Restoration to the roll of advocate and solicitor

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2025) Restoration to the roll of advocate and solicitor. In: Legal profession in Malaysia: practice and ethics. CLJ Malaysia Sdn. Bhd., Ampang, pp. 571-598. ISBN 978-967-457-204-4

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Abstract

A person struck off from the Roll for grossly improper conduct under s. 94(3) of the LPA may apply pursuant to s. 107 of the LPA to be reinstated back to the Roll. He must necessarily be subject to stricter scrutiny than that of a new entrant to the legal profession who has no adverse record. The law too does not envisage that an advocate and solicitor who had been struck off the Roll must be totally barred from returning to the profession.3 Whether or not the name of the applicant should be restored, the judge has to consider the interests of the public, members of the profession and the court so as to ensure that utmost protection is given to the public. In determining a fair and reasonable decision, the court has to consider the worthiness of restoration to the Roll with reference to: (a) the lapse of time between striking off from the Roll and the application; (b) the change of character of the applicant, including evidence of repentance, remorse and rehabilitation; (c) supporting testimonies from third parties (if any); and (d) restitution (if any). The above considerations are by no means exhaustive.4 Having said the above, this Chapter discusses the reinstatement or restoration to the Roll as advocate and solicitor and with reference to decided cases.

Item Type:	Book Chapter
Uncontrolled Keywords:	RESTORATION TO THE ROLL OF ADVOCATE AND SOLICITOR
Subjects:	K Law > K Law (General) K Law > K100 Legal Education K Law > K3150 Public law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	05 Mar 2025 12:09
Last Modified:	05 Mar 2025 12:09
URI:	http://irep.iium.edu.my/id/eprint/119982

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