12-Step Checklist for Drafting Court Papers

Lee Shih1 Comment

This post is taken from and expanded from a note I circulated to my team. This is a 12-step checklist I impose on my lawyers whenever they draft their court papers.

hands-typing-on-laptop_925x

#1. Sample Precedent from the Firm / Colleagues

As a starting point, we may ask for a sample precedent from colleagues. That’s fine as an initial step but we must adopt all the other following steps.

#2. Read Atkin’s Forms and Bullen & Leake

Compare with the English Atkin’s Forms. The English civil procedure rules changed significantly post 1999 so if the application is  based on civil procedure rules rather than a specific area of the law, go and look back at the older version of Atkin’s. Also read the English Bullen & Leake & Jacob’s Precedent of Pleadings. Both Atkin’s and Bullen will have useful comments and notes, and references to cases.

#3. Read Malaysia Atkin’s Forms and Bullen & Leake Malaysia

Then read the Atkin’s Court Forms Malaysia and Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings. Continue reading →

Speaking at the Forensic & Fraud Investigation Conference 2018

Lee Shih1 Comment

On 16 January 2018, I will be speaking at the Forensic & Fraud Investigation Conference 2018 organised by the Malaysian Institute of Accountants. I am looking forward to being able to share from a lot of practical case studies and from the cases I have been involved in. Fraud cases, internal investigations and asset recovery also make up a significant part of my practice.

Continue reading →

5 Things I Hope to Achieve During Pupillage

The Malaysian LawyerLeave a comment

Guest writer Shi Jing shares the 5 things she hopes to achieve during pupillage. Having completed the Bar Professional Training Course with an overall grade of Outstanding, Shi Jing is about to commence her pupillage at one of the top legal firms in the country.

So you have completed 4 years of legal studies and you are about to embark on your pupillage journey. Aside from hoping to be retained by your firm, what are the 5 things you hope to achieve during pupillage? Every pupil has different priorities and goals and here are the 5 things which matter most to me. Continue reading →

Bankruptcy Law Seminar: The New Insolvency Act 1967

Lee ShihLeave a comment

Legal Logic Asia is holding its Bankruptcy Law Seminar: Impact and Compliance of the New Insolvency Act 1967 & Insolvency Rules 2017. This is on 19 December 2017 at Concorde Hotel. This will be a comprehensive one-day seminar covering all of the major changes now rolled out under the renamed Insolvency Act 1967.

Judging from the questions I have seen posted on this website, as well as uncertainties in practice, I recommend you to consider attending this seminar. Here is the brochure for the Bankruptcy Law Seminar: Impact and Compliance of the New Insolvency Act 1967 & Insolvency Rules 2017. Continue reading →

10 Tips for More Effective Written Submissions

Lee Shih4 Comments

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 →

Case Update: Can an employee bring an unfair dismissal claim after accepting a severance payment?

Marcus van Geyzel2 Comments

Case Updates - yellow

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 [2017] 3 ILR.

Continue reading →