Article Index
Articles by Practice Area: Civil Litigation
21 December 2021
, by Raymond Thurston David, Advocate & Solicitor
People shy away from certain areas but the truth is no matter how much you research on the internet, there is really no substitute for experience when it comes to dealing with clients. And without them, who can we bill eh!
Kipling alway...
18 November 2021
, by Johan Shahar, Vice President, FINPRO – Malaysian Bar, Marsh Insurance Brokers (M) Sdn Bhd.
How does your Professional Indemnity Insurance (“PII”) protect these evolving risks?
Law firms, like all businesses, are operating in and relying upon technology in an increasingly hostile digital landscape. With the g...
11 October 2021
, by Mohd Shukri Zulkipli, Advocate & Solicitor
Where a creditor has obtained final judgment against a debtor and served on him a bankruptcy notice requiring him to pay the judgment debt in accordance with the said judgment, an act of bankruptcy will be committed by operation of law in the event o...
15 July 2021
, by Murad Ali bin Abdullah, Advocate & Solicitor
Keywords: "Partnership Act"
A law firm can come into being in compliance with the Legal Profession Act 1976. As a sole proprietorship. As a partnership. And in near future even as a Limited Liability Partnership-Incorporated.
Partnership practice often comes...
17 June 2021
, by Philip Lee Abdullah, Manager FINPRO – Malaysian Bar, Marsh Insurance Brokers (M) Sdn Bhd
Legal risk is unavoidable as lawyers do make mistakes from time to time. Therefore, taking pre-emptive measures will help to prevent any potential claims or legal disputes from errors or omissions made by the legal practice. Proactiv...
17 June 2021
, by Shafiq Sobri
There could be various reasons to close a law practice. Maybe you are a sole practitioner joining another law practice as a partner or have decided to cease practice to become an in-house legal officer or maybe you have decided it’s time ...
23 April 2021
, by Shafiq Sobri
Keywords: ADR, "alternative dispute resolution"
Mediation has been gaining prominence as an effective alternative dispute resolution tool in Malaysia especially with the enforcement of the Mediation Act 2012. Compared to litigation or arbitration, mediation is quick, efficient and inexpensive...
09 February 2021
, by John Kunzler, Marsh Insurance Broker
Sadly, we are all exposed to frauds and scams in our business and personal lives. On a UK website, ActionFraud, lists a large number of types of frauds and scams which have afflicted businesses of every type, including the following:
&nb...
09 February 2021
, by Loong Sheng Li
Keywords: "legal fee"
First and foremost, let’s get something straight – claims against your legal practice over a dispute solely on legal fees (in most general situations) are excluded under the Malaysian Bar Professional Indemnity Insurance ("PII")...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "clients' accounts", partnership, "sole proprietor"
After several years of practice, Max, a legal assistant at Messrs Channing & Associate, the Insured Practice (“IP”) was offered to be a partner of the Firm by Caroline, the sole proprietor of the Firm at that time. Max had been handli...
12 August 2016
, by Shafiq Sobri, Jardine Lloyd Thompson Sdn Bhd
In 2012, Mark appointed John Doolittle of Messrs Doolittle & Associates, the Insured Practice (“IP”) to commence a bankruptcy proceeding against Lisa to enforce the Summary Judgment entered against her in 2006. Nonetheless, after the ...
23 July 2015
, by Loong Sheng Li, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study"
It started off as a civil suit between a stock broking company, Mazuma, and TNS Property Holdings (“TNS”). Messrs Connors, the Insured Practice (“IP”), represented TNS while Messrs Blake represented Mazuma. Blake applied to th...
23 July 2015
Keywords: "Panel Solicitor"
In a continuation of frank conversations with stakeholders of the Malaysian Bar PII Scheme, we sit down with three Panel Solicitors (“PS”) to get their views of the Scheme and an in-depth look at their experiences so far in defending Insu...
16 July 2015
, by Loong Sheng Li, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study"
Case Study 4A
Messrs Thompson & Rifkin, the Insured Practice (“IP”) acted for the Defendants in a conveyancing suit. The High Court allowed for the Plaintiff’s application for summary judgment following which there is a 14-day ...
25 June 2015
, by BY LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: "Conflict of Interest", litigant, representation, self, self-representation
Law firm ABC & Co was formed in 2007 as a partnership by Anna, Bryan and Calvin. Two years later, Calvin fell out with Anna and Bryan thus deciding to dissolve their partnership, and he formed a sole proprietorship, Messrs Calvin & Co.
...
25 May 2015
, by LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: in, litigant, person, representation, self, self-representation
“A man who is his own lawyer has a fool for a client” [1] – Does this apply when a lawyer is representing himself?
Undeniably, majority of lawyers would assert that self-representation in their personal capacity is justified as t...
05 December 2014
, by Loong Sheng Li, Risk Management Executive, Jardine Lloyd Thompson Sdn Bhd
Keywords: failure, know, law, practice, to
Karpal Singh. Preet Bharara. Fatou Bensouda. When these names are mentioned, we instantly recognise them for their work done in a precise area of law.
There are numerous arguments as to why being a "Jack of all tr...
IP Interview No 1: The IP who had risk management in place
IP were the Solicitors for their clients who were the Vendors in the Sale and Purchase Agreements (“SPAs”) for the sale of two pieces of land to the Claimant.
Bo...
29 September 2014
, by Tan Sue Vern, Jardine Lloyd Thompson Sdn Bhd
The situations in the case studies below could have been avoided if the lawyers had implemented good practices in their firms.
CASE STUDY No 1: Don’t Forget To Remember Me – Limitation Period
On 1 April 2006, John met an acc...