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Article Index

35 Results: Case Study, Statistics

Case Study: Conveyancing Claims

Introduction Conveyancing practice is an area of law with the highest percentage of practitioners in Malaysia.  Due to its relatively straightforward, albeit highly procedural-intensive, shorter time commitment and the abundance of client...

Malaysian Bar PII Scheme Did You Know?

…innocent partners within the firm will be protected and covered in a claim involving misconduct?   Dishonest and fraudulent conduct by any member of a Firm is detrimental to any law practice; even more so when it involves the misa...

Case Study: Employee Embezzlement

The following are case studies of claims notified under the Malaysian Bar PII Scheme.  All names of people and places have been replaced to maintain anonymity. Case Study 1: Misusing Trust and Authority Total amount embezzled: RM2,5...

Malaysian Bar PII Scheme Did You Know?

(1) ...your Firm must notify the broker of a claim, in writing, as soon as practicable? The Professional Indemnity Insurance policy is a claims-made policy.  The first time you and your firm become aware of a claim, your firm has an ...

The No 1 Cause of Claims - Litigation : The Statistics

But why? There are many sub-causations contributing to the above.  Among them are: 1. Broken Communications. 2. Bad Time Management. 3. Poor Legal Knowledge.

Case Study: Litigation Claims

The following are examples of claims that have arisen in the course of a firm’s litigation practice.  All names of people and places have been replaced. Case Study 1 : Missed opportunity Messrs ABC and Associates (“ABC&rdq...

Malaysian Bar PII Scheme Did You Know?

Does your firm's PII Policy provide cover against dishonesty? Public policy dictates that only an innocent partner/s can seek indemnity of any form.  Clause 11 of the 2014 Certificate of Insurance (“COI”) protects and inde...

Partnerships of (In)convenience: You’re Liable Too

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...

EPF Fraudulent Withdrawals

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...

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 regul...

Employee Embezzlement Of Legal Firm’s Funds Office & Client Accounts

Employee embezzlement is a growing threat to legal firms. Members should be alerted to the fact that in 2007 and 2008, there was an increase in the number of employee embezzlement cases (as reported by several legal firms to the Insurer of the Pll...

An Unlikely Risk: The Non-Client

Advocates and solicitors owe many duties to their clients, but generally do not owe duties to the public while performing  their obligations to their clients.  It is paramount, therefore, that an advocate and solicitor be able to disting...

Case Study: The Non Engagement Letter

The Facts Michelle Law (“Law”) is a lawyer in Kuala Lumpur who’s main area of practice involves medical negligence.  Sulaiman Wahab is Law’s client.  While on vacation in Sipadan Island, Sabah, Encik Sulaiman ...

Case Study: Conveyancing - Sale & Purchase Agreements

SEARCHES The Facts In early January 2005, Firm A was engaged by a walk-in client, G.  G informed Firm A that he had found the home of his dreams and had managed to negotiate a reasonable price of RM800,000 for the property.  He n...

Risk Management: No Excuses for Missing Critical Dates

Alistair Sim is Associate Director in the Professional and Financial Risk Division at Marsh UK Limited. This article first appeared in ‘The Journal’ (The Online Journal of the Law Society of Scotland, December 2002, page 46) and is reprod...

Displaying results 21-35 (of 35)
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