Article Index
Articles by Practice Area: Conveyancing
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...
01 April 2014
, by Tan Sue Vern, Jardine Lloyd Thompson Sdn Bhd
Keywords: Checklists, Communication, Conveyancing, Fraud, "Practice Management"
Mortgage fraud is common in many jurisdictions around the world. Escalating prices of property serve as a strong incentive for fraudsters. A “successful” mortgage scam can leave parties with large losses and start disputes as to ...
01 March 2014
, by Tan Sue Vern, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study", Communication, "Firm Management", "Practice Management", "Stakeholder Duty"
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 ...
01 January 2014
, by Wong Hok Mun
Keywords: "Case Study", Conveyancing, Fraud
The Facts
Once upon a time, Jack went up the hill to look for Jill. Now, Jack was a rogue and had forged a Power of Attorney ("PA") in his favour, allegedly from the true owner of a piece of land. The truth however ...
01 September 2013
Keywords: "Case Study", Conveyancing, Fraud, "Land Search", Notification, "Stakeholder Duty"
All names in the case studies are fictitious.
Claim 1: Duty of Care
In 1996, Andrew (Purchaser) purchased a piece of land in Selangor from Gilbert (Vendor) for RM300,000. Gilbert introduced Andrew to Rick & Co; and...
01 September 2013
Keywords: Communication, "Conflict of Interest", Conveyancing
There is no one way in dealing with risks. It is best to find ways and avoid any risks.
Conflicts are Everywhere
You may be acting for a friend or family member in some matters, put relationship aside and ask yourself:
...
01 September 2012
Keywords: "Client Handling", "Conflict of Interest", Conveyancing, Fraud, "Land Search", "Legal Fees", "SPA Fees"
There are many traps that trip in conveyancing practice, but in this article we attempt to distinguish them into four main categories: Conflict, Identity, Land Searches and Managing Client’s Interest. These appear to be very broadstrok...
01 September 2012
Keywords: "Case Study", "Client Handling", Conveyancing, "Firm Management", Fraud, "Time Management"
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...
01 September 2012
Keywords: "letter of undertaking"
ACKNOWLEDGEMENT OF LEGAL REPRESENTATION
To: [firm of solicitors concerned]
Re: Loan/facility amount: RM…………..
Financier:
Borrower(s):
...
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 June 2010
, by Amanda Soo and Shyamala Manoharan
Keywords: "Case Study", Conveyancing, Fraud
Facts:
A syndicate, possibly involving EPF members/third parties submit false documents on behalf of an EPF Member to facilitate the approval of withdrawals from the member's funds in Account II (Housing).
The third party offers...
01 March 2009
Keywords: "Case Study", Conveyancing, Fraud
Old Files
Senior Conveyancing Clerk in Firm A had full run of the firm’s Conveyancing files. Firm did not have a standard file review system, there was no supervision exercised over the senior clerk nor did the lawyer conduct regul...
01 March 2009
Keywords: Accounts, Conveyancing, Embezzlement, "Firm Management", Fraud, "Office Management"
“No, it won’t happen to my firm! We’re always careful…”
A common statement when reading articles of this nature. Nevertheless, news headlines of recent months forecast a challenging year ahead - rece...
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: "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 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...
01 June 2008
, by Wong Li Chin and Shyamala Manoharan
Keywords: "Conflict of Interest", Conveyancing, "Engagement Management", "File Management", "Firm Management", Litigation, Technology
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...
01 June 2008
Keywords: Accounts, "Case Study", Embezzlement, "Firm Management", Fraud
Employee embezzlement is a growing threat to legal firms. Members should be alerted to the fact that in 2007 and 2008, there was an increase in the number of employee embezzlement cases (as reported by several legal firms to the Insurer of the Pll...