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.

A recent case handled by us for protection of the parcel purchasers’ right (via the JMB) to realise the benefits of a free maintenance package promised by developer to purchasers, after the developer had voluntarily wound itself up and its liquidator having entered into a PA with the third party. Essentially the High Court agreed that the facts and circumstances as proven had led to the existence of an implied contract between the JMB and the third party resulting in the third party having stepped into the shoes of the developer and thus bound by the obligations and liabilities of the developer – here, to pay for the Free Maintenance Package sum totalling RM3.6 m as promised to the purchasers.

What a relief. It has lived long enough. The Federal Court in Like Swee Choo & Anor v. Ong Koh Hou @ Won Kok Fong – Civil Appeal no. 02(f) -22-07/2024(W) on 2.10.2025 held that Berjaya Times Square is no longer good law. The FC, among others, examined the test for ‘total failure of consideration’ for purposes of sec 40 Contracts Act 1950 and laid out the correct test. In doing so, the Court, took into account academic writings, and articles over the years commenting on the problems with Berjaya decision. The grounds below. Long enough for the Sunday break reading.

Fali S. Nariman — one of India’s most respected jurists, a Senior Advocate at the Supreme Court of India, President of the Bar Association of India, and a renowned constitutional lawyer — shares timeless advice for young lawyers in his book Beyond the Courtroom. His insights are a roadmap for those who wish to build a serious career in litigation. A point-by-point summary follows: 1. Be Regular in Court 2. Attend Court Even When You Have No Work 3. Be Prepared. Always Be Prepared. 4. Know Your Judge 5. Develop Watchful Eyes and Sharp Ears 6. Be a Judge of Faces and Moods 7. Don’t Show Off. Be Humble. 8. Don’t Try to Be Funny 9. Be Bold, Not Rude 10. Never Lose Your Temper 11. Don’t Be Boring The Bar is a great institution — learn from it, grow with it, and enjoy every moment of your journey.