PETALING JAYA: Touts who demand fees for bail services at the courts undermine access to justice and are clearly on the wrong side of the law, say lawyers.

Thus, the Malaysian Bar has urged the public to educate themselves about their legal rights regarding court procedures.

Its president Mohamad Ezri Abdul Wahab said only advocates and solicitors registered under the Legal Profession Act 1976 are permitted to provide legal services for a fee.

“Any third party offering bail assistance for payment, without being a qualified practitioner, may be in breach of the law and could also be committing an offence under Section 37 of the Legal Profession Act,” he said.

He said touts who solicited or charged fees for legal work without a practising certificate were engaging in unauthorised legal practices.

“It is unethical and exploitative. Charging fees for services meant to be free – such as bail applications or documentation handled by court staff or legal aid – undermines access to justice, misleads the public, and takes advantage of vulnerable individuals unfamiliar with court procedures.

“The implications can be worse if the persons involved are government servants or judicial staff, as it can be construed as a criminal offence under the Malaysian Anti-Corruption Commission (MACC) Act or the Penal Code,” said Mohamad Ezri.

He advised first-time court visitors to approach the court counter or Legal Aid desks for guidance and not to engage or pay anyone offering unsolicited legal assistance outside official channels.

“Always verify whether someone is a registered advocate and solicitor before accepting help,” he said.

Mohamad Ezri called for stricter enforcement of regulations, patrolling of court premises and removing unauthorised persons from offering legal assistance, adding that victims may lodge a complaint with the Bar Council or police.

“If there is evidence of fraud or misrepresentation, the matter can be investigated and enforcement action taken,” he added.

Penang criminal lawyer V. Parthipan noted that touts previously referred to themselves as “professional bailors” and typically preyed on the most desperate individuals who had been arrested.

The Penang Legal Aid Centre and Bar Council Criminal Law Committee member said the practice had been eradicated in the Penang courts – mainly in Georgetown – thanks to full cooperation between lawyers, the National Legal Aid Foundation (YBGK), court officials and the public.

He said the Bar Council had set up an anti-touting committee to look into the issue and other forms of touting.

Parthipan said the touts would usually work with clients of firms they liaised with on criminal and accident cases.

“They would usually go for foreigners who desperately need a Malaysian to bail them out.

“The lawyers then would use these touts to bail them out to settle matters,” he said, adding that a tout was even charged in the Sessions Court of Georgetown for corruption over his “services” by misusing a legal firm’s name.

“Those days, when they existed openly in Penang, they would take 20% to 30% of the fees of the lawyers they recommended.

“To eradicate these touts, a lot of hard work was done by the Penang lawyers who went to the ground to expose them, talking to court officials to ban them and raising awareness among lawyers and the public.

“YBGK lawyers were placed in all courts to attend to those who desperately needed legal assistance and help in the process of bails. These services are meant to be free,” he reiterated.

Parthipan said Penang lawyers have also engaged with the Inspector-General of Police and OCPDs to raise these issues and create awareness within their ranks.

“The public must know that YBGK forms are available at all courts for those needing the services of lawyers or for advice on the process of bails,” he added.