Can A Lawyer Practice Law While Being A Vigilante in Malaysia?
Lawyer by day, vigilante by night — that phrase accurately sums up the life and career of Matthew Michael ‘Matt’ Murdock and Daredevil. Daredevil is Matt’s vigilante alias.
Now if you are not familiar with this iconic Marvel character, here is a quick rundown: Matt became blind after coming into contact with some radioactive waste. As a result, his sense was amplified to a superhuman level and he learned how to be aware of his surroundings through his ‘Radar Senses’.
Growing up, he learned how to control his newfound abilities and developed his acrobatics and martial art skills from his Master, Stick. [1] He also became a qualified lawyer after graduating from Columbia Law School and started his own practice [2].
It is interesting to see how an officer of the law is always taking the law into his own hands. As to why he keeps his vigilante identity close to his heart, here is what he has to say:
As Daredevil, I get to save the world. As a lawyer… maybe I can fix it. I need them both. That’s what I realized. The warrior and the lawyer. It doesn’t work if I only have one. [3]
While we love to appreciate this piece of fictional work, we can’t help but question the practicability and legality of a lawyer being a vigilante. To do that, let us take a look at the Legal Profession Act 1976 (“LPA”) and Legal Profession (Practice and Etiquette) Rules 1978 (“LPPER”) in Malaysia.
The Law
The LPA lays down a set of rules that regulate the legal profession and practice of law in Malaysia. By virtue of the LPA, the Malaysian Bar is formed to regulate the legal profession in West Malaysia (East Malaysia has its own system). The Act also creates the Bar Council that governs the affairs of the Malaysian Bar which is headed by the President.
Furthermore, the LPA lays down a list of requirements one must follow in order to be admitted as an Advocate and Solicitor (more commonly known as a lawyer) in West Malaysia. They include:
- Completing the necessary academic qualifications to become a ‘qualified person’ under the LPA.
- Complete a 9 month pupillage (training) program under a Master.
- Satisfy certain character requirements.
- Fill up the necessary forms.
Once someone becomes a qualified lawyer in West Malaysia, they are bound by a number of Rules that are created by the Bar Council through the LPA. Among these Rules, the LPPER governs the ethical conduct of a lawyer.
Can I Become A Lawyer and A Vigilante At The Same Time?
Honestly, it depends on the extent of how involved the lawyer is in vigilantism. In the case of Daredevil, we can imply (from the Netflix TV Show) that Matt Murdock is self-funding his career as Daredevil.
This will have a few implications:
If he is really self-funding his vigilantism career, he might get away with Section 30(1)(c) of the LPA which prevents a lawyer from applying for their Practicing Certificate (an important document to practice as a lawyer) due to being ‘gainfully employed’ by other people, firm or body outside the capacity as a lawyer.
- On the facts, there are no indications of anyone else funding his vigilantism career. Since he is self-funding his cause, he is not gainfully employed by other people. He isn’t even taking taxpayers' money for it!
Building on the point above, he might also get away with Rule 44 and Rule 7(b) of the LPPER as he can argue that his vigilante career isn’t a form trade nor does it amount to a position of an Executive Director.
If he manages to qualify as a practicing lawyer, we can still question whether he will be liable for a ‘professional misconduct’ as Section 94(3)(j) of the LPA provides that no lawyer should carry themselves in any ‘profession, trade, business or calling’ that is incompatible with the legal profession.
- Considering that we have seen cases where lawyers have been charged with contempt due to inappropriate words used in Court and situations where lawyers have acted in a manner that brings dishonor to the legal profession, it is safe to say that being the Judge, Jury and Executioner will cause Matt to be liable of professional misconduct.
He could also be liable for misconduct that is unbefitting to the legal profession as per Section 94(3)(o) of the LPA. Either way, we are sure that vigilantism is bound to raise several eyebrows from the Bar Council.
Conclusion
In short, if you are planning to be a lawyer it looks like you might have to put your vigilante career in one corner. Realistically speaking, it will be hard for Matt to maintain his identity as a lawyer and crime fighter for a long period of time.
However, I will give the TV show and comics credit in showcasing Matt’s credentials in becoming a qualified lawyer.
It is also important to note that each country has its own set of ethical rules and codes of conduct.
Of course, these kinds of scenarios rarely pop up in real life. How bizarre it will be if a lawyer actually has a superhero alter ego? Given the current predicament, we may wish for a superhero who can cure the COVID-19 pandemic but hey — that’s our frontliners!
PS: Surely a lawyer can also be a doctor or a nurse without breaching the rules right? (PPS: Unfortunately: no, gainfully employed 😭)
Disclaimer: All information displayed in this article is strictly intended for general information and knowledge only. Do seek advice from a qualified lawyer if in need of legal assistance.
This article was written by Hew Hoong Liang and reviewed by Melissa Lim and Lim Mei Lin.
