FMT:
Why Malaysia restricts how lawyers can market themselves
3 hours ago
Mira Toh
While lawyers can now promote themselves online, restrictions remain under the new Legal Profession (Publicity) Rules 2025
3 hours ago
Mira Toh
While lawyers can now promote themselves online, restrictions remain under the new Legal Profession (Publicity) Rules 2025
New publicity rules in force since Jan 1 allow Malaysian lawyers to market their services more liberally while upholding the dignity and standing of the legal profession.
PETALING JAYA: Malaysian lawyers have long been restricted in how they advertise their services under publicity rules intended to safeguard the dignity of the profession.
However, on Jan 1 this year, when the Legal Profession (Publicity) Rules 2025 came into force, lawyers were given greater freedom to promote their services — including via the internet, on social media and other digital platforms.
While the changes represent a significant shift in advertising regulations for Malaysian lawyers, the profession remains more tightly regulated than in countries such as the United States and United Kingdom.
FMT spoke to two lawyers to understand why.
The need for updated publicity rules
However, on Jan 1 this year, when the Legal Profession (Publicity) Rules 2025 came into force, lawyers were given greater freedom to promote their services — including via the internet, on social media and other digital platforms.
While the changes represent a significant shift in advertising regulations for Malaysian lawyers, the profession remains more tightly regulated than in countries such as the United States and United Kingdom.
FMT spoke to two lawyers to understand why.
The need for updated publicity rules
V Kokila Vaani.
Bar Council member V Kokila Vaani said the push to modernise the profession’s publicity rules has been ongoing for several years, driven by efforts to ensure their relevance in the digital age.
In June 2022, members were asked by the Bar Council’s legal profession committee for their feedback on a draft of the new rules, prepared in consultation with the Attorney-General’s Chambers, and aimed at replacing its predecessor, the Legal Profession (Publicity) Rules 2001.
Kokila Vaani said the 2001 rules had become impractical in a digital landscape dominated by websites and social media, especially with podcasts and legal explainers appearing across multiple online platforms.
“Lawyers are already visible online, and it’s better to regulate that sensibly than pretend it doesn’t exist,” she told FMT.
She said the change was not a sudden shift but a long-overdue bid to catch up with countries like the US and UK, which have long allowed lawyers to advertise within ethical limits.
Bar Council member V Kokila Vaani said the push to modernise the profession’s publicity rules has been ongoing for several years, driven by efforts to ensure their relevance in the digital age.
In June 2022, members were asked by the Bar Council’s legal profession committee for their feedback on a draft of the new rules, prepared in consultation with the Attorney-General’s Chambers, and aimed at replacing its predecessor, the Legal Profession (Publicity) Rules 2001.
Kokila Vaani said the 2001 rules had become impractical in a digital landscape dominated by websites and social media, especially with podcasts and legal explainers appearing across multiple online platforms.
“Lawyers are already visible online, and it’s better to regulate that sensibly than pretend it doesn’t exist,” she told FMT.
She said the change was not a sudden shift but a long-overdue bid to catch up with countries like the US and UK, which have long allowed lawyers to advertise within ethical limits.
Lawyers’ do’s and don’ts
Even under the new rules, Malaysian lawyers remain barred from marketing their services in any manner that would affect the dignity and standing of the legal profession.
Rajesh Nagarajan.
Lawyer Rajesh Nagarajan said the new rules restrict lawyers from making comparative claims, promising outcomes, using selective testimonials and soliciting clients indirectly.
“The line between simply sharing facts and boasting is still subtle, and often depends on tone, context and intent. Lawyers are advised to be cautious, especially with public digital content that is permanent and easily shared,” he told FMT.
Kokila Vaani said lawyers must also refrain from describing themselves as “experts”, targeting vulnerable groups or creating unrealistic expectations.
Publicity about a lawyer’s speciality is allowed, but only within strict parameters designed to uphold professional integrity, maintain client confidence, and preserve the standing of the profession.
Still more restrictive than the US, UK
Kokila Vaani noted that in the US, lawyers often advertise verdict amounts, offer discounted fees, and run highly targeted client campaigns — practices unthinkable in Malaysia and even in the UK, where restrictions remain on unsolicited approaches despite broader freedoms to advertise publicly, provided such publicity is truthful.
She said that while the 2025 rules represent a meaningful shift from the traditional low-visibility approach and allow lawyers greater public and digital engagement, they do not go as far as the more liberal regimes in the US, and to a lesser extent, the UK and Singapore.
“This measured approach reflects the Bar’s ongoing commitment to professional dignity, client protection and the view that legal practice should not be reduced to a purely commercial enterprise,” she said.
Rajesh also said the 2025 rules move Malaysia closer to the UK and US models in a “calibrated, not wholesale” manner.
“Unlike those jurisdictions, where market logic plays a bigger role in professional regulation, the Malaysian framework still emphasises tone, balance and avoidance of self-promotion.
“The key principle is that visibility must not come at the expense of trust,” he said.
Lawyer Rajesh Nagarajan said the new rules restrict lawyers from making comparative claims, promising outcomes, using selective testimonials and soliciting clients indirectly.
“The line between simply sharing facts and boasting is still subtle, and often depends on tone, context and intent. Lawyers are advised to be cautious, especially with public digital content that is permanent and easily shared,” he told FMT.
Kokila Vaani said lawyers must also refrain from describing themselves as “experts”, targeting vulnerable groups or creating unrealistic expectations.
Publicity about a lawyer’s speciality is allowed, but only within strict parameters designed to uphold professional integrity, maintain client confidence, and preserve the standing of the profession.
Still more restrictive than the US, UK
Kokila Vaani noted that in the US, lawyers often advertise verdict amounts, offer discounted fees, and run highly targeted client campaigns — practices unthinkable in Malaysia and even in the UK, where restrictions remain on unsolicited approaches despite broader freedoms to advertise publicly, provided such publicity is truthful.
She said that while the 2025 rules represent a meaningful shift from the traditional low-visibility approach and allow lawyers greater public and digital engagement, they do not go as far as the more liberal regimes in the US, and to a lesser extent, the UK and Singapore.
“This measured approach reflects the Bar’s ongoing commitment to professional dignity, client protection and the view that legal practice should not be reduced to a purely commercial enterprise,” she said.
Rajesh also said the 2025 rules move Malaysia closer to the UK and US models in a “calibrated, not wholesale” manner.
“Unlike those jurisdictions, where market logic plays a bigger role in professional regulation, the Malaysian framework still emphasises tone, balance and avoidance of self-promotion.
“The key principle is that visibility must not come at the expense of trust,” he said.
Lawyers or legal firms are often stronger or not so strong in one area or another of the law.
ReplyDeleteIt is good for lawyers to be able to publicise to the public the services they offer, what specialty areas of law that they have particular focus in.
I have often had acquaintances who have ask for lawyer contacts or recommendations when they have a need for a certain kind of legal service e.g probate, letter of administration, divorce, sometimes complicated ,messy property purchase or sale, business legal disputes, even criminal matters.
However I agree that, for the sake of professional standards and decorum, lawyers should not be allowed to do the kind of high pressure and high profile marketing that Wankee Lawyers engage in.
Just isn't right for a lawyer that you need to be able to trust to handle serious legal matters to promote themselves like a Pasar Malam hawker...wakakaka..