Malaysia
BN lawyers all for hanging up court robes after elected as lawmakers
LKIM chairman Datuk Irmohizam says Malaysians are becoming more health conscious and thus consuming more fish in their everyday diet. u00e2u20acu201d Picture courtesy of Datuk Irmohizam Ibrahim

KUALA LUMPUR, Nov 8 — Legal practitioners in the Barisan Nasional (BN) coalition support a proposal for them to quit their practice after joining the legislature to better focus on their lawmaking duties.

Umno representative Datuk Seri Irmohizam Ibrahim said he welcomed the suggestion by Bar Council candidate Siti Kasim, agreeing that it would help prevent a conflict of interest.

"This is one of the issues that needs to be highlighted because the perception is there, because the hat that you wear, the party that you carry, gives a reflection to whatever opinion [you give] whether you are from the government or the Opposition,” he told Malay Mail Online when contacted for comment on Siti’s idea.

But the Kuala Selangor MP who is still a practising lawyer also said that lawmakers who wished to continue their legal practice should be allowed to, but needed to manage the perception that they were not being influenced by politics when they act as counsel in court.

"For me I don’t have any problems with that and I think it has to be tabled [by the] Bar Council and at the same time research needs to be done to see the relevancy of the idea,” Irmohizam added.

Works Minister Datuk Seri Fadillah Yusof, once a lawyer, said those who are still practising should not appear in court to avoid any conflict.

"They can practise but they shouldn’t appear in court because suddenly there will be a conflict.

"To me when I was practising, the moment I became a member of Parliament, I stopped going to court, because you are putting the judge in an awkward position,” the Betong MP said.

Lawyers in Malaysia are both advocates and solicitors, unlike in other countries where the job scope allows them to be one or the other. Advocates perform litigation work that requires them to go to court while solicitors prepare the legal documents and do not usually attend court hearings.

"Secondly when you lose your case, then you bring it to Parliament so definitely there will be an issue there,” Fadillah who is also PBB Youth chief said.

His Gerakan counterpart Tan Keng Liang also expressed support for lawmakers to quit legal practice, but for different reasons.

Tan, a full-time lawyer who isn’t an elected representative, said MPs and assemblymen would be better off leaving the profession to focus on their new job which they are paid to do even if the salary may not be as lucrative.

"Since they are being paid full-time, I think they should also be serving as a full-time members of Parliament,” he told Malay Mail Online.

He said that lawyers who are also MPs may disagree and want to hold on to both hats, "but realistically, looking at the job scope of members of parliament these days, the type of services they do should be full time”.

He pointed out that salaries of MPs have almost tripled from RM6,508 to RM16,000 in April last year after a Bill to raise the remuneration was passed in the Dewan Rakyat.

He gave an example how certain MPs who are lawyers have said they had to attend to court hearings when they couldn’t attend parliamentary sittings in the morning.

"I think that is not a good reason. You are paid to be a full-time members of Parliament and lawyers also have a lot of jobs to do; some have to attend courts.

"I can’t see how they can function properly if they continue practising full-time unless they want to be a part time members of Parliament,” he said.

He also said the next Bar Council should consider Siti’s suggestion to shrug off the perception that it was now a politically partisan body.

"It’s something the new committee has to do more, to erase this perception which is not good for the Malaysian Bar as a whole,” Tan said.

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