Article Index
Articles by Practice Area: Conveyancing
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...
08 September 2021
, by Donovan Lee Shyun Hyn
Keywords: "contract drafting", "contract review"
What is the correlation between contract review and risk management?
Contract review including drafting, is one of the main and inevitable job scopes of a corporate legal practitioner or an in-house legal counsel (“Legal Counsel&...
24 July 2021
, by John Kunzler, Marsh Placement Specialist
There are various terms used around information security. Cyber security, for example, may sound like the stuff of science fiction or, to some, the stuff of scaremongering or sales pitches. Whatever terms are used, the objectives are esse...
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...
15 July 2021
, by Dennis Goh, Manager, Echelon Claims Consultants Sdn Bhd – Claims Administrator for the Malaysian Bar Mandatory PII Scheme
The word “stake” is in common parlance used to apply to any money to be disposed of, in accordance with what may happen in future, and whoever is in possession of the money is often described as a stakeholder.
Lawyers are frequen...
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 ...
20 April 2021
, by Zemilah Mohd Noor
Auction properties are usually auctioned off at a very attractive price. Readers will notice that the phrase used is “auctioned off” and not “sold”.
Is there a difference? Yes, there is.
Auction is a process ...
15 February 2021
, by Dennis Goh, Manager, Echelon Claims Consultants Sdn Bid
Risk management co-relates to the standard of care exercised by a solicitor in the discharge of his duties.
In determining whether a firm has implemented an effective risk management program, the Insurer must be satisfied tha...
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")...
25 January 2021
, by John Kunzler, Marsh Placement Specialist, Marsh JLT Specialty
Many of us, and many businesses, have a tendency to under-estimate the risk of being affected by fraud. The unfortunate reality is that more and more of us are being affected personally, whether by identity theft, cloning of a credit card, or a...
25 January 2021
, by Murad Ali bin Abdullah, Advocate & Solicitor
Keywords: "anti-money laundering", anti-terrorism
Investigation and prosecution against advocates & solicitors under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”) is growing by the day. Charges and punishments under...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "bank statement", "clients' account", "clients' accounts", "clinet account", "judgement in default", "judgment in default", non-equity, "partnership agreement", "sleeping partner"
Joffrey and Theon were the partners of Messrs Baratheon & Associates, the Insured Practice (“IP”). When Theon joined the partnership, there was no partnership agreement executed between the two. Instead, they
mutually agreed to a ver...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "case study", "clients' account", partnership, "salaried partner", "salary partner"
Michael decided to set up his own law partnership known as Messrs Bluth & Finke, the Insured Practice (“IP”) with his long-time friend, Lindsay. Michael managed the main office in Petaling Jaya while Lindsay managed the Firm’s b...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "clients' accounts", "Deed of Dissolution", "Originating Summon", partnership, property
Emily and Victoria were the founding partners of Messrs Grayson & Co, the Insured Practice (“IP”). After some
time in the partnership, there were some disagreements about the Firm’s business plan, eventually driving a wedge bet...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "case study", "partnership dispute"
Ron, Leslie and Ann were legal assistants at a firm where they practiced together for several years. During their time at the firm, they developed a good friendship and camaraderie; and they shared common professional and personal interests. After ca...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "clients' accounts", "Disciplinary Board", "Memorandum of Transfer", newly-formed, partnership, "stamp duty"
Alexis began her legal career as a legal assistant at Messrs Morello & Associates where she befriended Piper, a senior legal assistant at the firm. When Piper left Messrs Morello & Associates to set up her own firm, Messrs Chapman & Co, A...
23 January 2017
Keywords: "Letter of Demand", "vacant possession"
Messrs Underwood & Partners, the Insured Practice (“IP”) was established in 1996. The Firm’s main office in Petaling Jaya was managed by Frank and the branches in Ipoh and Johor Bahru were managed by Claire and Douglas respectiv...