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DARSHAN SINGH KHAIRA v. MAJLIS PEGUAM MALAYSIA
Federal Court, Putrajaya
Rohana Yusuf PCA, Azahar Mohamed CJM, Harmindar Singh Dhaliwal FCJ
[Civil Appeal No: 02(f)-72-09-2019(W)]
13 August 2021
[2021] 6 MLRA 266

JUDGMENT

Harmindar Singh Dhaliwal FCJ:

[1] This appeal concerns an issue of some importance to the legal profession. The question for our consideration is simply this: under what circumstances can it be said that a person is practising law. Can someone who has given some legal advice informally be said to have practised law? Can an isolated act of giving advice constitute practising law or must it require a systematic, regular and continuous act? Or does it require something more in the form of a solicitor-client status requiring a relationship of trust and confidence?

[2] The appellant, Darshan Singh Khaira, was a practising lawyer for many years. However, by a decision of the Disciplinary Board (the "DB") of the Majlis Peguam Malaysia dated 14 April 2016, he was struck off the Roll of Advocates and Solicitors of the High Court of Malaya. The basis for the said order was that the appellant was practising law without a practising certificate as he was a bankrupt.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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