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Online Civil Trials in Malaysia: The Positives and Negatives

The Malaysian LawyerLeave a comment

This is a guest post by Joshua Wu. It is one of the 3 articles selected to be published on TML following our open call for submissions. We would like to thank everyone who sent in their articles. We hope to see more quality legal writing published, which will hopefully lead to vibrant discussions and thought leadership in the Malaysian legal industry.

Malaysia’s Judiciary has proposed amendments to the civil procedure rules for online civil trials by remote communication technology. As detailed below, online civil trials can have positive effects but with possible weaknesses as well.

On 23 April 2020, the Malaysian Judiciary made history as it live streamed a Court of Appeal hearing. The live stream was opened to the public and was done so on the Judiciary’s website and YouTube channel.

The anticipated next step is the introduction of online civil trials. This is not a unique phenomenon as courts in other jurisdictions, such as China and the United Kingdom, have experimented with online trials. Indonesia has also recently announced that it will be embracing online trials.

The move towards holding online civil trials in Malaysia is already in motion. The Judiciary has proposed amendments to, among others, the Rules of Court 2012. Some of the key amendments will allow for:

  1. proceedings through remote communication technology;
  2. a person or witness to give evidence through remote communication technology; and
  3. the examination, cross-examination, and re-examination of a person or witness through remote communication technology.

Some of the positives and negatives associated with holding online civil trials in the Malaysian context will be briefly examined. Continue reading →

Malaysian Law Firms on LinkedIn

The Malaysian LawyerLeave a comment

LinkedIn is a social media platform geared towards professionals and professional networking. It has more than 645 million members. In a survey conducted in 2018 by the Malaysian Communications and Multimedia Commission, it was estimated that there were about 24.6 million social networking users and 13.3% of these users had a LinkedIn account.

Malaysian law firms are also utilising LinkedIn as a way to reach out to fellow lawyers and to clients. It is an additional platform to market and to engage with readers and clients, and can also be a additional channel for recruitment of talent.

This list covers some of the Malaysian law firms that are active on LinkedIn and have been gaining followers. Continue reading →

5 tips from an intern on making the most of a law firm internship

The Malaysian Lawyer2 Comments

Crystal Wong

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.

Continue reading →

The Shadow Director: Mr President, Mr Jello and 1ABC

Lee Shih1 Comment

Shadow-man_(1)
In this article, I try to explain the principles applicable to a shadow director and the consequences that follow.

In law, the term de jure director means a ‘director as of right’ and is an individual who has been formally appointed as a director of a company. So, the individual’s office as a director is of public record.

However, there may be instances where an individual is not formally appointed as a director. But this individual is still able to wield influence over the company’s affairs. The law may find that the individual is a shadow director. This would mean this individual attracts all the duties and liabilities as a director of the company.

A director is therefore not necessarily defined by his designation alone but rather by the dominant or controlling role that the individual plays, often behind the scenes, in running the company.

Before delving into the legal principles, let us set out the brief facts of the hypothetical situation involving a company called 1ABC. We will then see how the legal principles apply to these facts. Continue reading →

10 Years in the Law: Reflections

Lee ShihLeave a comment

Thought as my introductory post, I would share more on my journey as a  lawyer. A month ago marked my 10 years at the Malaysian Bar and I take this chance to  look back and explain why I still enjoy the law.

Why did I study law?

I made the decision to study law very late on. Many of my college mates had already made their university applications while I was still undecided. If I had followed my classmates, I would have likely pursued engineering or a science subject. Instead, with me not being able to decide, I drifted into applying for law. I thought it would offer me the most options after my law degree.

One tutorial's worth of reading at law school
One tutorial’s worth of reading at law school

Continue reading →