APEC economy: Malaysia; Jurisdiction: West Malaysia
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer cannot obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is the Legal Profession Act 1976. The relevant bodies are the Malaysian Bar Council and the Attorney-General of Malaysia (under section 28A of the Legal Profession Act 1976).
Details of the requirements established in order to obtain a full licence to practise law in Malaysiaare detailed in the database. These requirements are the same as for the rules applicable to a local application.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may not be employed by a foreign lawyer or foreign firm;
- foreign lawyers may not provide services in some other form of commercial association with local lawyers;
- foreign firms are not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Foreign lawyers and firms are treated the same as local lawyers in the application of these rules.
Other regulatory issues
In this jurisdiction:
- foreign lawyers cannot establish an office in the absence of enabling legislation;
- there are specific rules in relation to advertising. These rules are the Legal Profession (Publicity) Rules 2001;
- there are specific rules in relation to use of names by lawyers or law firms. These rules are that names have to be approved by the Bar Council (Rule 2.01 of the Bar Council Rulings and section 85 of the Legal Profession Act 1976).
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Malaysian Bar Council | www.malaysianbar.org.my |
| Peak professional association representing the legal profession | Malaysian Bar Council | www.malaysianbar.org.my |
| Other associations playing a significant role in developing policy for the legal profession | Sabah Law Association | www.sabah.org.my/sabahlaw/mainpage.htm |