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Article Index

66 Results: Firm Management

Delivering the Goods: The Duty of a Stakeholder

Lawyers who become stakeholders in conveyancing transactions have a duty to hold the monies or documents deposited to them on behalf of either the vendor or the purchaser until the conclusion of certain transactions. In Toh Theam Hock v Kemajuan...

Tackle the Time Crunch

Martha M Newman is an Executive and Professional Coach who helps attorneys build leadership skills, enhance business performance and advance their professional careers.  This article was taken from Top Lawyer Coach, LLC and has been reproduced w...

Quick Glance: Limitation Periods

Section Description Limitation Period 6 (1) (a) Actions founded on a contract or tort     6 years 6 (1) (b) Actions to e...

Case Study: Avoiding Corporate Negligence

“Negligence is the rust of the soul, that corrodes through all her best resolves.”  -          Owen Feltham   It only takes a snail to create a landmark case in neglige...

Case Study: Responsibilities of a Stakeholder

The Call Of Duty A stakeholder is one who holds documents, money or any form of property pending the outcome of a future event.  For example, in sale and purchase transactions involving land, a stakeholder holds the purchase price monies ...

Case Study: What Every Sole Proprietor Should Know About Their Practice

For lawyers, it is trite law that a deceased can be sued via the administrators of the estate.  For a lawyer practising as a sole proprietor (“SP”), this has even greater implications.  The case study below demonstrates how f...

Misconduct Claims

Disclaimer: This extract was taken from the article ‘An Explanation of Some of the Main Terms of the 2013 Certificate of Insurance’ which was published in JURISK! March 2013.  The information herein has been edited to reflect the ...

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...

20 Tips To Avoid Embezzlement

Research has shown that small to mid-size practices are often more vulnerable to fraud than their larger counterparts because they have fewer employees.  Firms with fewer employees tend to have less segregation among duties, with fewer intern...

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...

Stress, the Time Snatcher!

Stress - a state of mental or emotional strain or tension resulting from adverse or demanding circumstances (Oxford Dictionary).    What is stressful to you may not be stressful to another.  Everyone has a different tolerance towards...

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...

Do’s & Don’ts of Litigation Practice

COMMUNICATION DO’S Record everything in black and white.  More so telephone conversations where the client verbally instructs you.  Before you act on their instruction, have the client sign-off the written instructions,...

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...

Billing & Collection

Billing Tracking and billing time to clients is an important and inevitable part of working in a law firm.  Now more than ever, billing and collection are processes that practitioners must master if they are to manage their practices effe...

Top 5 Practical Tips - Billing & Collection

BILLING 1) Avoid Lump-Sums Itemise your bills along with the time spent on each piece of work done.  Viewing this in detailed lists will make the client more appreciative of the work you have put in.  You would also avoid time co...

Quality Matters

There is a myriad of books on quality management for various professions including the legal profession.  Accordingly, this article does not set out to provide a one-fits-all solution but a highlight the benefits of implementing a Quality Man...

Closed Files: How Long Should I Keep Them For?

In our previous issue, we discussed file closure in "Case Closed: What Do I Do With the File Now?".  We now move on to consider file retention, an important aspect of file management that should go hand in hand with any operating pr...

How To Manage Your Files Effectively Without Breaking The Bank

It is a common perception that a large sum of money is required to achieve a good file management system.  In truth, a certain degree of creativity and perseverance is all it takes to first create a system, and to then maintain it.  Prob...

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