Saturday, 02 February 2008 08:34am
The officials then suggested that SREC write to Bank Negara and lodge a complaint with the specific breach of the financial institutions. The Bank Negara will then track their conduct and take action against the specific branch.
The Bank Negara has also agreed to look into all the complaints and is most willing to work hand in hand with the Bar Council to ensure compliance of SRO or any law in Malaysia. The Bar Council officials were also advised that any complaint letter written to the particular financial institution could be copied to them so that they could also do their part to liaise with the said financial institution.
The issue of certain financial institutions claiming privilege under Banking and Financial Institutions Act (BAFIA) in refusing to divulge information of the solicitor handling their matter when the Bar Council received a complaint was also discussed. It is learnt that it is not a breach of BAFIA to disclose the name of the solicitor handling the matter.
The SREC also requested the assistance of the Bank Negara enforcement unit to audit the financial institutions' accounts to find out the amount of legal fees they paid to the solicitors for doing non-contentious matters and to provide the Bar Council with the information to enable the Bar Council to tally the payments received by the solicitors.
The Bank Negara said it is quite willing to do so if the Bar Council could provide specific case to them and the period the said transactions took place. The members will report back to the SREC so that a mechanism can be formulated with Bank Negara.
- Kami di Termizi & Co. menyokong saranan supaya Bank Negara menyiasat sesetengah bank yang telah menetapkan cara pengiraan disbursement yang boleh dituntut oleh peguam kepada mereka untuk kes "Zero Entry Cost" padahal cara pengiraan yang diberi adalah tidak selari dengan Solicitors' Remuneration Order 2005.