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Legal Advice

Legal Aid Department (LAD) provides legal advice services to all Malaysian citizens. Based on the Fourth Schedule of the Legal Aid Act 1971 (“the Act”), legal advice may be given on all matters. Legal advice shall consist of oral advice on legal questions relating to any Malaysian law. Registration fee of RM10 will be charged for this service.

 

 

 

Mediation

Civil Mediation

Types of cases that are suitable for mediation are-

  1. Maintenance of wife and children
  2. Matrimonial assets
  3. Welfare of children
  4. Terms of dissolution of marriage under joint petition
  5. Motor vehicle accidents not involving insurance company
  6. Consumer claim

 

Syariah Mediation

 

1. To provide mediation services via following processes:

  a)  To mediate within thirty (30) days from the date of signing the agreement for mediation
  b) To witness the parties to sign the agreement for mediation
  c)  To conduct mediation after the case been registered
  d) To prepare an agreement after the settlement been achieved by the parties in dispute during mediation
  e) To witness the parties to sign the settlement agreement
  f) To hand over the file case which had been mediated to Syariah Litigation and Advice Division to record the consent judgment in court
  g) To update the Syariah Mediation Register Book and JBG SPK system for each mediation conducted
  h) To prepare pleadings for the cases which had been signed through settlement agreement to be brought to the court
2.  To update the statistics and reports on Syariah Mediation made by the headquarters and all Legal Aid Department branches monthly. 
3. To observe, supervise and provide help needed by all of the Legal Aid Department branches on Syariah Mediation services.
4. To provide information on the functions and roles of Legal Aid Department to the society in Syariah matters.

 

The cases which are suitable for mediation are :


1. Maintenance of wife
2. Iddah maintenance
3. Maintenance of children
4. Arrears of maintenance
5. Amendment of maintenance order
6. Child custody
7. Mutaah
8. Grant (Hibah)
9. Will (Wasiat)
10. Marital debt
11. Betrothal damages

Litigation

Syariah Litigation

1. To provide advisory services via following processes :

  • To advice in all Syariah cases handled by the headquarters;

  • To provide legal advice verbally to all applicants on various laws in Malaysia;

  • To review the statitistics and reports on the Syariah advices given from the headquarters as well as the branches and to report them to the ICT unit and management meetings;

  • To design, supervise and organize litigation and advisory courses, training, workshops and so on to be attended by various levels of officers and staffs og Legal Aid Department.

 

2. To represent client in Court via following process:

  • To interview the applicant in order to determine the merit of the case and the financial capability of the applicant;
  • To interview the applicant who are eligible for legal aid for the purpose of drafting the relevant pleadings; 
  • To prepare the pleadings and supporting documents for the purpose of litigation in court
  • To represent client in court;
  • To provide assistance in appeal cases handled by Syariah Deputy Director General ;
  • To review the statitistics and reports on the Syariah advices given from the headquarters as well as the branches  and to report them to the  ICT unit and management meetings; 
  • To conduct research on the litigation and advisory cases;
  • To ensure the uniformity of actions taken and procedures done by all of the Legal Aid Department branches

 

General

The Legal Aid Department is a Government department that provides legal aid services to qualified people in accordance with the Legal Aid Act 1971. This service aims to provide legal services to the indigents at a subsidised rate from the Government, as an alternative to services offered by private lawyers that are normally costly.

Jurisdiction :

1. Syariah family matters  

2. Civil family matters  

3. Civil cases  

  • padi cultivators
  • small estate (distribution)
  • road accident
  • moneylenders
  • hire-purchase
  • tenancy matters
  • probate and letters of administration
  • adoption
  • consumer claims 

4. Criminal cases  

  • To plead guilty to the charge and to make a plea of mitigation
  • Offences under the Child Act 2001
  • Minor offences 

5. Legal advice in all legal matters  

6. Mediation for Syariah and civil cases

7. Legal companion services

Division

 

1. Research and Policy Division
  • To provide research services to the LAD;
  • To provide legal opinion to any legal aid matters referred to by LAD branches;
  • To prepare draft bills and subsidiary legislation to be submitted to the Attorney General’s Chambers;
  • To collect information and data; and
  • To build database of legal materials for reference.
2. Mediation, Litigation and Advisory Division (Civil)
  • To provide mediation services;
  • To monitor, supervise and provide the necessary assistance to the LAD branches in relation to mediation services;
  • To represent the client in civil proceedings as stipulated in the Third Schedule;
  • To represent the client in criminal proceedings as stipulated in the Second Schedule;
  • To give oral legal advice in any matters as stipulated in the Fourth Schedule; and
  • To monitor, supervise and provide the necessary assistance to the LAD branches in relation to legal aid and advice.
3. Litigation and Advisory Division (Syariah)
  • To represent the client in Syariah proceedings as stipulated in the Third Schedule;
  • To give oral legal advice in any Syariah matters as stipulated in the Fourth Schedule; and
  • To monitor, supervise and provide the necessary assistance to the LAD branches in relation to legal aid and advice.
4. Mediation Division (Syariah)
  • To provide mediation services;
  • To monitor, supervise and provide the necessary assistance to the LAD branches in relation to mediation services.
5. Panel of Solicitors and Legal Companion Division
  • To manage the appointment of private lawyers as panel of solicitors for LAD and to assign cases to them;
  • To monitor the cases handle by panel of solicitors and to make payment to them upon completion of cases;
  • To manage the application for authorization by the Minister under subsection 10 (2A) and 12 (3).
6. Management Services Division
  • To perform numerous functions which include human resources and financial management, general administration, ICT management and library management.