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PART VI

PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

77. Power to make rules regulating practice, etc.

(1) Without prejudice to any other power to make rules provided under this Act, the Bar Council may, with the approval of the Attorney General make rules for regulating the professional practice, etiquette, conduct and discipline of advocates and solicitors.

(2) Any rules made pursuant to this section shall not come into operation until they have been published in the *Gazette.

(3) Any advocate and solicitor who fails to comply with any rules made under this section maybe liable to disciplinary proceedings.

(4) The Attorney General may, by order published in the Gazette, make such modifications as he deems necessary to any rules made and published under this section before the coming into operation of this subsection.

78. Power to make particular rules.

(1) The Bar Council shall make rules-**

(a) providing for the opening and keeping by advocates and solicitors of accounts at banks for clients' moneys;

(b) providing for the keeping by advocates and solicitors of accounts containing particulars and information as to moneys received, held or paid by them for or on account of their clients; and

(c) empowering the Bar Council to take such action as may be necessary to enable it to ascertain whether or not the rules are being complied with.

(2)The Bar Council shall also make rules-

(a) providing for the opening and keeping by every advocate and solicitor who is a sole trustee, or who is co-trustee with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is such a sole trustee or CO-trustee;

(b) providing for the keeping by every such advocate and solicitor of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any such trust; and

(c) empowering the Bar Council to take such action as may be necessary to enable it to ascertain whether or not the rules are being complied with.

(3)

(a) Rules made under this section shall make provision for requiring an advocate and solicitor, in such cases as may be prescribed by the rules, either-

(i) to keep on deposit in a separate account at a bank for the benefit of the client moneys received for or on account of a client if the client should so request; or

(ii) to make good to the client out of his own money a sum equivalent to the interest which would have accrued if the moneys so received had been so kept on deposit.

(b) Except as provided by any rules made pursuant to this section, an advocate and solicitor shall not be liable by virtue of the relation between advocate and solicitor and client to account to any client for interest receive by him on moneys deposited at a bank being moneys received or held for or on account of his clients generally,

(c) Nothing in this subsection, or in any rules made pursuant to this section, shall-

(i) affect any arrangement in writing, whenever made, between an advocate and solicitor and his client as to the application of the client's moneys or interest therein;

(ii) apply to moneys received by an advocate and solicitor being moneys subject to a trust of which he is a trustee.

(4) Any rules made pursuant to this section shall not come into operation until they have been published in the Gazette.

(5) Disciplinary proceedings may be taken against any advocate and solicitor who fails to comply with any rules made under this section.

(6) In this section, the words `trust" and "trustee" extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incident to the office of a personal representative, and "trustee", where the context admits, includes a personal representative.

78A. Power to make rules on professional indemnity.

(1) The Bar Council may, with the approval of the Attorney General, make rules concerning the taking out of professional indemnity for advocates and solicitors against any class of professional liability and the rules may for the purpose of providing such indemnity do all or any of the following: [Am. Act A 812]

(a)authorise the Bar Council to take out and maintain insurance in the name of the Malaysian Bar with any person permitted by law to carryon professional liability insurance business or pecuniary loss insurance business and covering every practising advocate and solicitor;

(b)authorise the Bar Council to establish and maintain a fund or funds for the aforesaid purpose; or

(c) require advocates and solicitors to take out and maintain insurance.

(2) Without prejudice to the generality of subsection (1), rules made under this section may

(a)specify the terms and conditions on which professional indemnity is to be available;

(b)provide for the management, administration and protection of any fund established under subsection (1) and require advocates and solicitors to make payments to any such fund;

(c)require advocates and solicitors to make payments by way of premiums on any policy taken out under subsection (1) and provide for proceedings by the Malaysian Bar or its insurers against any advocate and solicitor who fails to do so for recovery of the appropriate premiums;

(d) prescribe the conditions which an insurance policy must satisfy for the purpose of subsection (1) (c);

(e) authorise the Bar Council to determine the amount of any payment required by the rules;

(f) specify the circumstances in which where an advocate and solicitor has failed to comply with the rules, proceedings in respect of any sum paid by way of indemnity may be taken against him by the Malaysian Bar or its insurers;

(g) prescribe that an advocate and solicitor shall not be entitled to a Sijil Annual unless he is insured as required by the rules for the period to which the Sijil Annual relates;

(h) empower the Bar Council to take such steps as it considers necessary or expedient to ascertain and ensure that the rules are complied with; and

(i) contain such procedural, incidental or other provisions as may be necessary or expedient for the purposes of the rules.

(3) Nothing in this section shall affect the right of any advocate and solicitor, in addition to the indemnity provided in the rules made under this section to insure himself further against loss arising from such claims as may be instituted against him.

(4) Any rules made under this section shall not come into operation until they have been published in the Gazette.

79. Advocate and solicitor to deliver accountant's report

(1) Every advocate and solicitor shall, unless exempted by the Bar Council, deliver to the Secretary of the Malaysian Bar with every application made by him for a Sijil Annual a report signed by an accountant, referred to as an accountants report in this section.

(2) The accountants report shall-

(a) state that the accountant in compliance with this section and any rules made thereunder has examined the books, accounts and documents of the firm of the advocate and solicitor for such accounting period as may be specified in the report;

(b) state whether or not the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period of the advocate and solicitor or his firm has complied with any rules made under subsection (1) of section 78;

(c) state, if the accountant is not satisfied, the matters in respect of which he is not so satisfied;

(d) contain such information as may be prescribed by rules made by the Bar Council under this section; and

(e) be delivered to The Secretary of the Malaysian Bar not more than twelve months (or such other period as may be prescribed by rules made under this section) after the end of the accounting period specified in the report.

(3) Subject to any rules made under this section, the accounting period for the purposes of an accountant's report shall-

(a) begin at the expiry of the last preceding accounting period for which an accountants report has been delivered or from the date the advocate and solicitor commenced practice, as the case may be;

(b) cover not less than twelve months;

(c) terminate not more than twelve months before the date a on which the report is delivered to the Bar Council; and (d)where possible, consistent with paragraphs (a), (b) and (c), correspond to a period or consecutive periods for which the accounts of the advocate and solicitor or his firm are ordinarily made up.

(4) In this section "accountant" means an approved company auditor as defined in the Companies Act, 1965. If in any particular case there shall not be an approved company auditor practising in the State in which an advocate and solicitor ordinarily practises and the Bar Council shall be of the view that by reason of the difficulty or expense involved in securing the services of an approved company auditor from outside such State it would be unreasonable to expect the advocate and solicitor to secure his service, the Bar Council may approve any other auditor whom it shall consider competent for the purposes of this section.*

(5) The Bar Council shall make rules to give effect to this section and without prejudice to the generality of the foregoing such rules shall prescribe the nature and extent of the examination to be made by the accountant of the books and accounts of the firm of an advocate and solicitor and of any other relevant documents with a view to the preparation of the report to be delivered by the advocate and solicitor under this section.

(6) Any such rules may include provisions for-

(a) permitting in any special circumstances as may be defined in the rules a different accounting period from that specified in subsection (3), and

(b) regulating any matters of procedure or matters incidental, ancillary or supplemental to this section.

(7) Any rules made by the Bar Council under this section shall not come into operation until they have been published in the Gazette.

(8) Any advocate and solicitor who fails to comply with this section or any rules made thereunder-may be liable to disciplinary proceedings.

80. Compensation Fund.

(1)The Malaysian Bar shall maintain and administer in accordance with this section a fund to be known as the "Compensation Fund".

(2)Every advocate and solicitor shall on each occasion he applies for a Sijil Annual pay to the Malaysian Bar a contribution of such sum as the Bar Council may from time to time determine and the Malaysian Bar shall pay that contribution into the Fund: Provided that an advocate and solicitor who applies for a Sijil Annual shall be required to pay only half the contribution so if the practising certificate for which he proposes to determined apply is valid for less than six months.

(3)The Malaysian Bar may invest any moneys out of the Fund which are not immediately required for any other purposes and, for the purposes of this section, the Malaysian Bar shall have all the powers of trustees under any written law.

(4)The Malaysian Bar may for the purposes of the Fund harrow from any lender and may charge any investments of the Fund by way of security for such loan.

(4A) The Bar Council may, for such of the purposes of the Malaysian Bar as the Bar Council deems fit, borrow moneys from the Fund and shall, in respect of any money so borrowed, pay to the Fund interest at the prime rate laid down by the Association of Banks in Malaysia, prevailing from time to time.

(5)The Malaysian Bar may insure the Fund with any registered insurance business in Malaysia for any purpose and on any terms as the Malaysian Bar may consider expedient.

(6)These shall be carried to the credit of the Fund-

(a)all annual contributions paid to the Malaysian Bar in pursuance of subsection (2);

(b)all interests, dividends and other income or accretions of capital arising from the investments of the Fund;

(c) the proceeds of any realisation of any investments of the Fund;

(d) all moneys borrowed for the purposes of the Fund;

(e) all sums received by the Malaysian Bar under any insurance effected by the Malaysian-Bar under subsection (5); and

(f) any other moneys which may belong or accrue to the Fund or be received by the Bar Council in respect of the Fund.

(7) All moneys from time to time forming part of the Fund and all investments of the Fund shall be applicable-

(a) for payment of any costs, charges and expenses of establishing, maintaining and administering the Fund;

(b) for payment of any costs, charges and expenses of the Bar Council in ascertaining whether the rules made under section 78 have been complied with, pursuant to the powers given by such rules;

(c) for payment of any premiums on insurance effected by the Malaysian Bar under subsection (5);

(d) for repayment of any moneys borrowed by the Malaysian Bar and for payment of interest on any moneys so borrowed;

(e) for payment of any grants which the Malaysian Bar may make under subsection (8); and

(f) for payment of any other sums payable out of the Fund by virtue of this section.

(8) Where it is proved to the satisfaction of the Bar Council that any person has sustained loss in consequence of dishonesty on the part of any advocate and solicitor or any clerk or servant of an advocate and solicitor in connection with that advocate and solicitor's practice in Malaysia as an advocate and solicitor, or in connection with any trust of which that advocate and solicitor is a trustee, then subject to this section, the Malaysian Bar may, if the Bar Council thinks fair and reasonable, makes a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.

(8A) If in any year there has been neither an application made for a grant from the Fund nor a grant made from the Fund, the Bar Council may in its discretion transfer from the Fund all interests, dividends and other accretions of capital arising from the Fund, or any part thereof, to a Fund of the Malaysian Bar established for the purposes of purchasing or maintaining a library for the use of members of the Malaysian Bar.

(9) A grant may be made under this section whether or not the advocate and solicitor had a valid practising certificate when the act of dishonesty was committed, and notwithstanding that subsequent to the commission of the act the advocate and solicitor has died or had his name removed from or struck off the Roll or has ceased to practise or been suspended from practice.

(10)On any grant made by the Malaysian Bar under this section to any person in respect of any loss-

(a) the Malaysian Bar shall to the extent of the amount of the grant be surrogated to all such rights and remedies as the person to whom the grant is made may be against the advocate and solicitor, clerk or servant in respect of the loss;

(b) the person to whom the grant is made shall have no right by way of bankruptcy or other legal proceedings or other wise to receive any sum out of the assets of the advocate and solicitor, clerk or servant in respect of the loss until the Fund has been reimbursed with the full amount of the grant.

(11) Reference in paragraph (a) and (b) of subsection (10) to the person to whom the grant is made or to the advocate and solicitor, clerk or servant shall include, in the event of this death, insolvency or other disability, reference to his personal representatives or any other person having authority to administer his estate.

(12) The Council may make rules in respect of the procedure to be followed in giving effect to this section and in respect of any matters incidental, ancillary or supplemental thereto or concerning the administration or protection of the Fund.

(13)The income derived from the Compensation Fund shall be exempt from income and all other taxes, and the Fund shall be an institution approved for the purpose of Section 45 of the Income Tax Act, 1957 payments to which shall be good deductions for income tax purposes in arriving at the aggregate income of the person making the payment for the relevant year.

81. Advocate and solicitor shall not act as commissioner or notary without certificate.

No advocate and solicitor who is a commissioner for oaths or a notary public shall do any act as such commissioner or notary, as the case may be, unless he has a valid practising certificate.

82. Advocate willfully and knowingly acting as agent.

(1)No advocate and solicitor shall willfully and knowingly act as agent in any legal proceedings of any kind or in any matter which under this Act can be done only by an advocate and solicitor who has a valid practising certificate for another advocate and solicitor who does not have a valid practising certificate or permit his name to be made use of in any such proceedings or matter on the account or for the profit of such other advocate and solicitor or send any process to such other advocate and solicitor or do any other act enabling such advocate and solicitor to appear, do, practise or purport to practise as an advocate and solicitor in any such proceedings or matter.

(2)No advocate and solicitor shall authorise any unauthorised person to operate any bank account in his name or in the name of his firm and maintained by him or his firm in connection with his practice as an advocate and solicitor.

(3)Any advocate and solicitor who has acted in contravention of subsection (1) or (2) maybe liable to disciplinary proceedings.

(4)Any unauthorised person who acts or practises or purports to practise as an advocate and solicitor shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand Ringgit or to imprisonment for a term not exceeding one year or to both.

83. Advocate and solicitor not to employ undischarged bankrupt.

(1) No advocate and solicitor shall, in connection with his practice, without the consent of the court obtained on an application by originating summons served upon the Attorney General and upon the Malaysian Bar, employ or remunerate any person who to his knowledge is an undischarged bankrupt or has been-

(a)struck off the Roll otherwise than at his own request in any part of Malaysia or in Singapore or elsewhere and remains struck off;

(b) suspended from practising as an advocate and solicitor in any part of Malaysia or in Singapore or elsewhere and remains suspended;

(c) convicted of an offence involving dishonesty or fraud or has been found guilty of an offence under the Prevention of Corruption Act, 1961.*

(d) convicted of an offence under section 18A of the Minor Offences Ordinance, 1955 or under this Act;

(e) a person in respect of whom an order under Subsection (2) has been made; or

(f) employed as a public officer: Provided that paragraph (f) shall not apply to any public officer who is an advocate and solicitor or a qualified person.

(2) On application made by or an behalf of the Attorney General of the Malaysian Bar, the Court may make an order directing that, as from a date to be specified in the order, no advocate and solicitor shall in connection with his practice employ or remunerate any person who-

(a) has been a party to any act or default of an advocate and solicitor in respect of which a complaint has been or could have been made against him under this Act; or

(a) has so conducted himself whilst employed by an advocate and solicitor that, had he himself been an advocate and solicitor, his conduct might have formed the subject of a complaint against him under this Act.

(3) Every application under subsection (2) shall be served not less than ten days before the application is to be heard upon the person in respect of whom it is made and upon his employer or previous employer who is an advocate and solicitor.

(4) Every order made under section (2) shall be filed ins file to be kept for this purpose by the Registrar which may be inspected by any advocate and solicitor without fee.

(5) Before an advocate and solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall require that person to make a statutory declaration stating that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in paragraphs (a) to (f) to subsection (1) and that he is not a person in respect of whom an order has been made under subsection (2).

(6) Any advocate and solicitor who acts in contravention of this section may be liable to disciplinary proceedings.

84. Advocate and solicitor acting for developer not to act for purchaser in housing development.

(1)Where an advocate and solicitor acts for a housing developer in a sale of immovable property developed under a housing development neither he nor any member or assistant of the firm of which he is a member either as partner or employee shall in the same transaction act for the purchaser of that property, and a written agreement prepared by an advocate and solicitor or any member or assistant of the firm acting for the developer in respect of such transaction shall be scrutinised by an advocate and solicitor acting for the purchaser: Provided that if any such written agreement in respect of the transaction is not scrutinised by an advocate and solicitor acting for the purchaser, the advocate and solicitor acting for the housing developer shall obtain a certificate signed by the Purchaser showing that Purchaser does not intend to engage an advocate and solicitor to scrutinise the agreement for him.

(2) For the purpose of this section a certificate shall not be valid unless it is signed by the Purchaser in the present of a Commissioner for Oaths who is not an advocate and solicitor practising in partnership with, or as the employee of, the advocate and solicitor acting for the housing developer.

(3) The developer and the purchaser shall each pay for the fees of its own advocate and solicitor.

(4)In subsection (1)-

(a)the term "housing development" has the meaning assigned to it in the Housing Developers (Control and Licensing) Act, 1966; and

(b)"sale of immovable property" includes the grant of a lease for a term exceeding three years.

(5)Subsection (1) is without prejudice to any law affecting an advocate and solicitor who acts for parties where there is a conflict of interest or whenever a conflict of interest may arise.

(6)An advocate and solicitor who acts in contravention of subsection (1) may be liable to disciplinary proceedings.

(7)Subsection (1) shall not apply to any transaction where the contract for sale was entered into before the coming into operation of this Act.

85. Bar Council to maintain register of firm names.

(1)The Bar Council shall maintain a register of firm names under which advocates and solicitors practise. No firm name shall be registered or struck off the register without a certificate from the Bar Council. The Bar Council may refuse a certificate for registration on the grounds that the proposed firm name is likely to be confused with a registered firm name or is likely to mislead the public. An advocate and solicitor who is dissatisfied with a decision of the Bar Council may appeal to the High Court whose decision shall be final.

(2)No person shall practise as an advocate and solicitor under a name that is not-

(a)his own name;

(b) the names of advocates and solicitors who are or were his partners;

(c) the names of his predecessors whose goodwill he has, or his partners have, acquired;

(d) any one or the combination of the names specified in paragraphs (a), (b) and (c).

(3)In any case where a name which complies with subsection (2) cannot be registered without contravening subsection (1) then the person may practise under such name as he wishes which is approved by the Bar Council.

(4)An advocate and solicitor who acts in contravention of subsection (3) may be liable to disciplinary proceedings.

(5)The Bar Council shall, at the request of the partners practising under a firm name, and may, if it is satisfied that no one is practising under that name, remove a firm name from the register.

86. Where solicitor and client relationship exists.

(1)Where the relationship of advocate and solicitor and client exists, or has existed, a summons may be issued by the client or his representative for the delivery of a cash account, or the payment of moneys, or the delivery of securities.

(2) The Court or a Judge may order an advocate and solicitor to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into court the whole or any part of the same, within such time as the Court or Judge orders.

(3) In the event of the advocate and solicitor alleging that he has claim for costs, the Court or Judge may make such provision for the payment thereof or security therefor or the protection of the advocate and solicitor's lien, if any, as the Court or Judge thinks fair and reasonable.

87. Where money is due from advocate and solicitor to the client.

(1)If, during the taxation of any bill of costs or the taking of any account between the advocate and solicitor and client, it appears to the Registrar that there are moneys due from an advocate and solicitor to the client, the Registrar may make an interim certificate as to the amount so payable by the advocate and solicitor.

(2)Upon the filing of such Certificate the Court or a Judge may order the moneys so certified to be paid forthwith to the client or brought into court.

88. Guilty advocate and solicitor, etc.

(1)The Bar Council may if it has reasonable cause to believe that an advocate and solicitor, or a clerk or servant of an advocate and solicitor, has been guilty of dishonesty in connection with that advocate and solicitor's practise as an advocate and solicitor or in connection with any trust of which that advocate and solicitor is a trustee, issue a certificate to that effect and thereupon the Schedule, except paragraph 7 thereof, shall apply in relation to that advocate and solicitor.

(2) Where the name of an advocate and solicitor is removed from the Roll or an advocate and solicitor is suspended from practice, he shall, within twenty one days from the material date, satisfy the Bar Council that he has made suitable arrangements for making available to his client or to some other advocate and solicitor or advocates and solicitors instructed by his client or by himself-

(a) all deeds, wills, documents constituting or evidencing title to any property, papers, books of account, records, vouchers and other documents in his or his firm's possession or control, or relating to any trust of which he is the sole trustee or CO-trustee with one or more of his partners, clerks or servants; and

(b)all sums of money due from him or his firm to, or held by him or his firm on behalf of his clients or subject to any such trust as aforesaid.

(3)If he fails so to satisfy the Bar Council, the said Schedule shall apply in relation to him.

(4)In subsection (2), the expression "the material date" means the latest of whichever of the following dates-

(a)the date when the order of the disciplinary committee or of the Court by or in pursuance of which the advocate and solicitor's name is removed from, or struck off, the Roll, or the advocate and solicitor is suspended from practise, is to take effect;

(b) the last date on which an appeal against the order in paragraph (a) may be lodged;

(c) the date on which an appeal under paragraph (b) is dismissed or abandoned.

(5)In this section and in the Schedule, the words "trust" and "trustee" have the same meanings as in section 78(6).

88A. Suspension of advocate and solicitor.

(1)Where an advocate and solicitor-

(a) has been found guilty by a court of law of any offence involving dishonesty, misuse of his client's moneys or dishonesty towards a client or in respect of any property belonging to a client;

(b) has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner in any other country;

(c) in respect of whom a complaint has been made to the Bar Council concerning any dishonest act or acts committed by him in his capacity as an advocate and solicitor;

(d) has left the country or has not attended at his office in such circumstances that the Bar Council may reasonably presume that he has absconded; or

(e) is otherwise incapable, from infirmity of body or mind or of an advocate and solicitor;

and the Bar Council considers that it would be in the public interest or in the interest of his clients or of the profession that such advocate and solicitor be suspended from practice, the Bar Council may apply by summons to the Chief Justice ex parte for an order suspending such advocate and solicitor from practice until further order. [Am. Act A812]

(2) The Chief Justice may order that the application be served on such advocate and solicitor.

(3) The Chief Justice if satisfied that such advocate and solicitor should be suspended from practice may make an order to that effect until any further order of the Court.

(4) Such advocate and solicitor may within one month of the making of the order appeal against that order to the Supreme Court whose decision shall be final.

(5) There shall be no stay of execution of the order pending appeal.

(6) Unless the order is reversed upon appeal, the provisions of subsections (2) and (3) of section 88 shall apply mutatis mutandis to the advocate and solicitor in question; and for the purpose of subsection (4) of that section the expression "the material date" means the date of the order.

(7) The Bar Council shall as soon as possible refer to the Disciplinary Board a complaint against the advocate and solicitor in question. [Am. Act A812]

89. Taking of possession of documents in the possession of advocate and solicitor.

(1)Where-

(a)a complaint is made to the Bar Council that there has been undue delay on the part of an advocate and solicitor in connection with any matter in which he or his firm has been instructed on behalf of a client or any matter which relates to the administration of a trust of which that advocate and solicitor is the sole trustee or CO-trustee with one or more of this partners, clerks or servants;

(b)the Bar Council has by notice in writing invited the advocate and solicitor to give an explanation in respect of that matter;

(c)the advocate and solicitor has, within a period of not less that twenty-one days specified in the said notice, failed to give an explanation in respect of that matter which the Bar Council regard as sufficient and satisfactory; and

(d)the advocate and solicitor has been notified in writing by the Bar Council that he has so failed, the Schedule to this Act, other than paragraph 7 thereof, shall apply in relation to that advocate and solicitor, but as regards the documents specified in paragraph 1, and the sums of money specified in paragraph 9, of the Schedule, only in so far as they relate to the matter complained of: Provided that for the purposes of the proviso to paragraph 6 of the Schedule, the Bar Council may take copies of, or extracts from, documents which relate to the matter complained of or to that matter and to other matters in that advocate and solicitor's practice.

(2) In this section, the words "trust" and "trustee" have the same meanings as in section 78(6).

90. Taking of possession of property in Counsel's possession when he is undischarged bankrupt, etc.

(1)Where an advocate and solicitor practises in his own name or as a sole advocate and solicitor under a firm name and-

(a)is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;

(b)has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

(c)has had an order of committal or an order for the issue of a writ of attachment made against him; or

(d)is a mentally disordered person or patient as defined by the Mental Disorder Ordinance 1952, and the Bar Council or State Bar Committee have reasonable cause to believe that in consequence of the act, default or disability of the advocate and solicitor or of any clerk or servant of his-

(i) there has been undue delay in connection with any matter in which the advocate and solicitor or his firm has been instructed on behalf of a client on any matter which relates to the administration of a trust of which the advocate and solicitor is the sole trustee or CO-trustee with one or more of his clerks or servants; or

(ii) any sum of money due from that advocate and solicitor or his firm to, or held by him or his firm on behalf of his clients or subject to any trust of which he is such sole trustee or CO-trustee as aforesaid is in jeopardy while in the control or possession of that advocate and solicitor or his firm the Schedule to this Act, other than paragraph 7 thereof, shall apply in relation to that advocate and solicitor,

Provided that for the purposes of the proviso to paragraph 6 of the Schedule, the Bar Council may take copies of, or extracts from, documents which relate to any matter referred to in sub-paragraph (i) of this section or to any sum of money referred to in paragraph (ii) of this section or to that matter or sum of money, as the case may be, and to other matters in the advocate and solicitor's practice.

(2)In this section, the words "trust" and "trustee" have the same meanings as in section 78(6).

91. Personal representative liable for acts of advocate and solicitor.

(1)Where-

(a)the Bar Council has reasonable cause to believe that the personal representatives of a deceased advocate and solicitor who immediately before his death was practising as an advocate and solicitor in his own name, or as a sole advocate and solicitor under a firm name, have been guilty of dishonesty or undue delay in administering the affairs of that advocate and solicitor's practice or in connection with any trust of which that advocate and solicitor was the sole trustee or CO-trustee only with one or more of his clerks or servants; or

(b)an advocate and solicitor dies and immediately before his death the provisions of the Schedule applied to him, the provisions of the Schedule, other than paragraph 7 thereof, shall apply in relation to the personal representatives and shall continue to apply to the personal representatives and shall continue to apply to the personal representatives of the advocate and solicitor last mentioned as they apply or applied, as the case may be, in relation to the advocate and solicitor referred to in those provisions and as if the words "the personal representatives" were, with the necessary adaptations, substituted for the words "the advocate and solicitor" wherever these words occur in those provisions,

(2)In this section, the words "trust" and "trustee" have the same meanings as in section 78(6).

92. Bar Council to operate bank account of deceased solicitors' client.

On the death of an advocate and solicitor who immediately before his death was practising as an advocate and solicitor in his own name or as a sole advocate and solicitor in a firm name the right to operate, or otherwise deal with, any banking account in the name of the advocate and solicitor or his firm being an account into which has been paid any clients' money, shall, notwithstanding anything to the contrary contained in this Act, vest in the Bar Council to the exclusion of any personal representatives of the advocate and solicitor and shall be exercisable as from the death of the advocate and solicitor.