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Article Index

29 Results: Practice Management

Free Up – Learn to Delegate

Almost 90% of law firms in Malaysia are small firms of one to five lawyers. It is no surprise that lawyers falling under this category spend the vast majority of their time working. This leaves them with hardly any time for themselves let a...

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...

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...

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 ...

Case Study: Avoiding Corporate Negligence

“Negligence is the rust of the soul, that corrodes through all her best resolves.”  -          Owen Feltham   It only takes a snail to create a landmark case in neglige...

Case Study: Negligent Preparation Of Loan Documents

‘Unsigned’, Sealed and Delivered FACTS: The Insured Practice ("IP") IP was on Islamic Finance Bank’s panel of solicitors and was appointed to prepare the security documents for a RM50 million Islamic Structural ...

Case Study: Responsibilities of a Stakeholder

The Call Of Duty A stakeholder is one who holds documents, money or any form of property pending the outcome of a future event.  For example, in sale and purchase transactions involving land, a stakeholder holds the purchase price monies ...

Do’s & Don’ts of Litigation Practice

COMMUNICATION DO’S Record everything in black and white.  More so telephone conversations where the client verbally instructs you.  Before you act on their instruction, have the client sign-off the written instructions,...

Billing & Collection

Billing Tracking and billing time to clients is an important and inevitable part of working in a law firm.  Now more than ever, billing and collection are processes that practitioners must master if they are to manage their practices effe...

Closed Files: How Long Should I Keep Them For?

In our previous issue, we discussed file closure in "Case Closed: What Do I Do With the File Now?".  We now move on to consider file retention, an important aspect of file management that should go hand in hand with any operating pr...

Quality Matters

There is a myriad of books on quality management for various professions including the legal profession.  Accordingly, this article does not set out to provide a one-fits-all solution but a highlight the benefits of implementing a Quality Man...

Case Closed: What Do I Do With The File Now?

Whilst most lawyers do not expect it when they begin their careers; documents (and paperwork) tend to dominate most law firms.  In a 2003 survey conducted by the American Bar Association, lawyers reported that one of their greatest disappointmen...

File Closure Checklist

  NO ITEM DONE DATE VERIFICATION REMARKS  LAWYER  PARTNER  1 Review file' for any further work to be ...

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...

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...

Risk Management & Practice Of The Law - Litigation

The Risk Management and the Practice of the Law was first presented by Datuk N Chandran at a Risk Management Seminar in March 2004.   The object of this paper is to address on the sort of risks to which legal practitioners are exposed to and t...

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...

Basic Questions To Ask Yourself if Your Firm is Protected Against A Conflict Situation?

  A System Yes No 1 Does your firm brief staff on the Conflicts Rules in the Bar Council Rulings and Legal Profession (Practice and Etiquette) Rules 1978? &nbs...

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...

Effective Practice Management - Assuring the Quality of Your Firm’s Work

Prepared on behalf of Chubb by Anthony E Davis and David J Elkanich, Partners, Lawyers for the Profession® Practice Group of Hinshaw & Culbertson LLP.    No two law firms are identical; they differ in an almost infinite numbe...

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