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Article Index

Articles by Topics: Dishonesty

Case Study: Am I Really A Partner Here?

Joffrey and Theon were the partners of Messrs Baratheon & Associates, the Insured Practice (“IP”). When Theon joined the partnership, there was no partnership agreement executed between the two. Instead, they mutually agreed to a ver...

Case Study: But I Have Known Him For Years!

Michael decided to set up his own law partnership known as Messrs Bluth & Finke, the Insured Practice (“IP”) with his long-time friend, Lindsay. Michael managed the main office in Petaling Jaya while Lindsay managed the Firm’s b...

Case Study: But We Are No Longer Together!

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...

Case Study: Maybe I Wasn’t Ready…

Alexis began her legal career as a legal assistant at Messrs Morello & Associates where she befriended Piper, a senior legal assistant at the firm. When Piper left Messrs Morello & Associates to set up her own firm, Messrs Chapman & Co, A...

Case Study: Gone With The Wind

Messrs Underwood & Partners, the Insured Practice (“IP”) was established in 1996. The Firm’s main office in Petaling Jaya was managed by Frank and the branches in Ipoh and Johor Bahru were managed by Claire and Douglas respectiv...

Case Study: Under Observation

After several years of practice, Max, a legal assistant at Messrs Channing & Associate, the Insured Practice (“IP”) was offered to be a partner of the Firm by Caroline, the sole proprietor of the Firm at that time. Max had been handli...

Case Study: Keep Your Clients Close, and Your Partners Even Closer

A law partnership is normally formed with the best intentions in the partners’ minds. They believe they have each found someone trustworthy and someone who shares the same professional goals and personal interests. Partnerships are also formed ...

Delivering the Goods: The Duty of a Stakeholder

Lawyers who become stakeholders in conveyancing transactions have a duty to hold the monies or documents deposited to them on behalf of either the vendor or the purchaser until the conclusion of certain transactions. In Toh Theam Hock v Kemajuan...

Having an Ace Up Your Sleeve in Rough Times

Every fortnight at Kerry & Associates, partners of the firm would select clients’ files at random to check if there are any discrepancies in them. This practice acts as a risk management measure to find any discrepancies in a file as well a...

A Family Affair – Keep It Seperate!

Messrs King & Partners was established in 2007 by Anna King and her partner, Henry. In 2009, Anna decided to further her studies in Australia, leaving the firm under the care of Henry and their accounts clerk, Teri. As part of checks and balan...

Case Study: A Dicey Situation - Between a Rock and a Hard Place

Jack Alastair, the sole proprietor of The Law Chambers of Alastair, notified Insurers of a possible employee embezzlement in his law firm. In his notification, Jack apprises that his account's officer, Elena, had committed criminal breach of trus...

Practice Alert: Bogus Customer Service Calls From Software Companies

Facts: It has come to the Bar Council’s attention that a legal firm recently received a bogus phone call purporting to be from a reputable software company’s customer service.  The bogus caller had full details of the legal firm&rsq...

Practice Alert: Legal Firm Scammed into Releasing Client’s Money to Fraudster

Circular No 137/2014 Dated 1 July 2014 To Members of the Malaysian Bar Practice Alert: Legal Firm Scammed into Releasing Client’s Money to Fraudster It has come to Bar Council’s attention that a legal fir...

Misconduct Claims

Disclaimer: This extract was taken from the article ‘An Explanation of Some of the Main Terms of the 2013 Certificate of Insurance’ which was published in JURISK! March 2013.  The information herein has been edited to reflect the ...

20 Tips To Avoid Embezzlement

Research has shown that small to mid-size practices are often more vulnerable to fraud than their larger counterparts because they have fewer employees.  Firms with fewer employees tend to have less segregation among duties, with fewer intern...

Malaysian Bar PII Scheme Did You Know?

…innocent partners within the firm will be protected and covered in a claim involving misconduct?   Dishonest and fraudulent conduct by any member of a Firm is detrimental to any law practice; even more so when it involves the misa...

Case Study: Employee Embezzlement

The following are case studies of claims notified under the Malaysian Bar PII Scheme.  All names of people and places have been replaced to maintain anonymity. Case Study 1: Misusing Trust and Authority Total amount embezzled: RM2,5...

Malaysian Bar PII Scheme Did You Know?

Does your firm's PII Policy provide cover against dishonesty? Public policy dictates that only an innocent partner/s can seek indemnity of any form.  Clause 11 of the 2014 Certificate of Insurance (“COI”) protects and inde...

Fraud… Are You Next?

“No, it won’t happen to my firm! We’re always careful…”   A common statement when reading articles of this nature.  Nevertheless, news headlines of recent months forecast a challenging year ahead - rece...

Employee Fraud: How to Spot A Potential ‘Thief'...

Record-setting fuel prices, inflation, world recession and commodity shortages which have financial impact on our day-to-day living are common headlines in newspapers today.  During such times statistics reveal a sharp increase in employee fr...

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