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Article Index

Articles by Practice Area: Civil Litigation

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...

Your failure to cooperate could jeopardise your PII claim! (PII Scheme Did You Know Series)

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...

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, ...

File Closure Checklist

  NO ITEM DONE DATE VERIFICATION REMARKS  LAWYER  PARTNER  1 Review file' for any further work to be ...

Risk Management & Practice Of The Law - Conveyancing

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...

The Dreaded C - Conflict of Interest: The Essentials

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...

Risk Management & Practice Of The Law - Litigation

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...

Reinventing Your File Transfer System

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...

The Dreaded C - Conflict of Interest: Start Your Own Conflict System

Conflict of interest problems rarely discriminate, they affect all law firms, regardless of the firm's size.  In the December 2007 issue of Jurisk!, we addressed management of conflicts and provided you with a checklist aimed at reducing con...

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 ...

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...

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