KUALA LUMPUR, March 18 — Banks in Malaysia should not place “unrealistic and unreasonable demands” on their panel lawyers during the two-week nationwide shutdown as this could negate the restriction of movement order’s aim of slowing the spread of Covid-19, the Bar Council said today.
Malaysian Bar president Salim Bashir said that the professional body representing lawyers has received “troubling reports” of several financial institutions — which may keep operating during these two weeks as they are “essential services” — allegedly compelling their panel law firms to maintain “strict timelines” when providing legal services and completing tasks for them.
“If these reports are accurate, it appears that these financial institutions are behaving as if it is business as usual,” he said in a statement today.
Salim highlighted the difficulties and limitations faced by lawyers now as law firms may not open their offices during these two weeks as they are not an essential service.
“The Bar Council calls upon banks and financial institutions to not impose unnecessary demands and instructions on their panel lawyers, but to understand the situation on the ground, in light of the directive to close government and private premises, which essentially includes law firms.
“With the current public health crisis that is faced by our nation, this state of affairs, if proven true, is ethically unacceptable and potentially illegal,” he said.
Urging Bank Negara Malaysia to take note of some commercial banks and financial institutions that were instructing lawyers to perform their work without the physical files and other facilities normally available to them during these two weeks, Salim pointed out that lawyers may have to go to their offices to complete such work.
“In the end, this may result in lawyers being mobilised to return to their respective offices to meet the demand of their bank clients. The Bar Council is concerned that the movement and congregations of lawyers in the firm, in fear of any reprisals from their client banks, negate the social distancing directive of the authorities,” he said, referring to the practice of social distancing or staying at least one metre apart from others to prevent the spread of Covid-19.
Salim also expressed concern that lawyers working from their offices could be in breach of the government’s new regulations issued today on prevention and control measures against Covid-19 and that they would be in risk of bearing the penalty for “defiance or running afoul of the government order to close”.
Salim stressed that lawyers’ restricted movement and the mandatory closure of law firms’ offices are limitations to them completing set tasks, providing legal services and adhering to strict timelines.
“As such, the Malaysian Bar calls upon Bank Negara Malaysia and all financial institutions to suspend or temporarily relax standard operating procedures that require strict compliance with timelines, while the Regulations remain in force,” he said.
“The Covid-19 public health crisis puts our nation to the test and the Malaysian Bar hopes that all citizens — corporate and otherwise — stand together, arm in arm, to face this unprecedented challenge,” he added.
In the new government regulations today made by Health Minister Datuk Seri Dr Adham Baba, the list of essential services that can continue to operate from March 18 to March 31 include banking, finance, electricity, ports, airports, postal, prison, healthcare and medical, transportation, e-commerce, food supply, defence and security, and “any services or works determined by the minister as essential or critical to public health or safety”.
Law firms or legal services are not named in this list of “essential services” under the regulations.
The regulations are known as the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020.
