The new publicity rules for lawyers and law firms at Malaysian Bar takes effect today 1.1.2026 – attached below.
So what’s new? Some highlights:
1. Publicity can be via printed or electronic medium, exposure in any public medium, appearances in seminars/conferences, or via any contact with prospective client.
2. Overriding Principles – any publicity should not affect the dignity and standing of the legal profession which includes acting with integrity, acting in the best interest of client, acting in a manner that would uphold trust and confidence in the lawyer and the legal profession.
3. No misleading, deceptive, false, offensive publicity that adversely affects dignity and standing of the profession or calculated to bring the profession into disrepute.
This includes material misrepresentation, omits a material fact, information that cannot be verified, likely to create unjust expectation about the results.
4. May claim specialisation but not ‘expert’. The claim for specialisation must be justifiable.
5. The publicity shall not specify the fees charged, no comparison with fees or quality of service by other lawyers, make no reference to cases handled previously in such a way that could result in breach of confidentiality.
6. Can publicise outside Malaysia BUT – in a manner not contrary to the laws of that country, without diminishing public confidence in the legal profession in Malaysia or brings the profession in Malaysia into disrepure.
7. Firms to appoint a person to be held responsible for its publicity initiatives.
8. Essentially, the new rules signals more space for publicity for lawyers and law firms.
9. But it is not open season (yet) – the ‘overriding principles’ must be complied with and the need to respect the standing and dignity of the profession is still there – in deciding the form, content and medium of the publicity,
10. When there’s a breach BC can order alteration or removal of the publicity.
So what’s the best way to describe the changes?
Perhaps this. Under the old rules, publicity maybe made only in the manner prescribed, everything else cannot. Under the new rules, all contents/forms possible provided the overriding principles are complied with.
