It is time we introduce a system where ordinary people may sit on the disciplinary boards of professional organisations such as the Malaysian Medical Council. This idea is nothing new as the jury system in capital trails involves citizens from various walks of life, although this system has been discontinued in the country.

If members of the public were to sit in the Malaysian Medical Council Disciplinary Board they could provide a clearer picture of how the public grouses are handled. A solicitor should also be allowed to be present with the complainant. However, the solicitor should be there merely to protect, advise and to guide, but not represent his or her client.

This proposal can be extended to other service-oriented organisations such as the Bar Council. All reported grievances against solicitors are handed by the Bar Council’s disciplinary board.

This board appears to comprise of senior and maybe retired lawyers. However the composition of the Bar Council disciplinary board is not revealed. If the board does not include an outsider; then it is time to introduce transparency and allow people from other walks of life to sit at these hearings. The Bar Council’s disciplinary board should preside at the town of residence of the complainant so as to ease the burden of travelling expenses. The complainant should be allowed to be assisted by a solicitor who would be appointed by the Bar Council without any further charges.

In the existing system, when a complaint is filed against a lawyer, the disciplinary board sits to hear the complaint. What goes on at the hearing is not known by anyone from outside, including the aggrieved party.

The complainant should enjoy unconditional immunity from being sued by the lawyer against whom the complaint was made. If this is permitted the entire process of disciplinary action to weed out the bad sheep would not be defeated and many more would come forward to lodge complaints against rotten apples.


K. Ramamurthy Achari
Penang

Source: The Sun – February 25, 2008