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The Perak Bar Treasure Hunt Saturday 18 May 2013 Free Entry All participants will win prizes

2009-05-29

PARALEGALS

Are Paralegals the solution


In Perak, there is no doubt that we face a shortage of legal assistants. Many of the younger lawyers prefer to work in Kuala Lumpur, Selangor, Penang or Johore where the grass would be greener. We even face a shortage of chambering students.


As far as I am aware, there are no "paralegals" in Malaysia as far as the term is used in the United States, United Kingdom, Canada and other countries. We do not have any body set up for them, any recognition by the Bar Council or State Bar, any formal training for them, any association or body set up for them, any provision for formal education for them and any fixed salaries for them.


What is a paralegal?


"Paralegal is a term used in many countries (a.k.a. jurisdictions) to describe non-lawyers who assist lawyers in their legal work. Paralegals originated as assistants to lawyers at a time when only lawyers offered legal services. In those jurisdictions, such as the United States, where the local legal profession/judiciary is involved in paralegal recognition/accreditation then the profession of paralegal still basically refers to those people working under the direct supervision of a lawyer. In other jurisdictions however, such as the United Kingdom, the lack of local legal profession/judiciary oversight means that the defintion of paralegal encompasses non-lawyers doing legal work, regardless of who they do it for. Although most jurisdictions recognize paralegals to a greater or lesser extent, there is no international consistency as to definition, job-role, status, terms and conditions of employment, training, regulation or anything else and so each jurisdiction must be looked at individually." Wikipedia.


From time immemorial, we have lawyers' clerks who type transfers, sale and purchase agreements and many types of agreements which you never learn at law schools. I remember in the "hey day" of tin mining, I came across sublease, sub-subleases and Mining Permits (statutory forms). Then there were the hybrids like "pok chow", contract to mine, joint ventures and what have you. All these were left to the clerks who copied them from their thick files of "precedents". These clerks will probably have their own "clients" and take instructions and interview the clients and the lawyers merely sign. Things are not much different nowadays, when we have lawyers who merely sign to attest to the signatures of the clients. Some lawyers do not even know what the matters are about and refer you to their clerks who handle the matters. A good chief clerk commands a high salary, and who knows, perhaps even a percentage of the fees (all of which are of course illegal).


The lawyers specializing in criminal cases will have an "assistant", not legally qualified, who will attend court unofficially, get the dates, charge sheets, police statements, interviews with the clients and witnesses (probably like your TV shows even doing some investigations in the process). The "runner" lawyer will probably do the same thing -

getting the police reports, sketch plans and keys and photographs, medical reports, reports from the RTD, dates of hearing, witnesses, and who knows, even the clients.


The civil lawyer can also have someone to run around for him to get the mention dates from the court clerks (except when the dates can only be obtained when the case is mentioned in open court). The lawyer can have someone to drive him and carry his heavy bags of files and authorities to court. I have known of a lawyer those days whose clerk even did the research for him and provide authorities from the digest of law cases. I know of lawyers now who engage clerks with knowledge on the use of computers, who can similarly check up authorities for them.


We also have companies who prepare Wills for a fee and even store them (for another fee of course). This is, of course, legal. Section 37 of the Legal Profession Act provides that no unauthorised person is to act as advocate and solicitor. However, under section 38 (2) Wills are specifically excluded. The fees charged by these companies for Wills are even higher than the fees charged by lawyers.


We also have estate agents (both licensed and unlicensed) who not only help you get a tenant but also prepare the tenancy agreement for the tenant to sign, though sometimes we cannot make head or tail of what the agreement says - but then the tenancy agreements are free whereas the lawyers have to charge scale fees according to the Solicitors Remuneration Rules. The agreements are not even stamped, thus saving more money for the "client".


If we have paralegals, (euphemistically called "legal assistants" in some countries), many of the tasks can be delegated to them. Of course the lawyer will have to assume ultimate responsibility for the legal work. They can help in research, gathering and preparing of documents for the Agreed Bundle and Bundle of Documents Not Agreed Upon, taxation of bills of costs (which most lawyers tend to shy away from because of the tediousness), investigating and summarising the facts of the case, analyzing and organising the information, who knows, even drafting of contracts etc. Who are the potential candidates to be paralegals? Persons with law degrees but who fall to be called for some reason or another. Graduates with degrees which are not "marketable". I wonder why they churn out so many graduates of "Human Resources", "Marketting", "Psychology" and even in computers until the market is saturated.


If these graduates who may not be markettable are trained as paralegals and governed by law they may be an asset and rather than competitors for lawyers, they can complement them.


Submitted by S.Y. Lee


2009-05-28

SUSPECTED SCAM: PLEASE TAKE NOTE!

Dear Members of the Perak Bar

I would like to relate my experience to you regarding a suspected scam.

Two weeks ago I received a call from a Mr. Xuan from Hong Kong. He said that he was from a development company in Hong Kong and that their company would be investing in a resort project in Ipoh. He then proceeded to ask if I could meet him when he arrives in Ipoh. I said yes and he proceeded to ask me for my mobile number.

On 25.05.2009 I received a call from a Mr. Alan Lee. He informed me that he is a colleague of Mr. Xuan. He further informed me that he had just arrived in Malaysia and that he would be in Ipoh on 27.05.2009. He promptly made an appointment with me over the phone to meet on 27.05.2009.

I met Mr. Xuan (Manager) and Mr. Alan Lee (General Manager) both of XYZ Group International Co., Ltd and XYZ Group (Asia) Development Ltd at the lobby of the Syuen Hotel on 27.05.2009 at 3.00 p.m which was apparently where they were staying as informed to me by them. After the initial hand shake we proceeded to the coffee house of the said hotel for a drink.

I asked them how they came to know of my firm and they replied that they had found us in the Yellow pages. That answer aroused my suspicion but as they are potential clients I did not want to question them further. I know for a fact that lawyers cannot advertise in the Yellow pages!

I asked them why they wanted a small firm like mine to act for them in such an important matter. Mr. Alan Lee told me that they cannot trust big firms as the turnover was quite high. They wanted someone to look after their company’s affairs on a long term basis and decided that our small firm suited their needs. They said that they were willing to pay us a retainer of RM50,000.00 per month to act as their advisers. Mr. Alan Lee informed me that the company has many years of experience in the construction industry and that they have numerous developments in Hong Kong, Macau, China and Vietnam.

After a few questions and answers they told me that the final say on whether to appoint my firm as their legal advisers lay with their Company Chairman. Mr. Alan Lee proceeded to ask me if I could make a trip to Hong Kong to meet with his Chairman on an urgent basis. He told me that it would be an all expenses paid trip and ideally I should depart by 1.06.2009.

I told Mr. Alan Lee that I needed to go back to check on my free dates as I did not want the trip to interfere with my Court days. As we parted ways Mr. Alan Lee told me that he would get in touch with me again.

When I left the meeting around 3.50p.m, I felt happy with the outcome. We touched on some general things, nothing too business like. Neither Mr. Lee nor Mr. Xuan asked to see our Company profile. When I offered advice on the acquisition of land they told me that they have appointed an agent to handle that part of their affairs and they just needed our firm to look through some legal documents as and when something comes up.

When I arrived back at the office I proceeded to browse the website http://www.XYZ.com which was printed on the business card of Mr. Xuan and Mr. Alan Lee. The website was in Mandarin which I could not understand.

I proceeded to perform a Google search on the group of companies called XYZ Group International Co., Ltd and XYZ Group (Asia) Development Ltd but to my surprise none of these names were found. How could such an important company not have any web presence whatsoever?

At that moment I received a call from my sister. I related my experience to her and she too tried to look for the names of these two companies without success.

Finally we came to the conclusion that this could be a scam to lure me into leaving Malaysia for Hong Kong. Who knows what could have happened then.

I proceeded to call Syuen Hotel today on 28.05.2009 on the pretext that I needed to pass something back to Mr. Alan Lee and Mr. Xuan but I was informed by the reception that neither Mr. Alan Lee nor Mr. Xuan were guests at the hotel.

I cannot verify for certain that this is a scam, but all the elements seem to suggest something shady and not altogether kosher. Please do not fall for the promises of being awarded huge projects only to end up being poorer in the end.

I will be making a police report in due course.

Submitted by
Ng Keem Ming


(All names have been changed as it cannot be confirmed that this was a scam)

2009-05-26

APPLICATION OF FINANCIAL ASSISTANCE UNDER THE SERVICES SECTOR CAPACITY DEVELOPMENT FUND (SSCDF)

The Malaysian Industry Development Authority (MIDA) is introducing the Services Sector Capacity Development Fund (SSCDF) to reduce the impact of liberalisation by building capacity and strengthening the competitiveness of domestic service providers.


There are several programmes that may be useful for legal firms in light of the recent announcement by the Government to accelerate liberalisation of services sectors.


There are three (3) categories of Capacity Development Programmes which legal firms can consider.


Training/ Outreach Programmes,

MIDA is allocating up to RM250,000 matching grant (1:1) for legal firms (domestic service providers) to be utilised for training/outreach programmes aimed at developing and enhancing capacities of domestic services in the context of liberalisation.


Accreditation; and

Legal firms intending to obtain internationally recognised accreditation are eligible to apply for assistance in the form of a matching grant (1:1) subject to a maximum of RM250,000.


Upgrading and Modernisation

Legal firms intending to upgrade and modernise their services through purchase of equipment and software including development costs may consider applying for a soft loan subject to a maximum of RM500,000. However, the financing applicable is subject to 90% of the purchase/cost only. The loan is provided through the Malaysian Industrial Development Finance Bhd (MIDF).


For further enquiries, please refer to


Grant Applications

Business and Other Services Division

Malaysian Industrial Development Authority (MIDA)

No. Tel: 03 2267 6723

No. Fax: 03 2267 6655

Website: http://www.mida.gov.my

Email: services@mida.gov.my


Soft Loan Applications

Malaysian Industrial Development Finance Berhad

No. Tel: 03 2173 8888

No. Fax: 03 2772 1911

Website: http://www.midf.com.my
inquiry-feedback@midf.com.my



PERAK BAR TREASURE HUNT 2009

All members of the Perak Bar,


Perak Bar Treasure Hunt 2009

Date: 20.06.2009 (Saturday)

Venue : Ipoh City & Country Club, Jalan Kampar

Time: 7.30 am to 4.00 pm


The Perak Bar Social Committee is pleased to confirm that the “Perak Bar Treasure Hunt 2009” is set for Saturday the 20.06.2009. However due to unavoidable circumstances the starting and ending venue is now changed to Ipoh City & Country Club at Jalan Kampar, Ipoh, Perak.


The top eight finishers/winners of the Hunt will be awarded the following cash prizes:-


a) 1st prize :RM 500.00

b) 2nd prize :RM 350.00

c) 3rd prize :RM 200.00

d) 4th to 8th consolation prize :RM 100.00


To those who are interested in participating in the Hunt, kindly submit your entry form as attached herewith and return the same to Perak Bar Committee together with the relevant payment on/before 12.06.2009.


The entry form can be downloaded here


For those who have further enquiries kindly contact the following members of the organizing committee:-


a) Stephen Su -012-5543366

b) Janet Wong -012-5228513

c) Gavin Tang -012-5258028

d) Hema -012-2036020

e) Kenny Lai -012-5151979


Thank you.


Yours faithfully,

Su Keong Siew (Stephen)

Chairman

Social Sub-Committee.

2009-05-22

COURT VACATION

MAKLUMAN

Kes-Kes di hadapan Yang Arif Dato' Wan Afrah Binti Dato' Paduka Wan Ibrahim pada 1 Jun 2009 hingga 26 Jun 2009 akan dilapangkan kerana Yang Arif bercuti.

Harap Maklum.

Sekian. Terima Kasih.

Arahan oleh
Timbalan Pendaftar
Mahkamah Tinggi Ipoh

2009-05-20

AN EVENING WITH DATO' AMBIGA SREENEVASAN


The Perak Indian Chamber of Commerce (PICC) will be organising a dinner on the 24th of May, 2009 at the Tower Regency Hotel, Ipoh in honour of former Malaysian Bar President Dato' Ambiga Sreenevasan who was the recipient of the 2009 International Woman of Courage award. Dato' Ambiga Sreenevasan will be delivering a speech entitled "The Free Society: Perceptions and Progress".

The PICC is opening up the dinner to all Perak Bar Members who wish to attend the dinner. Tickets for dinner are priced at RM100.00 per pax. Those interested should call Prema at the Perak Bar Secretariat for information on bookings.

2009-05-19

PERAK BAR TREASURE HUNT 2009


To all members of the Perak Bar,


Perak Bar Treasure Hunt

Date : 20.06.2009 (Saturday)

Start/Finish : Royal Ipoh Club (subject to confirmation)

Time : 7.00 am to 12.00 pm


Please be informed that the Perak Bar Social Committee will be organizing a “Treasure Hunt” which is scheduled to be held on Saturday 20.06.2009. The hunt will be in/around Ipoh city between 7.00 am to 12.00 pm.


Presently the working committee for the Social Committee is working and finalizing the programs for the said event, as such, full and further details of the event will follow in due course.

Needless to say, the success of the proposed event is wholly dependent on the level of support and participation from our fellow brothers and sisters at law. Therefore, please take note of the date.


Thank you.

Yours faithfully,

Su Keong Siew (Stephen)

Chairman

Social Sub-Committee.

2009-05-14

EGM OF THE MALAYSIAN BAR ON 15TH MAY 2009


The Malaysian Bar EGM will be held this Friday, 15th May 2009 3pm at the Dewan Sivik, Majlis Perbandaran Petaling Jaya, Jalan Yong Shook Lin, 46675 Petaling Jaya whereby the following motion is being proposed. All Perak Bar members are strongly urged to make all efforts to attend so as to enable the quorum of 500 to be attained and for the motion to be passed.


Motion


Whereas on the night of 7 May 2009, five members of the Kuala Lumpur Legal Aid Centre, Fadiah Nadwa binti Fikri (Secretary), Murnie Hidayah binti Anuar, Puspawati binti Rosman, Ravinder Singh Dhalliwal (Chairperson) and Syuhaini binti Safwan (collectively known as the “LAC Lawyers”), in their capacity as Advocates & Solicitors, had requested the police at the Brickfields Police Station for access to the detained persons who were arrested that same night whilst holding a candlelight vigil at the same Police Station over the recent arrest of political scientist Wong Chin Huat.


Whereas Article 5(3) of the Federal Constitution entrenches the fundamental right of a person to consult and be defended by the legal practitioner of his/her choice. Further, sub-sections 28A(2) to (7) of the Criminal Procedure Code (“CPC”) set out in detail the rights of arrested persons including their right to communicate and consult with a legal practitioner of their choice.

Whereas the Police denied the LAC Lawyers access to the detained persons, the Police, without any reasonable grounds, proceeded to arrest the LAC Lawyers and only released them on police bail the following day at around 3 p.m., notwithstanding the repeated requests by other lawyers for their immediate release.


NOW IT IS HEREBY RESOLVED THAT THE MALAYSIAN BAR:


Strongly condemns and denounces the wrongful arrest, detention and interrogation of the LAC Lawyers.


Strongly condemns and denounces the blatant transgression of the rule of law and the constitutional right of every person to counsel and access to justice.


Strongly condemns the unnecessary arrest and detention of those exercising their constitutional right to assemble peaceably.


Strongly condemns the arbitrary, improper and frequent resort by the police to section 28A(8) of the Criminal Procedure Code, thus denying an arrested person access to counsel and making the right provided under section 28A(3) meaningless.


Strongly condemns and denounces the appalling treatment of the LAC lawyers and all those held in custody, including compelling them to wear lock up uniforms and unnecessarily handcuffing them.


Strongly condemns and denounces the Police for deliberately refusing to disclose to their family or their lawyers any information in relation to the LAC lawyers after their arrest, including their location and their next course of action.


Calls upon the Inspector-General of Police to take immediate disciplinary action against the police officers responsible for the unlawful arrest of the LAC Lawyers and in particular, the OCPD of the Brickfields police station for this shameful incident.


Calls upon the Inspector-General of Police to take full responsibility for, and to explain, this gross abuse of police power.


Calls upon the Government to be committed to and to uphold the Rule of Law as enshrined in the Federal Constitution.


Reiterates its previous calls on the Government to establish the Independent Police Complaints and Misconduct Commission (IPCMC) in its original form to serve as an independent external oversight mechanism.


Calls on the Government of Malaysia to uphold and defend the fundamental rights of advocates and solicitors to discharge their responsibilities to their clients in an environment free from threats and intimidation and unhindered by law enforcement agencies.


Proposed by: Ragunath Kesavan

Dated: 8 May 2009