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Case Study: How Did They Do It?

Old Files

Senior Conveyancing Clerk in Firm A had full run of the firm’s Conveyancing files.  Firm did not have a standard file review system, there was no supervision exercised over the senior clerk nor did the lawyer conduct regular spot checks.  Partner would only get involved when there were high net worth clients.  Conveyancing clerk began forging client’s signatures on uncollected title documents.  Five (5) properties were sold to unsuspecting bona fide buyers.  Firm was sued for negligence.

Fake Power of Attorney

A couple, with a Power of Attorney ("PA") from a relative living in New Zealand approached Firm X to handle the sale of a plot of land.  The relative, they claimed, was ill and unable to travel.  All the details provided matched those on the title they produced.  On obtaining the 10% deposit for RM500,000.00, the couple disappeared.  It was later discovered that the land belonged to a Malaysian, R, living in New Zealand who had been blissfully unaware of any wrongdoing and did not give a PA to anyone to sell his land.  The firm was sued for negligence in not verifying the PA and not conducting proper searches.

Land Titles – Reported Lost

Despatch boy in collaboration with accounts clerk would masquerade as land owners/lawyers who had misplaced their land titles.  Upon obtaining new titles from the land office, they would approach potential buyers to sell the property.  At least ten (10) properties were sold in this manner before the firm’s partner found out what was happening; the discovery was made when a fellow lawyer telephoned regarding his client’s purchase of one of the properties.

Identify Fraud

C, claiming to be a lawyer, produced fake court orders to the land office and sought to transfer a property to G.  When the real owner checked on his title a year later, the land had already been transferred to G.

MyKad or YourKad

E, requested a lawyer to handle a sale of property for his ailing mother, L, who was wheelchair-bound.  Signing of documents etc were done via E who would take the documents ‘home’ for L to sign.  Identity matched those details on her utility bills and myKad.  One year after the transaction, lawyer was sued by L, who was in fact well, and had no intention of selling the property.