Legal Advice In Malaysia

In Malaysia, access to legal advice is essential for individuals seeking justice and protection under the law.

However, the cost of legal services can often be a barrier, preventing many individuals from seeking the legal guidance they need.

Legal advice is not free in Malaysia. Lawyers in Malaysia charge fees for their services, including providing legal advice.

The fees charged by lawyers can vary depending on the case’s complexity and the lawyer’s experience.

It is advisable to discuss the fees with the lawyer before engaging their services.

Yes, there is legal aid available in Malaysia. The Legal Aid Department (LAD) of Malaysia provides free legal assistance to individuals who cannot afford legal representation.

The LAD helps in cases related to civil matters, criminal matters, and Syariah (Islamic law) matters. Individuals need to meet certain criteria based on their income and assets to be eligible for legal aid.

Yes, there are several online platforms in Malaysia that provide free legal advice. Here are a few options:

  1. Legal Aid Bureau (LAB): The LAB offers free legal advice and assistance to eligible individuals. They have a website where you can submit your legal queries and receive guidance from their team of lawyers.
  2. Bar Council Malaysia: The Bar Council website provides a directory of law firms and lawyers in Malaysia. You can contact individual lawyers who may offer free initial consultations or pro bono services.
  3. AskLegal: AskLegal is an online legal platform where you can ask legal questions and receive answers from qualified lawyers. They offer a free consultation service for basic legal queries.
  4. Legal Clinic Malaysia: Legal Clinic Malaysia is a website that offers free legal advice through an online platform. You can submit your legal questions, and lawyers will provide guidance and answers.

It’s important to note that while these platforms offer free legal advice, they may have limitations and may not be able to provide comprehensive assistance for complex legal matters. It’s always advisable to consult a professional lawyer for specific legal issues.

What is the right to representation in Malaysia?

In Malaysia, the right to representation is guaranteed under Article 5(3) of the Federal Constitution. This provision states that “No person shall be deprived of his life or personal liberty save in accordance with law” and also includes the right to be represented by a legal practitioner of one’s choice.

This right ensures that individuals have the opportunity to be represented by a lawyer during legal proceedings, including criminal trials, civil litigation, and administrative hearings. It aims to ensure a fair and just legal process by providing individuals with legal assistance and representation to protect their rights and interests.

Furthermore, the right to representation is also protected under Article 8(1) of the Federal Constitution, which guarantees equality before the law. This means that all individuals, regardless of their background, have the right to legal representation and should be treated equally in legal proceedings.

It is important to note that while the right to representation is recognized in Malaysia, there may be certain restrictions or limitations imposed by law, particularly in cases involving national security or matters that are deemed prejudicial to public order.

What is the right to counsel in Malaysia?

The right to counsel in Malaysia refers to the right of every individual who is accused of a crime to have legal representation during criminal proceedings. It is a fundamental right enshrined in the Federal Constitution of Malaysia.

According to Article 5(3) of the Federal Constitution, a person who is arrested or detained has the right to consult and be defended by a legal practitioner of their choice. This means that individuals who are facing criminal charges have the right to access legal advice and representation to protect their rights and interests during the legal process.

The right to counsel is considered crucial in ensuring a fair trial and protecting the accused from potential abuses of power. It allows individuals to understand their legal rights, navigate the complexities of the legal system, and present their case effectively. Legal representation can provide advice on the law, gather evidence, cross-examine witnesses, and make legal arguments on behalf of the accused.

However, it is important to note that the right to counsel may be subject to certain limitations and exceptions, particularly in cases involving national security or preventive detention laws. Additionally, while the right to counsel is guaranteed, the provision of free legal aid is not automatic, and individuals may need to seek assistance from legal aid organizations or privately engage a lawyer at their own cost.

What are the differences between advocate and solicitor in Malaysia?

In Malaysia, the legal profession is divided into two main categories: advocates and solicitors. Here are the differences between the two:

  1. Qualifications: Advocates are qualified lawyers who have been called to the Malaysian Bar and are eligible to appear in court as advocates. Solicitors, on the other hand, are also qualified lawyers but are not eligible to appear in court as advocates. They primarily provide legal advice, draft legal documents, and handle non-contentious matters.
  2. Court Representation: Advocates have the right to appear and argue cases in all Malaysian courts, including the High Court, Court of Appeal, and Federal Court. They are authorized to represent clients in both criminal and civil matters. Solicitors, however, cannot represent clients in court. They may engage an advocate to represent their clients in court proceedings if necessary.
  3. Legal Practice: Advocates often specialize in court proceedings, litigation, and dispute resolution. They are experienced in presenting cases, cross-examining witnesses, and arguing legal points. Solicitors, on the other hand, focus on non-contentious matters such as conveyancing, drafting contracts, wills, and providing legal advice to clients.
  4. Regulation: Both advocates and solicitors are regulated by the Malaysian Bar Council. However, advocates are subject to additional regulations and conduct rules as they appear in court and represent clients directly.
  5. Professional Indemnity Insurance: Advocates are required to have professional indemnity insurance to protect their clients against any negligence or misconduct. Solicitors are also encouraged to have professional indemnity insurance, although it is not mandatory since they do not appear in court.

It is worth noting that in Malaysia, advocates and solicitors can be members of the same law firm, and they often work together to provide comprehensive legal services to clients.

1 thought on “Legal Advice In Malaysia”

  1. Im currently going through divorce from my previous marriage, we have been separated for almost 3 yers. It was time to at leasttry to move on and was going through “Tamil Matrimonial”. Then through a relationship officer from “Tamil Matrimonial”, I start speaking to Shamala a widower.

    We start chatting on July 2023 and after several days I stop replying because was not serious on this thing and was busy. In Oct 2023 a new relationship officer from “Tamil Matrimonial” connect us again but this time via call. Since then we start taking for almost three weeks. Then after three weeks we plan to meet up. During the meet up I realize that in person she looks different from the pictures she sends to me, realize she send to me filtered pictures not the real ones. Then during the met up also she is taking and acting totally different from the person I thought during our three weeks of conversation. She send me back after the met up as she plan to only use one car rather then two. I was feeling not so good about this relationship after thinking about it after few days. The next day after I told her friend msh me saying that Shamal didn’t what I said properly and was in bad situation. I get shocked as why she has to be in such situation as I explain what I feel, and we are still in the beginning to know each other only. Not sure it was true or not but she start messaging me and calling me not to leave her and already thinking me as her husband n all.

    I can’t really digest all this as how come so fast she can make such decisions with only three weeks of phone conversation and meet up once. When I try to explain that she not sure for real or pretend to cry and ack crazy in the call. So I stop taking her call and rep0lying to her msg. But since she already know where I stay she now keep coming to my house and forcing me to take her back. Two weekend back she pretend as flower delivery person when I was not at home and send flowers home and get my dad number.

    Now she keeps threatening me that if I don’t take her back, she will kill herself and all. She also keeps calling my dad and harassing him too. Last weekend I made a police report saying she is she keep threatening me n all. But police said just block her number and ignore looks like scam. So I did but on the same night she came to my house at late night and harassing me to come out and see her if not she will do something to herself.

    I tried my level best to explain and have to tell her whatever she needs to listen to get her to go and get some help from counselling. On 16th Dec we went and saw a government recognize counsellor at Shah Alam. Even after several hrs of counselling she still doing the same she keeps coming to my house and do not want to hear to me and even advice from the counsellor. She even now wanted to beg my parents to get me to take her back and will saying and do whatever it takes.

    Im fear for the safety and need advice how to get a restraining order from her to keep disturbing and harassing me and my family.

    Reply

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