Foreign law firms and foreign lawyers will now be permitted to practise in Peninsular Malaysia .
This is because of the recent amendments made to the Legal Profession Act 1976 (LPA) and the Legal Profession Rules 2014 (Licensing of International Partnerships and Qualified Foreign Law Firms and Registration of Foreign Lawyers) .
A Bar Council statement says these amendments came into force on June 3 this year.
According Christopher Leong, President of the Malaysian Bar, under the newly-created Part IVA of the LPA, three categories of licences can be issued to foreign law firms.
They can operate either an international partnership with a Malaysian law firm, as a standalone qualified foreign law firm (QFLF) or a foreign lawyer may choose to be employed by a local firm.
Nevertheless, Christopher said, " Licenses may be granted subject to terms and conditions, and if approved the law firm will be granted a three-year license to employ a foreign lawyer.
He further stressed that all individual foreign lawyers will have to register and registrations have to be renewed annually.
On another amendment made to Section 37(2B) of the LPA on "fly-in fly-out", a foreign lawyer can be allowed to come here and advice on non-Malaysian law or for arbitral proceedings for up to 60 days in a calender year.
As for practise areas; international partnerships, QFLFs and individual lawyers will only be allowed to practise in the permitted areas, affirmed Christopher.
"The are specific exclusions in practise areas like constitutional and administrative law, conveyancing, family law and others in the list," said Christopher.
He also said that all three types of licensees will be regulated by the Bar Council and will have to comply with the same rules and regulations governing advocates and solicitors in Peninsular Malaysia.
"The LPA provides for the establishment of a Selection Committee that will be responsible for all applications. It will be co-chaired by the Attorney-General and the Bar President and will have five members in all."
Anyway Christopher was quick to add that the liberalisation of the Malaysian legal services market and the entry of foreign lawyers will be gradual and progressive.
"The liberalisation should be seen as a challenge that brings opportunities and for Malaysian lawyers to build capacity and abilities to be more competitive," said Christopher.
He also added that the opening up of Malaysia "is a natural progression as world and regional economies become more integrated in trade in goods and services."
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