Finding the right advocate and solicitor is important to ensure the best results for your case. In this article, we explain what is an advocate and solicitor, their services, and how to choose the right one.
What is an Advocate and Solicitor in Malaysia?
An advocate and solicitor is a legal professional who provides legal services required from both advocate and solicitor. An advocate represents clients in court while a solicitor provides legal services to clients outside of court such as drafting legal documents, providing legal advice, and handling property transactions.
In our country, Malaysian lawyers play an important role in the judicial process by helping clients in cases to obtain justice. And when we notice the signboard of many law firms in Malaysia, it always ends with ‘advocate and solicitor’ and makes us ponder the meaning of the advocate and solicitor.
As a background, countries like England and Wales separates types of lawyers into 2, which are advocate and another is solicitor. Their differences are:
Advocates
These legal practitioners represent clients in the courtroom before the judge to fight for their client’s case and are expected to command good court advocacy. In the United Kingdom, they are also called barristers. Some other common names are senior advocate, senior counsel, and attorney in other jurisdictions/countries.
Solicitors
These legal practitioners did not argue for their client’s case in legal proceedings and make court appearances. Instead, they are involved in transactional work such as preparing agreements and wills, and acting as legal advisors.
In our country's legal system, there is no difference between these as the lawyers are allowed to practice in all these areas provided, they pass the requirements and legal formalities in the legal professions. Under the Legal Profession Act 1976, to be a lawyer, one must obtain a law degree from a recognized degree and pass exams (generally for graduates from overseas universities).
After they are admitted as a lawyer, their practice is under the governing body, Malaysian Bar Council. From the client’s perspective, they do not have to ask the lawyers or local law firms whether they are advocates or solicitors. What matters is what areas they are competent in and having the expertise to assist the clients.
Common Legal Services
Some of the common areas of law and legal matters where the lawyer can provide services in and handle legal matters include the below:
Divorce
The lawyer’s duties involve providing legal advice and representation to individuals for divorce and resolving disputes with the other partner. Common issues include child custody, alimony, and division of matrimonial property.
Employment
Lawyers also provide services on labour law. These legal works include giving legal advice on handling employment disputes and preparing legal documents such as employment contracts.
Corporate and Commercial
Furthermore, lawyers also act as legal advisors for companies and provide legal advice and legal opinions on areas such as corporate law, tax law, and immigration law. Furthermore, they should be familiar with different authorities such as Suruhanjaya Syarikat Malaysia and other laws such as partnership laws.
Litigation
These advocates help represent clients in courts, including the criminal and civil courts, before the judge for legal disputes. They are expected to have good court advocacy to pursue arguments and cross-examine witnesses during the trial to provide effective representation in the court.
After the trial/hearing where the judge delivers the order, if the other losing party, such as the defendant or plaintiff, fails to comply with the order, then the winning party can apply to the courts to enforce the orders. Common enforcement methods include garnishee orders, judgement debtor summons, and committal proceedings.
On the other hand, the losing parties, or their lawyers on their behalf, can appeal against the decision to the higher courts, including the High Court. These lawyers play a huge role in court cases and are highly involved in the case; thus, it is important for litigants to choose an experienced lawyer.
Other areas
The other laws include estate services such as preparing wills and applying for a grant of probate or letter of administration on behalf of the applicant to administer the deceased’s estate.
Choosing the Right Advocate and Solicitor
After knowing that the law firms you are keen on providing the services through their websites or other sources, you can follow the below guide in choosing the right lawyer:
Checking reputation and reviews
Apart from the practice areas, check the law firm’s reputation. A reputable lawyer or legal firm often has positive feedback from previous clients. You may read online reviews about the firm.
Attend legal consultation with them.
Request a consultation from the selected firms, and during the consultation, you can ask questions that will help you assess their expertise. Common questions include asking about their legal advice on how to solve your issues and the estimated time required. Also, ask about their fees and schedule of payment. Good law firms will be able to answer all these questions.
Conclusion
In conclusion, there is no separation between advocates and solicitors in Malaysia as they are known as lawyers. What matters for clients is to find a lawyer to help them in our judiciary system. If you need any legal advice, do contact us and we will assist you.
Frequently Asked Questions
1. What is the difference between a barrister and a solicitor in Malaysia?
In Malaysia, there is no difference between them, as they are known as ‘advocates and solicitors’ or ‘lawyers’. Qualified lawyers are allowed to practice in all legal areas.
