KL set to ban 'fly in, fly out' lawyers
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Lawmakers are moving to prevent unauthorised "fly-in fly-out" lawyers from operating in Malaysia. Proposed amendments to the Legal Profession Act 2012 will, however, allow foreign lawyers to arbitrate on cases in the country.
The amendment will make it an offence for foreign lawyers to act as advocates and solicitors with regard to local or international law unless authorised to do so.
It will also be an offence for a foreign lawyer who is not practising in an international partnership, qualified foreign legal firm or local legal firm, to fly in and out of the country to provide or solicit work with regard to local and foreign laws.
An exemption is allowed if the foreign lawyer enters the country to provide advice or consultation to a client on legal matters not involving any aspect of Malaysian law.
The exemption also covers foreign lawyers who obtain authorisation from the Immigration Department with regards to their stay here not exceeding a period of 60 accumulated days.
A proposed new Section 37(a) also exempts foreign lawyers entering Malaysia on a fly-in-fly-out basis for arbitration.
Sungai Siput MP Michael Jeyakumar said priority should be given to local firms for bread and butter cases. Foreign firms can handle bigger things like arbitration if they abide by the guidelines.
The amendments were tabled by minister Nancy Shukri of the Prime Minister’s Department, who said they were based on feedback from the Attorney-General’s Chambers and the Bar Council.
