from peninsular work in Sabah has its own pros and cons. It depends from one's perspective.
DeleteSabah lawyers should not try not harp on the general view where Sabahan cannot match with west Malaysian in most if not all aspect.
ReplyDeleteIf Sabahan are truly unable to match west Malaysia certainly this should be the case in legal industry.
If they can't match then this only imply that they are not professionally qualified. If that is the case, Sabahan are not getting the professional services that they deserve!!!
Are we Sabahan paying for lawyer buruk then?
You Sabah lawyers awry trying to create a chattel here. Just ask around, Sabahan can tell you that most if not all lawyers in Sabah are very choosy and complacent. They refuses to learn new area of expertise and happy enough to practice subject they happy with.
This restriction will only breed complacency and fear among our lawyers.
Some if not most lawyers I know, came from well to do families and have the privileges to study laws overseas such as uk.
If that is the case are you still more inferior compared to west Malaysian lawyers???
Perhaps you lawyers should be graded so that clients can have a better choice of class A or Class F lawyers. This way you do not even need to lock your doors for west Malaysian lawyers from coming in.
Eg. Class F lawyer can charge their fee lower for the same service as offered by Class A lawyers.
Choice, quality and pricing should be the consideration here for Sabahan. Until then, Sabahan will have little choice and stuck with a group of lawyers that are fear, greedy and choosy.
Not all local lawyers are like that. However, they must improve their works and services to be par with the peninsular lawyers.
DeleteWonder what our Sabah Consumers Association will have to say about this?
ReplyDeleteLater other profession such as accountants, engineers, architect will start following their legal counterpart by creating such unfair practice.
ReplyDeleteI think this measure will prevent fair trade in the country.
DeleteYa Sabah chamber of commerce will then block retail chain from west such as Vincci, parkson, giant, bata, Bonia, KFC, McDonald from coming into Sabah.
ReplyDeleteAll in the name of protecting Sabahan from competition!!!
Sounds crazy but true if we follow SABAH LAWYERS ASSOCIATION footstep
We should not encourage monopoly, competition is needed for consumer satisfaction.
DeleteWithout competition, one will become too laid back.
DeletePrice competitive harus ada.
DeleteIn no times,sabahan may as well do not use hand-phones not local brand or google etc etc.
ReplyDeleteSabahan always cry being ignored yet they wish no competition.Are they not Land Below The Wind but PEOPLE instead?
If you fail or worry to compete then future would be more hopeless and always become 'directed' or compromised with no advancement.
How can Sabah compete when BN Umno is standing on our way to freedom of expression ?
DeleteBN Umno doesn't like COMPETITION but only like controlling and manipulating other peoples life and work.
We can't have such laws to protect certain people in the business. We ought to encourage healthy competition.
DeleteSimple. You will not progress if being too skeptic. Be an optimist and work hard. No pain no gain.
DeleteThe Sabah Law Association (SLA) is revamping the Practice and Etiquette Course conducted for those intending to be called to the Sabah Bar. In it, chambering students will be exposed to laws unique to Sabah such as the Sabah Land Ordinance and Sabah Limitation Ordinance.
ReplyDeleteSLA president G.B.B Nandy @ Gaanesh also said that this measure is to maintain the quality of those called to the Sabah Bar, the Chief Judge of Sabah and Sarawak has made it compulsory for them to pass an interview where they would be asked questions on Sabah local laws, ethics and on other areas of practice.
DeleteSpeaking at the association’s 39th annual dinner on Saturday night, Nandy said, SLA is finalising the draft amendment to the Advocates Ordinance for the Federal Attorney General’s consideration and action. The proposed amendments to the Advocates Ordinance, among others, provide for the establishment of a statutory body to regulate the affairs of the Sabah Bar.
Delete
DeleteBesides that, it would also allow for a disciplinary board to be established with powers to hear complaints regarding advocates and to take the appropriate action to deal with the misconduct of the advocates, if proven. And at the same time, chambering students would be allowed to appear in Courts for remand proceedings, bail applications and for mentions.
The proposed amendments also contain provisions for liberalisation of legal services to allow foreign lawyers to do limited legal work in Sabah in line with the World Trade Organisation requirement. However, SLA has taken measures to ensure that the provision would not be used by lawyers from other parts of Malaysia as “a back door entry to practice in Sabah.
DeleteSLA has drafted its new Inquiry Committee Rules and Website Rules, expected to come into force at the middle of this month. The new Inquiry Committee will now constitute nine members and a panel of three members would be empowered to conduct inquiry relating to any complaint of misconduct of advocates. With the enlargement of the Committee Members to 9, it is anticipated that complaints can be disposed off faster.
ReplyDeleteThe association is also in the process of drafting new rules for strict compliance of the no discount rules that came into force on 1 October 2010. Nandy acknowledged that the years 2011 and 2012 had been a very hectic period for lawyers in practice as many changes had been made to the way they used to do things. Among others, e-Filing has been introduced in the Courts and from 1 August 2012, the new Rules of Court 2012 have come into force.
ReplyDeleteAmendments to the Criminal Procedure Code such as the new Sections 172A to 172G and others have radically changed how criminal trials are conducted in Courts as new concepts such as pre-trial process, plea-bargaining and victim impact statements have been introduced. Referring to the National Legal Aid Foundation, Nandy said that in line with the foundation’s aim, the SLA has introduced a scheme in a limited manner in Kota Kinabalu, Papar, Penampang and Tuaran.
ReplyDeleteAccording to Nandy, it is limited because SLA is hampered by many constraints such as getting lawyers to volunteer in representing suspects or accused persons besides having limited resources to employ another staff to coordinate the operation of the scheme in Sabah.
ReplyDeleteThe foundation was launched by the Prime Minister in March this year to provide legal aid to all those who have been arrested and to provide legal assistance for those who cannot afford to engage counsels in the event they claim trial, ensuring all people can have access to justice. A total of 95 lawyers have been admitted to the Sabah Bar since 2010.
ReplyDeleteChief Minister, Datuk Seri Musa Haji Aman, commended the SLA for their effort in offering free counsel advice and legal representation through the National Legal Aid Foundation. The Chief Minister was represented by Deputy Chief Minister, Datuk Dr Yee Moh Chai. Also present were Speaker of the State Legislative Assembly, Datuk Salleh Said Keruak and wife Datin Raya Erom.
Deleteharap keputusan yang terbaik akan dapat dibuat.
DeleteHarap keputusan yang terbaik dapat di buat berkenaan isu ini.
DeleteI am a layperson. But I think I can understand the concern of SLA regarding 'fly by night' lawyers that may crop up. Competition is healthy but not all competition is good. Take the PATI issue for example. One or some huha honcho/s concocted the idea to allow thousands of phantoms or morphs, mutants in enough to carry some balls to shore. To compete with local votes. And where are genuine Sabahans now? Last I read native Sabahans below 35 years of age will be barred from working in Singapore. There must be certain reasons to all woes. Perhaps SLA is weaving in certain situation into their framework of association. They should know their situation better, being in the profession. It is important that SLA should set a standard or performance benchmark to keep current.
ReplyDeleteHope that the best decision will be made, for a healthy growth in the industry.
DeleteI notice some of the comments above are out of points. Some are downright news reader. Talk nonsense. The bottom line is why SLA prevent healthy competition by creating unfair barriers to help its members. By doing so SLA is doing a disservice to Sabahan from getting wider choice of lawyers and inhibit the growth and excellent of our lawyers as they will forever like Katak di bawah tempurung .
ReplyDeleteIn today's globalisation even bank improve and merge to compete with foreign banks. Why can't SLA do the same for its members? Coward
I like BMW because it spells my age. Mercedes is fine but I consider it for above my age range. Why aren't there many people owning those cars? Those cars are expensive? Oh, how come oh? Have you heard of 'Protectionism' policy?
DeleteIn that case I am allowed to protect my own pot of rice. Not that I will eat it raw. I must cook it fit for consumption. It will come with lots of trimmings too. I will gear it towards local inclines. With nonsom bambangan and pinaasakan if you have acquired the taste. But if you call for a risotto, briyani,fried rice, nasi lemak, no problem. Can do whip it up for you in a jiffy. Where's my Cook's Bible?
setuju...perkara yang sama juga harus dilakukan terhadap karier profesional lain seperti guru dan jururawat...ini bagi menjamin peluang pekerjaan kepada rakyat sabah.
ReplyDeletemungkin pekara ini akan diteliti.
DeleteThis is a classic case of a group of smart (assume lawyers are) people create protectionism which benefits themselves at the expense of ordinary Sabahan from getting better choice, better service and better rate. Protectionism should be for state wide industry that benefits the people in general and definitely not on legal profession.
ReplyDeleteIf this continues, it is Sabahan that will b the losers as lawyers can continue to be choosy and turn away those in need of their service. They will not be thirst for clients as they will find themselves getting a handful of clients running to them without even lifting a fingers. Their priority is to serve and protect the rights of Sabahan instead of robbing their rights by creating artificial and unfair protection for themselves. A sad moment is coming for Sabahan all in the name of protectionism. PUIIII !!!!!
Certainly everyone has some rights to exercise. I am sure lawyers study their craft to be able to effect something positive. Talking about rights I believe lawyers are synonimous to highlighting them. What good are they for you and me if they can't even be decent to their own profession.
DeleteWhen they don't play the ball properly we will get the ground swell to ensure we will get them to fight for us. They do have to hone their own mettle, don't you think? Who needs a useless lawyer?
Hope that Sabah Law Association will reconsider.
ReplyDeleteSLA please enlist English Medium Schools for Sabah in your agenda.
ReplyDeleteOnce in a while along our paths we tend to get a certain awakening. Epiphanized. I just said that. We talk about this being unfair, that also is unfair. Heck I think it's unfair that I spend more chunks of time doing laundry for my household than I do to pursue my interest.
ReplyDeleteTalk about competition. What has happened to English as the one competitive language of the world for us? Oh ya, McDee, Pizza Hut, Domino's have made through the competition alright. When the stomach is full who cares about gripes. But I can tell you that if someone can just perfect 'masak terjun' for my tiffin box that's where my vouch goes. Aaaah...always waiting for someone else to do the perfection
sokong dengan pelaksanaan ini. semoga ia dapat memastikan jawatan2 di negeri Sabah lebih banyak dipegang oleh rakyat Sabah sendiri.
ReplyDeletePerlu beri lebih banyak peluang pekerjaan kepada penduduk tempatan Sabah.
Deletemasing2 ada pandangan sendiri..setiap sudut ada baik buruknya.
ReplyDeleteiap pekara pasti ada pro dan kontranya.
Deleteharap pekara ini akan dinilai dengan sebaiknya dan keputusan yang terbaik untuk semua dapat dibuat.
ReplyDeletebuat keputusan terbaik behubung hal ini.
Deletepeguma Roderick sudah kena buang dari Sabah ka? dia yang patut kena usir tu..
ReplyDeletePeguam yang tidak alert dan memahami Sabah tidak diperlukan di sabah
DeleteKes ini harus diberi perhatian dari pelbagai pihak kerana tidak semua pihak berpendapar sama.
ReplyDeleteSemua kes perlu diberi perhatian dan diteliti dengan sebaik mungkin
DeleteLakukan yang terbaik untuk Sabah.
ReplyDeleteSemuanya adalah untuk Sabah, buatlah terbaik
DeleteKita mahukan persaingan yang sihat supaya kita sendiri boleh memperbaiki kelemahan yang kita ada supaya setanding dengan yang lain. Persaingan menjadi tidak sihat bila ada unsur2 manipulasi dan rasuah.
ReplyDeletePersaingan yang sihat amat diperlukan. Jangan lahirkan generasi rasuah
DeleteAsah diri itu dulu. Mungkin saingan juga yang membibit rasuah
ReplyDeleteElakan rasuah, jangan amalakan rasuah
DeleteRasuah akan menjadi halangan besar ekonomi negara terus ke hadapan.
DeleteSLA tegakkan apa yang terkandung dalam Malaysia Agreement. Kalau bukan siapa lagi?
ReplyDeleteMost of those who commented here do not know the nature of legal practice. Make a research first then comment.
ReplyDelete