An important skill for an advocate is to draft effective and persuasive written submissions. The written submissions will condense the essential facts and the legal arguments you will be advancing in a case.
This post is based on a note I circulated to my own team members. They contain my thoughts on what I feel make effective submissions. Some of the elements below may be a matter of personal or team style. Don’t take any of the suggestions below as the only way of crafting your submissions. See what may work for you, and adapt it to your style or your firm’s style. Continue reading →
In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here, including case updates on other legal areas by TheMalaysianLawyer co-founder Lee Shih.
Malaysian employment law is relatively pro-employee when it comes to termination of employment. Based on the fundamental principle of security of tenure, any termination by an employer must be with just cause. In practice, just cause can sometimes be difficult to establish.
To avoid having to establish just cause — and to terminate an employment relationship without being exposed to the risk of an unfair dismissal claim — many employers opt to negotiate a mutual separation with the employee.
Typically, some form of monetary compensation (and sometimes other terms as well) is negotiated between the parties, and documented in a mutual separation agreement. The agreement will usually contain a clause to the effect that the employee confirms that the separation package and terms are in full settlement of any claims the employee may have, and that the employee will not bring an unfair dismissal claim.
So what happens where a mutual separation agreement is signed, and the employer makes the agreed compensation payment, but the employee then proceeds to file an unfair dismissal claim?
The relevant legal principles were recently considered by the Industrial Court in Raul Fabrizio Casserini v. George Fischer (M) Sdn Bhd  3 ILR.
Guest writer Crystal Wong, who has three law firm internships under her belt, shares her tips on making the most of those short stints.
Being an intern gives you a good platform to engage in an out-of-classroom and out-of-this-world experience. Internships give you a glimpse of how the legal scene unveils itself in a practical manner. I interned in Peter Ling & van Geyzel (PLVG) in Kuala Lumpur during my summer break in August 2017, and it turned out to be one of my favorite experiences.
Having now experienced internships in three different law firms, here are my 5 tips to make the most of your internship.
‘Blockchain’, ‘Smart Contract’, ‘NewLaw’. Dubbed the ‘uberisation’ of legal services — is this just fleeting hype, or are these new legal tech trends here to stay? If it is the latter, will it disrupt the livelihoods of legal practitioners, or enable lawyers to enhance their practice? While these buzzwords may sound like gobbledygook (read: tech jargon) to the everyday lawyer, talk about impending ‘disruption’ in the legal industry is rife.
According to Malaysian Bar President George Varughese, “legal technology is still somewhat an enigma in this region”. He said this during his welcoming address at #LexTech17 — the inaugural LexTech Conference 2017 which took place on 4-5 November 2017 in Cyberjaya. He also added — “Some of us know it well and welcome it with an embrace but many of us are threatened by its penetration and understandably so. It’s disruptive, it’s innovative and it’s necessary.”
Jointly organised by CanLaw Asia and Brickfields Asia College (BAC), the two-day conference saw the region’s leading legal practitioners and legal tech innovators come together to share their ideas and solutions on legal innovation. Topics that were discussed throughout the expert panel and breakout sessions on both days centred around four issues: The role of regulators and accelerators in legal innovation, blockchain and smart contracts, Artificial Intelligence (AI) in legal research, and how legal practitioners can future-proof their practice.
The following are four key themes from the conference: