Article Index
Practice Alert Article
07 January 2025
Keywords: and, bar, council, ethics, individuals, of, rules, rulings, the, unqualified
The Advocates and Solicitors Disciplinary Board (“ASDB”) has recently received a complaint of misconduct within a legal practice, exposing severe breaches of ethical and legal standards. The findings raise concerns not only about pu...
27 November 2024
Keywords: “Letter, engagement”, of
Every single client-solicitor relationship you enter without a Letter of Engagement is a ticking time bomb waiting to go off. Issuing a Letter of Engagement at the start of every client-solicitor relationship is essential.
The Advocate...
20 June 2024
, by Bar Council Risk Management Committee
Keywords: agreements, fraud, scam, tenancy
Circular 195/2024
Dated 5 July 2024
In May 2024, a law firm informed the Bar Council that there had been incidents of a scammer appropriating and misusing the name of their law firm. Victims of the scam called the law firm’s office to...
30 November 2023
Keywords: alert, asdb, guarantees
A complaint was lodged by the family member of an accused where a Member had given a guarantee that the accused would be released from prison and acquitted of the criminal charge.
It was discovered that the Member has been conducting his dea...
Circular No 169/2023
Dated 20 Jun 2023
The Bar Council recently reviewed five notifications received by the Malaysian Bar Professional Indemnity Insurance (“PII”) Scheme Insurer relating to the misuse of sale and purchase agreements...
Circular No 141/2023
Dated 16 May 2023
The Bar Council has recently been made aware of several Accountant’s Reports that had been prepared by unqualified individuals.
The discovery was made during the renewal process f...
Circular No 045/2023
Dated 23 Feb 2023
The Bar Council has recently been made aware of a series of embezzlements that have been perpetrated by law firm support staff. This information was conveyed to us by the Advocates and Soli...
17 March 2020
, by PII and Risk Management Department
Keywords: Covid-19, "disaster plan", "emergency plan", "Movement Control Order", "office management"
The suggested Law Practice Preparedness Plan is hoped to minimise the risk to your law practice during the nation’s Movement Control Order[1] due to Covid-19 that will take effect starting 18 Mar until 31 Mar 2020.
In preparation...
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: "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...
23 January 2017
Keywords: cyber, "cyber attack", internet, malware, phishing, spamware, spyware
Earlier this year, over 40 law firms in North America were victims of a group of what many believe, were Russian online hackers, bent on scrummaging terabytes-worth of data for insider trading purposes and other malicious intent. Most of these firms ...
02 July 2014
Keywords: Technology
Facts:
It has come to the Bar Council’s attention that a legal firm recently received a bogus phone call purporting to be from a reputable software company’s customer service. The bogus caller had full details of the legal firm&rsq...
01 July 2014
, by Ragunath Kesavan, Chairperson, PII Committee
Circular No 137/2014
Dated 1 July 2014
To Members of the Malaysian Bar
Practice Alert: Legal Firm Scammed into Releasing Client’s Money to Fraudster
It has come to Bar Council’s attention that a legal fir...
01 March 2011
, by Tony Woon Yeow Thong
Keywords: "email scam", Fraud, s&p, "sale and purchase agreement", spa
Bar Council is concerned about the growing number of reports and complaints received in relation to persons who hold themselves out as being authorised to offer legal services to the general public, or who masquerade as advocates and solicitors re...
01 December 2010
, by Shyamala Manoharan and Wong Li Chin
Keywords: Accounts, "Case Study", "Firm Management", Fraud, "Office Management", PII
Partnership/pahrt-ner-ship/ (noun):
The relation which subsists between persons carrying on business in common with a view of profit.[1]
In West Malaysia, there are 5,786[2] law firms in operation, 48.75% are partnerships.
Of...
01 June 2010
, by Amanda Soo and Shyamala Manoharan
Keywords: "Case Study", Conveyancing, Fraud
Facts:
A syndicate, possibly involving EPF members/third parties submit false documents on behalf of an EPF Member to facilitate the approval of withdrawals from the member's funds in Account II (Housing).
The third party offers...
01 June 2009
Keywords: Accounts, "Firm Management", Fraud, "Office Management"
HOW TO REDUCE RISK OF FORGERY OF CHEQUES?
Ask yourself these 10 questions about your firm's financial and accounting practices.
Do you or your partners:
Regularly ask for status reports from your accounts staff?
Exercise ...
01 March 2009
Keywords: "Case Study", Conveyancing, Fraud
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 regul...
01 March 2009
Keywords: Accounts, Conveyancing, Embezzlement, "Firm Management", Fraud, "Office Management"
“No, it won’t happen to my firm! We’re always careful…”
A common statement when reading articles of this nature. Nevertheless, news headlines of recent months forecast a challenging year ahead - rece...