Case Study: Don’t Let The Grass Grow Under Your Feet

Fred appointed Messrs Doo and Co (“IP”) to discharge his condominium from Bank ABC upon the settlement of his property loan with the said bank. The bank forwarded the relevant documents to the IP for that purpose. Three months later,...

Case Study: Present Here But Not There

Messrs Wakeman and Carbuckle (“IP”) represented the purchaser, Sheldon to prepare the SPA for a residential property. The Vendor, Tremorton Pty Ltd (“Tremorton”) was unrepresented. Two months after the execution of the SPA, Sh...

The Skinny On Checklists

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...

Conveyancing Gone Bad

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...

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: ...

Conveyancing Best Practices

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...

Case Study: How Did They Do It?

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...

Risk Management & Practice Of The Law - Conveyancing

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...

Reinventing Your File Transfer System

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...

Case Study: Conveyancing - Sale & Purchase Agreements

SEARCHES The Facts In early January 2005, Firm A was engaged by a walk-in client, G.  G informed Firm A that he had found the home of his dreams and had managed to negotiate a reasonable price of RM800,000 for the property.  He n...

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.  ...