Touting Rife In Industry Despite Being A Crime Says Lawyer

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A senior legal practitioner says some firms rely on runners to secure clients, and reap substantial profits from the practice.
The Bar Council has issued a circular to legal practitioners warning them against touting, describing it as a criminal and unethical practice.PETALING JAYA: Touting remains widespread in Malaysia’s legal industry despite being a criminal offence, with some law firms allegedly reaping substantial profits from the practice, a senior lawyer has claimed
Speaking on condition of anonymity, the lawyer said firms often distance themselves from direct involvement by deploying runners or agents to scout for potential clients at hospitals, court complexes, police stations and other public offices.
“Some of these agents are linked to insiders within government departments and agencies who tip them off about potential cases,” the lawyer told FMT.
“For certain firms, this has become their bread and butter.”
In accident-related cases, the lawyer said firms may even offer victims cash advances — presented as “friendly” loans — which are later deducted from settlement payouts. In some instances, interest is charged on these advances, further burdening victims.
“Desperate clients often accept these offers without fully understanding the terms,” the lawyer said. “And because lawyers and their firms rarely engage in direct negotiations, it’s difficult to hold them accountable.”
The lawyer was speaking after the Bar Council issued a circular warning against touting, describing it as an unethical practice that brings disrepute to the legal profession and erodes confidence in the administration of justice.
It said the practice has persisted despite repeated awareness efforts.
“Members are hereby reminded of the seriousness of this issue and the urgent need for collective action to combat such unethical practices.
“Touting is an offence under Section 15A of the Minor Offences Act 1955, an offence punishable with a fine, imprisonment or both,” the circular said, warning lawyers that they are not permitted to offer their services or loiter in or in the vicinity of the offices of any government or public authority,
“As officers of the court, members of the Bar have a duty to uphold the dignity, ethics and integrity of the profession,” it said, adding that their vigilance and cooperation in reporting such misconduct are not only expected but essential.
The Bar Council also urged members to lodge police reports if they witness or suspect any act of touting, and to furnish the council with relevant details and evidence. - FMT

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