Article Index
Articles by Topics: Conflict of Interest
06 October 2022
, by by Randy Emanuel Dias, Officer, Bar Council Professional Indemnity Insurance and Risk Management Department
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...
18 February 2016
, by Shafiq Sobri, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Case Study", conflict, interest, of, SPA, termination
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...
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 June 2015
, by BY LOONG SHENG LI, RISK MANAGEMENT EXECUTIVE, JARDINE LLOYD THOMPSON SDN BHD
Keywords: "Conflict of Interest", litigant, representation, self, self-representation
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.
...
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...
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: "letter of undertaking"
ACKNOWLEDGEMENT OF LEGAL REPRESENTATION
To: [firm of solicitors concerned]
Re: Loan/facility amount: RM…………..
Financier:
Borrower(s):
...
01 June 2011
, by Melissa Kraal
Keywords: "Closed Files", "Conflict of Interest", "File Management", "Firm Management", "lawyer client", Litigation, "Office Management", "Stress Management", "Time 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, ...
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 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 December 2007
, by Wong Li Chin and Shyamala Manoharan
Keywords: "Client Handling", Communication, "Conflict of Interest", "Firm Management", "Practice Management"
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...
01 December 2006
Keywords: "Case Study", "Client Handling", Communication, "Conflict of Interest", "Engagement Management", "Firm Management", "Practice Management"
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 ...
01 September 2006
Keywords: "Client Handling", Communication, "Conflict of Interest", Conveyancing, "Firm Management", "Land Search", "Practice Management"
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.
...