KUALA LUMPUR – Local website Grace Legal may have to stop operating, given the Malaysian Bar’s claim that it is not allowed to provide legal services.
The Bar named Nashmeet Kaur and her company Grace & Meet Chancery Sdn Bhd as the defendants in an originating summons action seeking an injunction from the Kuala Lumpur High Court.
Shahareen Begum, representing the Bar, in an affidavit said the company and Nashmeet’s actions contravene Sections 36 and 37 of the Legal Profession Act 1976 by offering a “do-it-yourself” service for divorce.
The law referred to states that individuals must have their names on the “Roll of the High Court” to practise as a lawyer in Malaysia, and criminalises unauthorised people who act as an advocate and solicitor.
“The first defendant (Nashmeet) is not a member of the Malaysian Bar or an advocate and solicitor of the High Court of Malaysia that has a valid practising certificate,” said the affidavit.
“The workers and agents of the second defendant (Grace & Meet Chancery) are (also) not members of the Malaysian Bar or lawyers that have valid practising certificates.
“Thus, both defendants are not given powers under the Legal Profession Act and have no legal authority to provide legal services in any form.”
Claiming that Nashmeet is the sole director of Grace & Meet Chancery, the Bar said the company operates a website called Grace Legal.
Checks by The Vibes found that only services related to divorce are offered.
The Bar also referred to a letter by Nashmeet stating that the company has not represented itself as a legal practice, nor does it represent anyone in court.
In a letter attached to the Bar’s affidavit, Nashmeet said those using the company’s system would draw up their own terms and agreements by filling up a questionnaire, thus customers “prepare their own court documents”.
The letter added that the company does not draft or prepare court instruments, and final copies are vetted and printed by customers themselves.
It is stated that the company merely provides templates found in forms contained in the Divorce and Matrimonial Proceedings Rules 1980.
The letter also has a reference made to the Rules of Court 2012 suggesting that individuals are allowed to represent themselves in court.
“We currently charge clients only for our runner service in collecting and filing cases for our customers, and managing court dates for them. All our other services are provided for free,” said the letter.
It is understood, based on the court documents obtained, that the Grace Legal site showed 124 clients and it claimed to have concluded 109 cases, with 15 pending.
“The defendants use Google Ads services to advertise their services to the general public, whereby generic search terms, such as ‘divorce’, ‘Malaysia’ or ‘affordable’, cause algorithms to bring their advertisement to the first page of search results, where the defendants advertise their ‘Agreed Divorce RM1,999/=Do It Yourself’ impugned services,” said the affidavit.
The Bar said Grace Legal promotes a “Legal Course” with online and email support, along with court guides and videos, plus other services, for RM1,999.
“Notwithstanding the allegations in the reply that the cause papers are prepared by the clients themselves, these videos and various communications with their clients show that the defendants are indeed advising on, drafting and preparing documents that are filed in court.”
The Bar now seeks an injunction against both defendants to cease their business.
In an email conversation with The Vibes, Nashmeet said Grace Legal merely offers a legal education service for the preparation of documents in a joint-petition divorce.
“You will learn all the laws involved in a joint petition, and learn the skills required to draft your own document based on the template provided by legal books and legislation.”
She said she disagrees with the Bar’s contention that the site contravenes the Legal Profession Act.
“Our current platform is based on legal education, whereby we educate the public on how to prepare their own legal documentation by referring to legal books.
“If you look at the Handbook on Family Law Practice in Malaysia: Commentary, Procedures and Forms by Chris Chin Shang Yoon and Fion Wong Sook Lin, anyone can purchase this book, do some research online, and prepare his or her own petition.”
Through a compilation of legal books, she said, Grace Legal has created presentations for whoever engages its services, and there is no legal advice offered.
“We provide knowledge extracted from legal books and legislation, and teach you all this knowledge.
“There is no one-on-one advice. We just provide videos on how you are to conduct yourself in court.” – The Vibes, October 8, 2021
