Article Index
Articles by Practice Area: Civil Litigation
16 July 2015
, by Loong Sheng Li, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study"
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 ...
25 June 2015
, by BY LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: "Conflict of Interest", litigant, representation, self, self-representation
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.
...
25 May 2015
, by LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: in, litigant, person, representation, self, self-representation
“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...
05 December 2014
, by Loong Sheng Li, Risk Management Executive, Jardine Lloyd Thompson Sdn Bhd
Keywords: failure, know, law, practice, to
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...
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...
29 September 2014
, by Tan Sue Vern, Jardine Lloyd Thompson Sdn Bhd
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...
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...
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 of y...
17 September 2014
, by Loong Sheng Li, Risk Management Executive, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Client Handling", "client management", "email scam", Fraud, "identity fraud", "lawyer client", "Practice Management"
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...
03 September 2014
, by Jeremiah Rais, Officer, PII and Risk Management Department
Keywords: Destruction, File, Guideline, Retention
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...
01 March 2014
Keywords: "File Management", "Firm Management", Litigation, "Time Management"
Section
Description
Limitation Period
6 (1) (a)
Actions founded on a contract or tort
6 years
6 (1) (b)
Actions to e...
01 March 2012
Keywords: Communication, "Firm Management", Litigation, Statistics, "Time Management"
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.
01 March 2012
Keywords: "Case Study", "Client Handling", Communication, "Engagement Management", "File Management", "Firm Management", Litigation, "Time Management"
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...
01 March 2012
Keywords: Communication, "Firm Management", Litigation, "Practice Management", "Time Management"
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,...
01 June 2011
, by Melissa Kraal
Keywords: "Closed Files", "Conflict of Interest", "File Management", "Firm Management", "lawyer client", Litigation, "Office Management", "Stress Management", "Time 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, ...
01 June 2011
Keywords: Checklists, "Closed Files", "File Management", "Firm Management", "Practice Management"
NO
ITEM
DONE
DATE
VERIFICATION
REMARKS
LAWYER
PARTNER
1
Review file' for any further work to be ...
01 September 2008
, by Datuk N Chandran
Keywords: "Client Handling", Communication, Conveyancing, "File Management", "Improvement and Processes", "Land Search", "Practice Management", "Stakeholder Duty", Undertaking
This article is a continuation of the previous article, Risk Management & The Practice Of The Law - Litigation.
Some Possible Risks in the Practice of the Law as a Conveyancing Lawyer
A. Duty of Solicitor to Make Searches
It is incumb...
01 September 2008
, by Shyamala Manoharan and Wong Li Chin
Keywords: "Conflict of Interest", "File Management", "Firm Management", "Office Management"
In this final instalment of The Dreaded C - Conflict of Interest' series, focus will shift to the essentials of a conflict system, they are applicable whether you maintain a record book or a computerised system.
Essentials Of A Confl...
01 September 2008
, by Datuk N Chandran
Keywords: "Court Procedures", "File Management", "Firm Management", "Improvement and Processes", Litigation, "Practice Management"
The Risk Management and the Practice of the Law was first presented by Datuk N Chandran at a Risk Management Seminar in March 2004.
The object of this paper is to address on the sort of risks to which legal practitioners are exposed to and t...
01 June 2008
Keywords: Checklists, "File Management", "Firm Management", "Practice Management", "Succession Planning", "Time Management"
File management takes many forms, and one important area of file management that is often overlooked is file transfers! In any firm that you work in, there are procedures for file opening, file closing, KIV systems etc because files are cons...