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Article Index

Articles by Practice Area: Conveyancing

Contract Review and Risk Management

What is the correlation between contract review and risk management?    Contract review including drafting, is one of the main and inevitable job scopes of a corporate legal practitioner or an in-house legal counsel (“Legal Counsel&...

Frauds and Scams — Increasing Awareness

There are various terms used around information security.  Cyber security, for example, may sound like the stuff of science fiction or, to some, the stuff of scaremongering or sales pitches.  Whatever terms are used, the objectives are esse...

Be Awake or Be Awakened

A law firm can come into being in compliance with the Legal Profession Act 1976. As a sole proprietorship.  As a partnership. And in near future even as a Limited Liability Partnership-Incorporated.   Partnership practice often comes...

Stakeholder Duty – What it is and what does it impose on you?

The word “stake” is in common parlance used to apply to any money to be disposed of, in accordance with what may happen in future, and whoever is in possession of the money is often described as a stakeholder.   Lawyers are frequen...

Prevention is Better Than Cure

Legal risk is unavoidable as lawyers do make mistakes from time to time.  Therefore, taking pre-emptive measures will help to prevent any potential claims or legal disputes from errors or omissions made by the legal practice.  Proactiv...

Essential Steps When Closing Your Law Firm

There could be various reasons to close a law practice.  Maybe you are a sole practitioner joining another law practice as a partner or have decided to cease practice to become an in-house legal officer or maybe you have decided it’s time ...

Buying Property at an Auction

Auction properties are usually auctioned off at a very attractive price. Readers will notice that the phrase used is “auctioned off” and not “sold”.   Is there a difference? Yes, there is.   Auction is a process ...

What is Considered as Good Risk Management in Conveyancing Practice?

Risk management co-relates to the standard of care exercised by a solicitor in the discharge of his duties.    In determining whether a firm has implemented an effective risk management program, the Insurer must be satisfied tha...

External Fraud and Scams

Sadly, we are all exposed to frauds and scams in our business and personal lives.  On a UK website, ActionFraud, lists a large number of types of frauds and scams which have afflicted businesses of every type, including the following:  &nb...

Legal Fees – To Be Pre-Agreed or Not? That is the Question.

First and foremost, let’s get something straight – claims against your legal practice over a dispute solely on legal fees (in most general situations) are excluded under the Malaysian Bar Professional Indemnity Insurance ("PII")...

Frauds and Scams — Increasing Awareness

Many of us, and many businesses, have a tendency to under-estimate the risk of being affected by fraud.  The unfortunate reality is that more and more of us are being affected personally, whether by identity theft, cloning of a credit card, or a...

The AMLA For You And For Me

Investigation and prosecution against advocates & solicitors under the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”) is growing by the day.  Charges and punishments under...

Case Study: Am I Really A Partner Here?

Joffrey and Theon were the partners of Messrs Baratheon & Associates, the Insured Practice (“IP”). When Theon joined the partnership, there was no partnership agreement executed between the two. Instead, they mutually agreed to a ver...

Case Study: But I Have Known Him For Years!

Michael decided to set up his own law partnership known as Messrs Bluth & Finke, the Insured Practice (“IP”) with his long-time friend, Lindsay. Michael managed the main office in Petaling Jaya while Lindsay managed the Firm’s b...

Case Study: But We Are No Longer Together!

Emily and Victoria were the founding partners of Messrs Grayson & Co, the Insured Practice (“IP”). After some time in the partnership, there were some disagreements about the Firm’s business plan, eventually driving a wedge bet...

Case Study: It’s Not Our Problem, It’s Yours!

Ron, Leslie and Ann were legal assistants at a firm where they practiced together for several years. During their time at the firm, they developed a good friendship and camaraderie; and they shared common professional and personal interests. After ca...

Case Study: Maybe I Wasn’t Ready…

Alexis began her legal career as a legal assistant at Messrs Morello & Associates where she befriended Piper, a senior legal assistant at the firm. When Piper left Messrs Morello & Associates to set up her own firm, Messrs Chapman & Co, A...

Case Study: Gone With The Wind

Messrs Underwood & Partners, the Insured Practice (“IP”) was established in 1996. The Firm’s main office in Petaling Jaya was managed by Frank and the branches in Ipoh and Johor Bahru were managed by Claire and Douglas respectiv...

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: Don’t Let The Grass Grow Under Your Feet

Fred appointed Messrs Doo and Co (“IP”) to discharge his condominium from Bank ABC upon the settlement of his property loan with the said bank. The bank forwarded the relevant documents to the IP for that purpose. Three months later,...

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