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TUTORIAL QUESTIONS - LAW FIRM MANAGEMENT – LIA 4003WEEK 3 – INTRODUCTION TO LAW FIRM MANAGEMENT You are considering if you should establish a sole proprietorship firm or team up with your ex-colleagues and establish a partnership firm. You are required to analyze and discuss as follows: (i) The focu...

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TUTORIAL QUESTIONS - LAW FIRM MANAGEMENT – LIA 4003

WEEK 3 – INTRODUCTION TO LAW FIRM MANAGEMENT •

You are considering if you should establish a sole proprietorship firm or team up with your ex-colleagues and establish a partnership firm. You are required to analyze and discuss as follows: (i)

The focus and areas of legal practice your firm would like to venture into.

(ii)

The advantages and disadvantages of establishing a partnership firm.

(iii)

The advantages and disadvantages of establishing a sole proprietorship.

(iv)

The initial steps you must take to confirm the name of your practice.

(v)

The location of your firm.

(vi)

Clients or potential clients.

WEEK 4 – SETTING UP PRACTICE • You are now ready to commence your legal practice. Explain how you would do as follows: (i)

Draft and request for a ‘No Objection’ letter from the Bar Council.

(ii)

Design your firm letterhead.

(iii)

Design (with detail of the measurement) of the signboard of the firm.

(iv)

What are the statutory requirements you need to comply with in order to register your law firm?

(v)

Explain the location of the firm and the reason for such location.

(vi)

What are the salient features of a partnership agreement checklist? (Refer to Week 2 slides).

WEEK 5 - ETHICS •

Discuss the following cases and identify the issues of ethics and/or wrongdoing committed in these cases (if any). Discuss the reasons given as well as the judgment given in each case.

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(i) Iszam Kamal bin Ismail v Prestij Bestari Sdn Bhd (Bar Council Malaysia, intervener) [2018] 5 MLJ 536 (ii) Majlis Peguam v Dato Sri Dr Muhammad Shafee Abdullah [2016] 5 MLJ 572 (iii) We Balasingam v The Bar Council [1986] 1 MLJ 334 (iv) Molly Margrete A/P Andrew Gomez v Tan Suat Ching & Anor [2014] 7 MLJ 768 (v) Abdul Halim bin Abdul Hanan & Ors v Pengarah Penjara, Taiping & Ors [1996] 4 MLJ 54 (vi) Majlis Peguam v Cecil Wilbert Mohanaraj Abraham [2018] MLJU 776 (vii) Marzaini bte Zainuddin v Majlis Peguam Malaysia [2007] 8 MLJ 697 (viii) Rhina Bhar v Koid Hong Keat [1992] 2 MLJ 455

WEEK 6 – HUMAN RESOURCE MANAGEMENT • (i)

Discuss the following questions: How would you hire a Legal Assistant, an Office Manager, a general clerk, a despatcher, and an office receptionist? What are the qualifications you would look for?

(ii)

How would you determine their salary, medical benefits, leaves including medical leaves and other benefits?

(iii)

Would you specify a retirement age? If so, why?

(iv)

How would you train your legal and admin staff?

WEEK 7 – OFFICE MANAGEMENT AND ADMINISTRATIVE PROCESS •

Discuss the following questions:

(i)

What are the issues in your opinion that could justify a termination?

(ii)

Discuss how you would terminate an errant staff?

(iii)

What if the staff you terminate or resign lodges a complaint against your firm at the Ministry of Human Resources which is then later referred to the Industrial Courts? What would be your defence as an employer?

(iv)

What are the rules that can deter your staff from misusing office property?

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WEEK 8 – LEGAL FEES – BILLING AND COLLECTION •

Discuss the following questions:

(i)

How are legal fees calculated for Sale and Purchase Agreement (in Malaysia)?

(ii)

Would the legal fees include disbursements, hours or time spent on the file, and the filing fees to court and/or government agencies?

(iii)

Would you be willing to open up a file and start work without any payment or upfront deposit?

(iv)

Are you willing to accept pro-bono work and files from Legal Aid or Yayasan Bantuan Guaman Kebangsaan?

(v)

Are you willing to give discounts on your legal fees if requested by clients?

(vi)

How should payment be made to your firm? Mode of payment?

(vii)

Mr Thomas appoints your firm as his lawyer in the following transaction. How would you calculate your legal fees based on the below scenario?

(i)

Sale and Purchase of a land at a price of RM20,000,000.

(ii)

Sale and Purchase of a property amounting to RM250,000 from a licensed housing developer.

(iii)

Preparation of a Lease Agreement at a rate of RM50,000 per month for a duration of 3 years.

WEEK 9 – MANAGING ACCOUNTS - CLIENT’S ACCOUNT •

Discuss the following questions:

(i)

What is a Client Account?

(ii)

What is your role as a stakeholder?

(iii)

Are there any rules pertaining to Client’s Account? What are they and why are they important?

(iv)

Discuss how ‘client money’ was interpreted in the case of Choong Yik Son v Majlis Peguam Malaysia [2008] 7 MLJ 215

(v)

Analyse the following cases and discuss the significance of these cases to

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client’s money: o Dinesh Kanavaji Kanawagi & Ors v Ragumaren N Gopal; Majlis Peguam (Intervener) [2018] 2 CLJ 1 o Majlis Peguam Malaysia v Lim Yin Yin [2018] MLJU 986

WEEK 10 – MANAGING ACCOUNT – OFFICE ACCOUNT Discuss the following questions: (i)

What is an Office Account?

(ii)

How is it different from a Client’s Account?

(iii)

What is the firm’s revenue?

(iv)

How would you manage monies of the firm?

(v)

What are the items that can be included in an Office Account?

(vi)

What can Office Account be used for?

(vii)

Can an Office Account be used as a personal account?

WEEK 11 – RECORDS AND FILE MANAGEMENT •

Discuss the following questions:

(i)

How would you create a filing system in your firm?

(ii)

How would you label and manage old files?

(iii)

How long do you need to keep your files active and what would you do with the old files?

(iv)

Would you purchase a software to organize your files?

(v)

How would you minimize cost, reduce paper, and preserve energy in your firm?

(vi)

How do you minimize human error in filing, and avoid negligence on records and filing on your part?

WEEK 12 – MANAGING CLIENTS AND CONFLICT OF INTEREST • (i)

Discuss the following questions: Discuss the provisions under the Legal Profession Act 1976 and the regulations of the Bar Council pertaining to rule on ‘conflict of interest’.

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(ii)

Why do you think ‘conflict of interest’ is a matter of concern?

(iii)

Does ‘conflict of interest’ affect the impartiality of a case? How?

(iv)

Can a lawyer represent a client and sue an entity where the lawyer is a panel for?

(v)

Discuss three local decided cases pertaining to ‘conflict of interest’ and discuss the judgments delivered in those cases.

WEEK 13 – TIMEKEEPING AND STRESS MANAGEMENT •

Discuss the following questions:

(i)

What would be your office hours and why did you set it as such?

(ii)

Would you consider walk-in clients? Why?

(iii)

Do you think all clients need to set an appointment with you before you meet them? Why?

(iv)

How do you manage your employees on a day-to-day basis? Would you prepare a Worksheet? Timesheet? Roster?

(v)

How would you ensure the cleanliness of your firm?

(vi)

How would you monitor the well-being of your staffs?

WEEK 14 – RISK MANAGEMENT AND INSURANCE •

Discuss the following questions:

(i)

How would you describe your relationship with your clients?

(ii)

To what extent can you act for your client?

(iii)

Can you act as a bailor to your client?

(iv)

How do you ensure that you have been officially appointed as your client’s lawyer?

(v)

What would you consider to be a risk to the firm?

(vi)

Would you consider having a library in your firm? What would you do and what is needed?

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