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Article Index

Articles by Topics: Fraud

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...

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...

Keeping Watch: Mortgage Fraud

Mortgage fraud is common in many jurisdictions around the world.  Escalating prices of property serve as a strong incentive for fraudsters. A “successful” mortgage scam can leave parties with large losses and start disputes as to ...

The Tale of Jack & Jill

The Facts  Once upon a time, Jack went up the hill to look for Jill.  Now, Jack was a rogue and had forged a Power of Attorney ("PA") in his favour, allegedly from the true owner of a piece of land.  The truth however ...

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...

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 ...

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: Conveyancing Claims

Introduction Conveyancing practice is an area of law with the highest percentage of practitioners in Malaysia.  Due to its relatively straightforward, albeit highly procedural-intensive, shorter time commitment and the abundance of client...

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...

How To Spot A Fraudster

Likes working alone Employees that steal from firms more or less have set modus operandi that requires falsifying documentation, forging signatures etc.  In order to successfully do so and keep their actions under wraps, they find working a...

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?

…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...

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...

Email Scams and Fraudulent Schemes by Unauthorised Persons

Bar Council is concerned about the growing number of reports and complaints received in relation to persons who hold themselves out as being authorised to offer legal services to the general public, or who masquerade as advocates and solicitors re...

Partnerships of (In)convenience: You’re Liable Too

Partnership/pahrt-ner-ship/ (noun): The relation which subsists between persons carrying on business in common with a view of profit.[1] In West Malaysia, there are 5,786[2] law firms in operation, 48.75% are partnerships. Of...

EPF Fraudulent Withdrawals

Facts: A syndicate, possibly involving EPF members/third parties submit false documents on behalf of an EPF Member to facilitate the approval of withdrawals from the member's funds in Account II (Housing).   The third party offers...

Don't Be A Victim Of Identity Fraud

What is identity fraud? Identity fraud is when someone impersonates someone else in order to secure a benefit.  Usually, the impostor unlawfully obtains personal identifiable information belonging to an innocent party and uses it to open ba...

Forgery of Cheques

HOW TO REDUCE RISK OF FORGERY OF CHEQUES? Ask yourself these 10 questions about your firm's financial and accounting practices. Do you or your partners: Regularly ask for status reports from your accounts staff? Exercise ...

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...

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