Mohamed, Duryana (2026) The extent of the admissibility of electronic evidence in proving lawyers’ misconduct: the Malaysian perspective. In: ICLAS IX-The 9th International Conference on Law And Society, 22-24 September 2026, ISTAC AND AIKOL,IIUM.
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Abstract
As legal professionals, lawyers are expected to perform their duties according to the prescribed laws and regulations. These duties are not limited to their profession but also to their clients, the court, and the public. Therefore, lawyers must always uphold dignity in their profession and avoid misconduct. However, when there is a complaint lodged with the Disciplinary Board, the complainant must prove the complaint has merit and clearly establish the type of breaches or misconduct committed by the lawyers. Although the complaint is handled and decided by the Advocates and Solicitors Disciplinary Board (ASDB), the required standard of proof varies based on the seriousness of the misconduct. Hence, this paper shall discuss the types of misconduct, the procedures to lodge a successful complaint against lawyers and the admissibility of electronic evidence or computer evidence in proving lawyers’ misconducts. The purpose of this study is to discuss the extent of the admissibility of electronic evidence in proving lawyers’ misconduct in Malaysia based on the existing laws. This study applies a qualitative method where analysis will be conducted on the laws, cases and other references. The result of the study shows that computer evidence such as Compact Disc (CD) is admissible as evidence in proving lawyers’ misconduct during the disciplinary hearing. In conclusion, proving lawyers’ misconduct can be done by admitting relevant and admissible electronic evidence. This study will contribute to understanding lawyers’ misconduct and managing the challenges in new technology, especially proving misuse of Artificial intelligence in legal practice.
| Item Type: | Proceeding Paper (Plenary Papers) |
|---|---|
| Uncontrolled Keywords: | lawyers, misconduct, evidence, computer disciplinary proceedings |
| Subjects: | H Social Sciences > H Social Sciences (General) K Law > K Law (General) K Law > K100 Legal Education K Law > K5000 Criminal Law K Law > K623 Civil Law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice |
| Depositing User: | AP Dr Duryana Mohamed |
| Date Deposited: | 05 Oct 2026 16:48 |
| Last Update: | 05 Oct 2026 16:48 |
| Queue Number: | 2026-09-Q5412 |
| URI: | http://irep.iium.edu.my/id/eprint/131680 |
| Indexed In: | UNSPECIFIED |
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