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Article Index

Articles by Practice Area: Wills, Probate and Estate

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...

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")...

Self-Representation: Every Rose Has Its Thorn

“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...

Jack of All Trades, Master of None

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...

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...

Case Study: Responsibilities of a Stakeholder

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 ...

Case Study: What Every Sole Proprietor Should Know About Their Practice

For lawyers, it is trite law that a deceased can be sued via the administrators of the estate.  For a lawyer practising as a sole proprietor (“SP”), this has even greater implications.  The case study below demonstrates how f...