How to Avoid Stakeholder Issues

Lawyers may often find themselves in a position of trust with their clients, for example when the lawyer acts as a stakeholder-solicitor or as an escrow agent for an agreement between two or more parties.   They will find themselves ca...

Case Study: When It Rains It Pours

Danny Fenton of Messrs Fenton and Co (“IP”) acted for Jasmine, the purchaser in a conveyancing transaction to prepare the SPA. The vendor, Maddie was not represented but was assisted by her daughter and son-in law. After the deposit was p...

The Skinny On Checklists

Failure to Follow Client’s Instructions

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...

Case Study: Self Representation - Every Rose Has Its Thorn

Law firm ABC & Co was formed in 2007 as a partnership by Anna, Bryan and Calvin.  Two years later, Calvin fell out with Anna and Bryan thus deciding to dissolve their partnership, and he formed a sole proprietorship, Messrs Calvin & Co. ...

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...

To Do of 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: ...

Sample Letter of Acknowledgement

ACKNOWLEDGEMENT OF LEGAL REPRESENTATION To: [firm of solicitors concerned]   Re: Loan/facility amount: RM…………..        Financier:        Borrower(s): ...

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, ...

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...

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...

Conflict of Interest: The Dreaded C

  The Scene  New client coming recommended by a fellow lawyer; client is an up and coming Corporation.  The Matter Potential new client is aggrieved over a matt...

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 ...

Conveyancing Practice Tips

DO’S Advise the Purchaser on the terms and conditions in the SPA, including the preamble.  Do not assume your client is familiar with the clauses.  For example, the existence of any encumbrances on the Property.  ...