Article Index
Articles by Practice Area: Mortgages and Loans
21 December 2021
, by Raymond Thurston David, Advocate & Solicitor
People shy away from certain areas but the truth is no matter how much you research on the internet, there is really no substitute for experience when it comes to dealing with clients. And without them, who can we bill eh!
Kipling alway...
09 February 2021
, by Loong Sheng Li
Keywords: "legal fee"
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")...
23 January 2017
, by Shafiq Sobri, Jardine Llyod Thompson Sdn Bhd
Keywords: "clients' accounts", "Deed of Dissolution", "Originating Summon", partnership, property
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...
23 July 2015
, by Loong Sheng Li, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study"
Messrs Keating & Co, the Insured Practice (“IP”), represented both the Purchaser and Vendor in a Sale and Purchase Agreement (“SPA”). The property in question was charged to Furama Bank as a security for a loan given to th...
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...
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, "File Management", "Firm Management", "Practice Management"
“Negligence is the rust of the soul, that corrodes through all her best resolves.”
- Owen Feltham
It only takes a snail to create a landmark case in neglige...
01 March 2014
, by Tan Sue Vern, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study", "File Management", "Practice Management"
‘Unsigned’, Sealed and Delivered
FACTS:
The Insured Practice ("IP") IP was on Islamic Finance Bank’s panel of solicitors and was appointed to prepare the security documents for a RM50 million Islamic Structural ...
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 December 2010
, by Shyamala Manoharan and Wong Li Chin
Keywords: Accounts, "Case Study", "Firm Management", Fraud, "Office Management", PII
Partnership/pahrt-ner-ship/ (noun):
The relation which subsists between persons carrying on business in common with a view of profit.[1]
In West Malaysia, there are 5,786[2] law firms in operation, 48.75% are partnerships.
Of...