KUALA LUMPUR – The Malaysian Bar has issued a stern warning to lawyers, reminding them to maintain the dignity of the legal profession when conducting themselves on social media.
The comments by Malaysian Bar president Karen Cheah to The Vibes come after public backlash against lawyers representing Siti Bainun who is accused of neglecting and abusing a special needs child under her care.
One of Siti Bainun's lawyers received brickbats from netizens after she uploaded photos of herself with Siti Bainun and the legal team along with a transcript from a witness cross-examination in the case.
Cheah reminded the public that the right to legal representation is a constitutional right, adding that access to justice is an important element in the administration of the nation’s legal system.
This is due to the fact that an accused person has a right to choose their own lawyers to ensure they can put forth the best defence within the bounds of law and evidence so that the court can arrive at a reasoned conclusion.
“Lawyers do not prejudge a case, and it would go against the grain that a person is innocent until proven guilty. The burden to prove this lies on the prosecution.
“The lawyers providing their services in defending an accused are trained to argue the facts of a case with a judge, and convince the judge on the validity of a charge or a plea.
“Without a lawyer, an accused may be at a disadvantage in knowing what to do in court and putting the best defence forward,” Cheah said.
Meanwhile, asked about lawyers’ conduct on social media, Cheah pointed toward The Legal Professional (Etiquette and Practice) Rules 1978 as instrumental in providing guidance for the Malaysian Bar when looking into the conduct of the legal profession.
The subsidiary legislation provides a list of things that lawyers are required to do and prohibited from doing, where violations could amount to misconduct.
“The social media explosion of publicity by lawyers recently has resulted in the Malaysian Bar having to look into the conduct of lawyers as to the appropriateness and suitability of the way they publicise their practice,” Cheah explained.
“It is our view that any publicity taken by our lawyers must maintain the dignity of the legal profession.”
She also added that the Malaysian Bar welcomes all complaints from lawyers and the public on the matter, adding that no complaints were received against Siti Bainun’s lawyers yet.
As for whether lawyers are allowed to share details of the case on social media such as a transcript from an ongoing case, Cheah said it would depend on various factors.
Things to consider include whether the lawyer has consent from their client; whether the transcript is in original form or an interpretation of the lawyer purportedly to report proceedings as to what is transpiring in court; and whether it is an attempt to garner publicity for lawyers or the law firm which may be seen as an “issue of the dignity of the legal profession”.
“The Bar Council when having received formal/proper complaints with supporting documents/evidence will definitely look into every complaint.
“So, we urge everyone who has seen unsavoury types of publicity by lawyers to bring it to our attention,” Cheah added. – The Vibes, April 23, 2022
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