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Seeing A Lawyer (By Chris Tan)

Thursday, March 13th, 2008

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LAWYERS

Lawyers are professional people trained in the law. You may seek their help to solve your problems. They are independent people and any information given to them is confidential and can only be released with your consent. Though a lawyer’s main duty is to protect your interest, he is also an officer of the Court and must not mislead the court or assist you in any way to break the law. He is bound by a strict code of conduct and rules of etiquette.
 
 
WHEN YOU MAY WISH TO SEE A LAWYER

Generally you may wish to see a lawyer to :

Get advice on a legal problem
Represent you in court, if necessary
Assist you in the handling of your legal rights.
 
You may therefore wish to see lawyer, in particular:

When you are charged with a criminal offence, to seek advice on matters relating to your defence, and to represent you in court.
When you wish to make a claim against another party you can ask a lawyer to file a claim for you and to represent you in court.
When some other party has unfairly filed a claim against you in Court, you may wish to seek the help of a lawyer to defend the claim.
 
 
When you are in doubt over any matter relating to the law, it is advisable to consult a lawyer. This is for your own protection. Also, taking legal advice at an early stage could save you a lot of time, trouble and money.
 
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Posted in Lawyers' Articles | 5 Comments »

The Present Pupillage System – Are Pupils Being Trained Adequately? (By Lee Shih)

Sunday, February 3rd, 2008

Part A. Brief description

Malaysia’s pupilage system is slightly unique compared to other jurisdictions as the law students entering pupilage do not undergo some form of common graduate course. New pupils can be divided into 3 main groups: those that graduated with a local 4-year law degree, students who went through the CLP and finally students who have been called to the English Bar.

Therefore, the pupilage period is the only common period where you can ensure that a law graduate is sufficiently trained with a core set of skills necessary for them to be an advocate and solicitor. Pupilage is the last link in the chain prior to admission and hence it takes a particularly important role in ensuring that pupils are equipped with core set of skills to prepare them for legal practice.

Therefore, the pupilage period is the only common period where you can ensure that a law graduate is sufficiently trained with a core set of skills necessary for them to be an advocate and solicitor.

Part B. Strengths of the Present System

There are 2 aspects of pupilage that does ensure pupils are being trained: firstly, the ethics programme and secondly, I would argue, the fact that every pupil has to complete legal aid.

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Posted in Chambering, Lawyers' Articles | 13 Comments »

Renting a Property in Malaysia (By Chur Associates)

Tuesday, January 29th, 2008

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The following are some useful information on renting a property in Malaysia.

1. FACTORS TO BE CONSIDERED:

(i) location;
(ii) neighborhood;
(iii) transportation access; and
(iv) usage

2. DIFFERENCE BETWEEN LEASE AND TENANCY

If the contract term is below three (3) years, it is called a tenancy. If the contract term is beyond three (3) years, it is called a lease.

Legally, leases are registrable with the Land Office and the lessees have a registered interest in the land upon registration.
The interests of a lessee is better taken care of / protected compared to a tenant under a tenancy as they only have an equitable interest on the land i.e. their interests would be subject to those with registered interests.

However, all tenants/ lessees are entitled to the quiet enjoyment of the property subject to the terms and conditions of the governing written document.

Under the common law jurisdiction of Malaysia, the right of quiet enjoyment and the actual possession of the tenants/ lessees are highly protected.

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Posted in Land Law, Lawyers' Articles | 3 Comments »

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