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Article Index

Articles by Practice Area: Civil Litigation

Case Study: Under Observation

After several years of practice, Max, a legal assistant at Messrs Channing & Associate, the Insured Practice (“IP”) was offered to be a partner of the Firm by Caroline, the sole proprietor of the Firm at that time. Max had been handli...

Case Study: When the Alarm Bells Ring - A Claim on the Abuse of Process in Bankruptcy Proceedings

In 2012, Mark appointed John Doolittle of Messrs Doolittle & Associates, the Insured Practice (“IP”) to commence a bankruptcy proceeding against Lisa to enforce the Summary Judgment entered against her in 2006. Nonetheless, after the ...

The Skinny On Checklists

Keep Your Boundaries in Check

It started off as a civil suit between a stock broking company, Mazuma, and TNS Property Holdings (“TNS”). Messrs Connors, the Insured Practice (“IP”), represented TNS while Messrs Blake represented Mazuma. Blake applied to th...

Casual Conversations: A Panel Solicitor’s Point of View

In a continuation of frank conversations with stakeholders of the Malaysian Bar PII Scheme, we sit down with three Panel Solicitors (“PS”) to get their views of the Scheme and an in-depth look at their experiences so far in defending Insu...

Faiure to Timely File Notices of Appeal

Case Study 4A Messrs Thompson & Rifkin, the Insured Practice (“IP”) acted for the Defendants in a conveyancing suit. The High Court allowed for the Plaintiff’s application for summary judgment following which there is a 14-day ...

Case Study: Self Representation - Every Rose Has Its Thorn

Law firm ABC & Co was formed in 2007 as a partnership by Anna, Bryan and Calvin.  Two years later, Calvin fell out with Anna and Bryan thus deciding to dissolve their partnership, and he formed a sole proprietorship, Messrs Calvin & Co. ...

Self-Representation: Every Rose Has Its Thorn

“A man who is his own lawyer has a fool for a client” [1] – Does this apply when a lawyer is representing himself? Undeniably, majority of lawyers would assert that self-representation in their personal capacity is justified as t...

Jack of All Trades, Master of None

Karpal Singh.  Preet Bharara.  Fatou Bensouda.  When these names are mentioned, we instantly recognise them for their work done in a precise area of law. There are numerous arguments as to why being a "Jack of all tr...

An Unforgettable Experience

IP Interview No 1: The IP who had risk management in place IP were the Solicitors for their clients who were the Vendors in the Sale and Purchase Agreements (“SPAs”) for the sale of two pieces of land to the Claimant.   Bo...

Hindsight is Insight

The situations in the case studies below could have been avoided if the lawyers had implemented good practices in their firms.  CASE STUDY No 1: Don’t Forget To Remember Me – Limitation Period On 1 April 2006, John met an acc...

Best Practice Tips

Risk Management or Best Practices, whatever you may call it within your firm is a double-edged sword.  It improves the quality of your legal service by ensuring that you deliver the best to your clients, this gives you the edge over your competi...

Did You Know

Your failure to cooperate could jeopardise your PII claim! Any insurance policy is a contract between two parties where the Insurer agrees to provide indemnity to the Insured subject to specific terms and conditions.  One of the conditions o...

Know Your Client: Pre, Present and Prevention

Fraud lies hid in general expressions The general rule of the internet is to never believe everything you read; however, in the context of fraud on a law firm or lawyer, there are many plausible ways of this occurring.  Zooming in...

The Retention and Destruction of Closed Files

The Retention and Destruction of Closed Files   With the Personal Data Protection Act 2010 (“the PDPA”) having come into force on 15 November 2013, law firms are all the more obliged to take practical steps in preventing any &ldquo...

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...

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,...

Files (Mis) Management

A good file management system is essential in any legal practice whether it be a small or large practice.  Lost, stolen and irreversibly damaged files often lead to disgruntled clients who, when unhappy with the service they've received, ...

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