Managing a Sole Partnership

Proprietorship
Legal Office Advant i. Easier i. Overhead may
ages decisionmaking bedividedamong
power. thepartners.
How to start ii.Entitlementto ii.Workloadmay
running a law all profits from be shared among
thebusiness. partners.
office/firm iii. Less capital iii. Liability is
investment. shared among
1. Sole Proprietorship partners.
Set up a firm with small investment, iv. Startup is
because one could work from home or quicker than
withsmalloverheads. setting up a
It would grant you relative freedom, large multi
having to answer to no one but yourself partnerfirm.
andyourclients.
Going solo meant you would have to
handleeverythingyourselfandonceyour Disadv i. Sole liability i.Jointliabilityto
businessgotgoing,youwouldalwayshave antage foralldebts. allpartners.
tobethereforyourclients,sometimesat
the expense of your personal life and ii. Reduced ii. Profit shared
familyobligations. borrowing amongpartners.
powers.
iii. Financial
2. Partnership iii. Competing dealings must be
Partnershipisanassociationofindividuals with major made with the
comingtogetherwiththeaimofworking players. agreement of all
togethertotheirmutualadvantage. partners.
Apartnercouldbemadeliablefortheacts
or omissions of their partner and suffer iv. Based upon
greatlyforit. trust among
Profits are shared and all business partners.
decisionswithinthefirmaremadebythe
partnerstogetherorinaccordancewiththe
writtenpartnershipagreement.
Indecidingbetweenthesetwo,itdepends
alotonyourpersonalityandcharacter.
E.g:Areyouateamplayer?
Are you more of an individualist and
preferdoingthingsinyourownway?
Areyoucapableofmakingcompromises?
Areyouanaturalleader?

FarahFarhanaHassan

Preferred Areas of
Work
Conveyancing,Corporate,CivilLitigation,
Criminal Litigation, Intellectual Property,
Familylaw,etc?
Asagoodlawyerandaprofessional,you
should plan your work and normally
choosetheworkthatyouarehappytodo.
Should also consider the remuneration
aspect.
As a person, we know our strength and
weaknesses, so we must be careful in
dealing with something that we are not
expertinto.
Yourpreferredareasofworkandpersonal
expertise may dictate that your law
practiceisofacertainsize.
E.g: Certain areas of legal work require
manystaffandotherresources.
Certain areas of legal work, needs some
specificexpertiseinit.
Conveyancing
6importantSSRO,Searches,Staff,
Stamp duty, Suits as well as Some
Pointers.
Insettingupaconveyancingpractice,
thefirmmustensureapropersystemis
in place to prevent severe effects to
onesfirmandclients.
Sometimes one needs to be bold
enough,bypracticingdiscerningtactics
todetectfraudbyamemberorstaff.
CivilLitigation
To prevent being outfoxed by ones
opponents, it is essential to keep
updatedonlegalcasesandhowalaw
firmmusthavequickandclearaccess
toalibraryoflawreports.
FarahFarhanaHassan
Tosetupthiscivillitigationpractices,
thelawyershouldalsobetheonewho
know his or her judge, to win them
over, not by illicit means but by
making arguments intellectually
appealingtohisframeofmind.
Time Management
Timemanagementisveryimportantaswe
onlyhave24hoursinadayandnomatter
howhardweworkandwetrytowork,we
cantincreasethetime.
Lawyerswhoproperlymanagetheirtime,
clients,cases,technologyandlawfirmare
bound to have more fulfilling lives and
careers.
Being able to prioritise work is a major
challengeformostpeople.
Importance of Time Management
TimeManagementallowyoutoeffectively
manageyourtimeandknowhowtomake
themostofit.
Lawyers who are organized and manage
their time well are likely to find
information more quickly, think more
clearly, work more productively, utilize
theirlegalskillsmoreeffectivelyandmake
a better impression on clients and
colleagues.
A lawyer shall monitor the status of
multiple projects and keep a client
informedaboutthestatusofamatterand
promptlycomplywithreasonable request
forinformationFailureofthis,willaffect
thefirmsreputation.
Alawyersworkloadmustbecontrolled
so that each matter can be handled
competently To keep up with the
deadlinesothatthelawyerscanestimate
thetimerequiredforadequatecompletion
of all the various components of the
lawyersworkload.
If lawyers can managed their time well,
they can accept more cases to handle
whichwillthenincreasetheirincome.

Time Theft Factors
1.LongLunchesandExtendedBreaks
o Thisismostlyhappenwhenlawyersgo
for shopping after lunch, gossiping
over meals and also picking up their
kidsfromschoolduringlunchhours.
o 1hourlunchcaneasilyturninto1hour
and15minuteslunch.Extendingafew
minutesduringeachbreakcanaddup
toafulldaysworkveryquickly.
o One way to solve this problem is by
installing Biometric Time and
Attendance System in which the
lawyersandstaffsarerequiredtoclock
outfortheirlunchbreaks.
2. Using Company Time to operate
anotherbusiness
o Lawyers will often carry work from
another job or their personal business
towork.
o Therefore, they will utilize the
companys time and resources to
completemultipletasks.
3.InternetTimeTheft
o Use technology for nonwork related
purposes such as checking personal
email, online shopping and spending
time on social networking sites or
textingduringworkhours.
o Toavoidthis,thefirmshouldconsider
installing software that blocks
unproductivesites.
FarahFarhanaHassan
4.Overconfident/Lackofconfident
o Lackofconfident:Requiresmoretime
tothinkaboutit.
o OverConfident: Some lawyers think
thattheyarecorrectandrefusedtotake
theopinionofothersorrefusedtodo
some research about it, but actually
theywerewrong.Therefore,theyhave
todoitalloveragainwhichisclearlya
wasteoftime.
5.GoofingOffintheOffice
o Socializing or chatting for a long
periodoftimeisaseriousformoftime
theft.
o Thisisbecauseitinvolves2workers,
whichdoublestheamountoftimelost.
o Theissuebecomesworsewhengroups
start to form and loud conversations
distractotherpeopleinthearea.
6.LazinessandProcrastination
o Lastminutesworkswilloftenleadsto
carelessmistakes.
File Management
Opening File
Whenclientwalksinforconsultation,this
oftenleadstoawarranttoact/contractof
retainer.
Warrant to act is a document which not
onlyevidencestheauthorityofalawfirm
to act for client, but also evidences
complianceofrulesofpracticeandsetsout
important terms and conditions of
engagementasfollows;
Scopeofworkstatesthescopeof
legalservicesofthefirm.
TheteamStatesthenameofthe
lawyers who will be principally
responsible for providing the legal
 services/lawyers inchargeofthat
particularfileandcase.
FirmsCommitmentTomaintain
a goodrelationshipwiththe client
forthesakeofthefirmsreputation.
Legal Fees States the proposed
and estimated legal fees. No
discounts for such fees as state
under Solicitors Remuneration
Order. (If no discount, then the
reputation of ones firm can be
maintained.Thisisbecause,people
willalwayschooseafirmthathas
discounts).
BillingsStatestheinitialpayment
or initial disbursement for the
expenses incurred such as for
conducting company searches,
transport/travellingcosts.
Withdrawal and Termination
States the mode of termination by
the firm and also the mode of
terminationbytheclient.
Individualclientretainertobesignedin
yourpresence.
CorporateclientresolutionoftheBoard
ofDirectors.
Conflict of Interest
Rule3ofLegalProfession(Practiceand
Etiquette)Rules1978
Lawyers shall not accept a brief if
embarrassed
o inwhichheisinpossessionof
confidentialinformationbecause
having previously advised
anotherperson in regard tothe
samematter.
o Where there is personal
relationshipbetweentheminthe
proceedings.
FarahFarhanaHassan
Rule4
No Lawyers to accept brief if
professional conduct likely to be
impugned.
Rule5
No Lawyers shall accept brief if
difficult for him to maintain his
professionalindependence.
Rule27
Lawyersshallnotappearinanymatter
which he is directly pecuniarily
interested.
Maintaining a File
Designofthefilesandcoversdifferent
colours for different department/category
ofworks.
E.g: RedLitigation, BlueConveyancing,
YellowCorporate
Inside the Coloured file (big file) there
must be separate sections for
Correspondence, Documents, Bills &
Vouchersandperhapsanotherfordrafts,
On opening a file First must check
whetherthereisconflictofinterestornot
andthenregister.Putaregistrationno/file
reference no at the front file. This is
importantfortracingthefiles.
MinutesCourtdates,conversationswith
clients, opposing solicitors, followed up
withmailconfirmingconversations.These
are all important as everything must be
black&white.

Organization
1.OrganisingyourWork
a. AbilitytoPrioritise
i. Dothemostunpleasanttaskfirst
Take the worst, most unpleasant,
ugliesttaskyouhavetodothatyou
dontwanttodo,anddoitfirst.
Stopprocrastinating,andjustdothe
one thing you are dreading the
most.
Onceitisoutoftheway,aburden
is lifted from your shoulders and
youcanmovemorerapidlythrough
therestofthedaystasks.
When the unpleasant task is no
longer looming overhead,
everything else suddenly becomes
mucheasier.
ii.
Whichcaseismoreimportant?
Next,dothemostimportantworks
first.
FarahFarhanaHassan
Decideitaccordingtotheduedate
and timeframe of the case.
Whichevercasethathastheearliest
due date or the case which is
importantmustbedonefirstsothat
youarenotrunningoutoftimelater
on.
Organise your work properly
accordingtotimeline/timeframeand
prepareearlier.
b. AbilitytoDelegate
Delegationisaneffectivelawoffice
managementtechniquethatreduces
stress and enhances the quality of
lifeforeveryone.
Not all legal work must be
performed by the lawyer itself, so
spreadaroundtheworkload.
E.g:Delegatethetasktothestaffs.
Trainthestaffstodraftletters,but
asalawyer,youmustdoublecheck
it.
Delegation is a difficult skill to
master,becausemostlawyershave
been schooled that he or she is
indispensabletoeveryaspectofthe
process,butthisisjustnottrue.
Learn to delegate and strive to be
effectiveofit.
c. Abilitytokeepyourworkareaand
thefiletidy
Ititeasierandmorecomfortableto
dotheworksinanareathatistidy.
Itisessentialtokeepthefiletidyto
avoidfrommissingorlosingsome
importantdocuments.
2.FilingSystem
 a.FilingCabinets ii.ExternalDocuments
Itisimportanttoreturnthefiletoa o Letters
properfolder. o Facsimile the
Toavoidthedocumentsmissingor acknowledgement that the fax
mixingupwithotherfiles. hasbeensuccessfullysend.
Inordertokeepthefileinproper o Undertakings
manner, there must be a good o Electronicmails
referencing system so that the
lawyersandstaffscanidentifythe All of these docs must be clear,
fileeasily. accurateandprecisesothatanyone
Each department must have their readingitwillbeabletounderstand
own cabinets. Litigation files, iteasily.
Conveyancing files must be put
separatelytodifferentcabinets. iii.Opinions
To have a proper filing cabinet o Short description of your
Put a latest file at the bottom and instructionsandbackgroundsof
olderfilesatthetopofthecabinet. facts
(arrangedaccordingtoyear) o Summaryofyourviews
o Reasoning
o Keepanalysisshortandclear
o Bemeasuredinwhatyoucited.

Write to inform and NOT to

impress.

b.Folder
In each folder, it must be divided
3.Diary
intoseveralsections.
1diaryforeachlawyerand1main
E.g: Correspondence, pleadings,
diaryforthefirm.
documents, drafts, billing and
Thecontentsofthese diariesmust
vouchers,authorities.
betally.
All filing should be done
chronologically,inaccordancewith
ImportanceofDiary:
thedateitwassentandthedateit
o Can keep all appointments and
wasreceived.
court engagements in a well
AtthecoverpageofthefileMust
manageddiarysothatnoone
statesminutesandnotesorcurrent
missedanyappointments.
progressofthefile.
o Reviewiteachdaysothatyou
arenottakenbysurprise
i.InternalDocuments
o Looknotonlyatwhatthediary
o Minutesheet
has in store for you the
o Notetofile
following day, but also note
o Telephone memo Details of
what is scheduled for the
thepersonyoucalledandtheir
following week so you can
statement.
prepare anything necessary
o Memorandum
early.

FarahFarhanaHassan
 4.KIVsystem
Represents work in progress to be
reviewedeverymonth
ShouldalsobeenteredintheKIV
diary and vetted accordingly to
avoidsleepingonthefiles.
E.g: Especially on conveyancing
matters where conveyancing has a
lotofprocedures.
5.Deadlines
Learntokeepstrictdeadlines.
Dont get into the habit of asking
forextensionsoftime.
E.g: Must keep up with the
timeframe/deadlineofprocedureof
conveyancingprocedures.
E.g:Form34Needtobelodged
after 30 days after the date of
creation or after property being
charged.
E.g:SPAorLoanAgreementneed
to be stamped within 30 days of
their execution. If not then
penalty.
6.Confidentiality
Rule35ofLPA(P&E)R1978
Lawyers shall refrain from any action
wherebyforhispersonalbenefitorgain,
he abuses or take advantage of the
confidencereposedinhimbytheclient.
Lawyers shall preserve his clients
confidence and this duty outlasts his
employment.
PrinceJefriBolkiahvKPMG(afirm)
1991
Facts:
Prince Jefri, the brother of the Sultan of
Brunei, brought a case in the High Court
against the accountancy firm, KPMG. The
actionarosebecauseKPMGwascarryingout
FarahFarhanaHassan
an investigation for the Brunei Investment
Agency (BIA) into its affairs, including
investigations into certain dealings in which
thePrincemayhavebeeninvolved(thePrince
had,atonetime,beentheheadoftheBIA).
KPMGhadpreviouslyactedforthePrincein
1996onaseparatematterandthePrincefelt
that information concerning his personal
finances gathered by KPMG in 1996 could
leakouttothosecontemplatingactionagainst
him in this current case. He sought an
injunctiontopreventKPMGfromcontinuing
workontheBIAinvestigation.
Held:
On the facts of the case, KPMG had not
shownthattheycanprovidetheprotectionto
which the Prince is entitled to ensure no
confidential information is disclosed and so
the injunction should be granted to prevent
further work on the BIA investigation yet
allowingKPMGtocontinueitsauditfunction
fortheBIA.
KochShippingIncvRichardsButler
2002
Theclaimantsinanarbitrationsoughtorders
withregardtoasolicitorwhohadmovedto
the opponents firm of solicitors, but who
came with privileged knowledge of the
claimants business dealings. She offered
undertakings,buttheclaimantviewedtheseas
inadequate.Therespondentfirmofsolicitors
appealed an order to withdraw from the
action.
TheCourtofAppealdischargedaninjunction
restraininghernewfirmfromactingforthe
claimant in the arbitration action, since it
concluded that the risk of her disclosing
confidentialinformationwasfanciful.
RakusenvEllisMunday&Clarke1912
The facts of that case were unusual. It
concernedasmallfirmofsolicitorswithonly
twopartnerswhocarriedonwhatamountedto
separatepractices,eachwithhisownclients,
withoutanyknowledgeoftheother'sclients
andwiththeexclusiveservicesofsomeofthe
clerks. The plaintiff consulted one of the
partners in relation to a contentious matter.
Afterhehadterminatedhisretainer,theother
partner,whohadnevermettheplaintiffand
was not aware that he had consulted his
partner,wasretainedbythepartyoppositein
thesamematter.
TheCourtofAppealfoundthattherewasno
riskofdisclosureofconfidentialinformation
anddischargedtheinjunction.
PrincipleTheinjunctionwasrefused.There
was no general rule that a solicitor, having
acted for some person either before or after
litigationcouldnotactfortheoppositeside.
Each case depends upon its own facts. The
court must be satisfied in each case that
mischief would result from the solicitor
acting,forthenewclientbeforeaninjunction
wouldbegranted.
*ChallengedbyPrinceJefriscase
This was challenged by counsel for Prince
Jefri,whocontendedforanabsoluterule,such
as that adopted in the United States, which
precludes a solicitor or his firm altogether
from acting for a client with an interest
adversetothatoftheformerclientinthesame
or a connected matter. In the course of
argument,however,hemodifiedhisposition,
acceptingthattherewasnogroundonwhich
thecourtcouldproperlyinterveneunlesstwo
conditionsweresatisfied:(i)thatthesolicitor
wasinpossessionofinformationwhichwas
confidentialtotheformerclientand (ii) that
suchinformationwasormightberelevantto
thematteronwhichhewasinstructedbythe
FarahFarhanaHassan
second client. This makes the possession of
relevant confidential information the test of
whatiscomprehendedwithintheexpression
"the same or a connected matter." On this
footingtheCourt'sinterventionisfoundednot
ontheavoidanceofanyperceptionofpossible
impropriety but on the protection of
confidentialinformation.
7.Accounts
Disbursementsandclientsaccount
Masterfilewithaccountsclerk
Individual file to have copies of all
receipts,bills,vouchers
RegisteredasClosedFile&Stored
8.ClosingaFile
BarCouncilRulings14.08Clients
Files
(1)AnAdvocateandSolicitormayproceedto
closeaclientsfileafterhe/shehasfinished
theworkandtheclienthassettledthebill.
(2)Whenafileisclosed,theclientisentitled
to receive the original cause papers, the
originals or file copy of all correspondence
(including those between lawyers and court)
and all original or stamped copies of
documentsexecutedbyhim/her.
BarCouncilRulings18.01Guidelines
forDisposalofFiles
Thereisnohardandfastrulegoverningthe
period for retention of files by Solicitors
beforedestruction.However,theBarCouncil
recommendsthefollowingguidelines:
(a)Conveyancingfiles12years;
(b)Litigation:
(i)Generallitigation6years;
 (ii) Unenforced judgment 2 years a.Defects
fromdateofjudgment; Defectsmeansmakinganymistakesof
conduct.
(c)Probateandadministration12years; Mistakes that require additional time,
(d)Familymatters6years; resources,andmoneytofix.
(e)Generalmatters6years. Forexample;
Client asks to send Notice of
Demand, but lawyers did not
9.AuthoritytoSign senditFailuretocomplywith
reasonablerequestoftheclient.
Missedthedeadline/timeframe
BarCouncilRulings14.02Signingof A clients interest can be
Letters adversely affected by the
(1) Subject to paragraphs (2), (2a) and (3) of this passageoftimeorthechangein
Ruling, all letters, correspondence or communications conditions.
issued or sent out on a law firms letterhead must be
signed by an Advocate and Solicitor having a current Overlooks a statute of
practising certificate. In particular but without limitations The clients legal
affecting the generality of the foregoing, it is
improper to issue or send an unsigned demand positionmaybedestroyed.
notice (whether computer-generated or otherwise). Redraftingdocumentssomany
(2) Any letter, correspondence or other
timeWastetime
communication which is purely administrative in Send the documents to wrong
nature and does not contain any advice on law, may address
be signed by a duly authorised person other than an
Advocate and Solicitor. The name and designation of
the signatory shall be stated below the signature.
b.Overproduction
(2a) Computer-generated reminders in respect of
unpaid bills need not be signed.
Overproduction means that, doing
somethingwhichisnotnecessary.For
(3) All correspondence from an Advocate and examples;
Solicitor or his/her office shall bear the complete
postal address for service, as well as the telephone Employ too many staff to
and facsimile numbers of the principal office and if concentrate on a particular
such correspondence is from a branch office, the
complete postal address as well as the telephone and
matter
facsimile numbers of that branch office. Make too many copies of
(4) A duly authorised person may sign receipts on
document.
behalf of the firm.

To Build a Better c.Waiting

Law Office
1. Eliminate Waste
Ifitdoesnotaddvalue,itisawaste.
There are 8 deadly waste that killing
yourproductivity,profitsandmorale.
8DeadlyWastes
Waitingcontributestofactorsofpoor
timemanagementbecausetheclockis
notwaitingforanyone.Forexamples;
Waiting to scan/photocopy
documentsWastingoftime,as
you can do other works first
whilewaitingforthedocuments
tobeready.
Waitingforsomeoneelsetodoa
particular work for you, at the

FarahFarhanaHassan
 end,noonedoit,thenyouhave
to do it yourself wasting of
timeasyoucandoitearlier.
Waitingforthecomputer/wifito
functioning.
d.NonutilisedTalent
Nonutilised talent means that, talent
that is not recognized or you
recognizeditbutyoudonotpractically
useit.Forexamples;
Notexposethetalenttoother
Supervisor then appoint
someone else to do things that
areyourexpertise.
Notteaching/trainingthestaffof
the talent/skill that you have
mostlyhappenwhenthelawyers
afraid that the staff will go to
otherfirmswhenhe/shealready
knowtheskill.
e.Transportation
Transportation means that any
unnecessarymovement.Forexamples;
Charge on travelling where
actually you can send it by
emailsorfax.
When only 1 lawyer is enough
tohandlecasesincourt,noneed
forotherstofollow.
f.Motion
Meaning that, movement which does
notgivevalue.
People, information or equipment
making unnecessary motion due to
workspacelayout,ergonomicissuesor
searchingformisplaceditems
Forexamples;
Lookingforfile
FarahFarhanaHassan
Ifyourofficeisbig,alwaysuse
theeasiestandfastestpassageto
arriveatyourdestination.(toilet,
pantry)
Isolatedphotocopymachinesor
others.
g.ExtraProcessing
Extraprocessing means that,
somethingthataddcosttothefee.For
examples;
HighDisbursementClientwill
alwayscomparedisbursementof
yourfirmandotherfirm
Buy folder, notebooks, etc
whichareexpensive.
Printnonfinalizeddocumentsin
anoriginalA4paperoronletter
head Waste of paper and
moneyasyoucanprintthenon
finalized documents on a draft
papers.
h.Inventory
Inventoryorinformationthatissitting
idle(notbeingprocessed).
The more idle time there is in
production or service of delivery, the
greaterthewastagecosts.
Filesanddocumentswaitingto
beprocessed.
2. Good Referencing System
Apart from putting and arranged the
filetidilyinthecabinets.
Anothersteptoimproveisbyputting
allthecasesanditsrelevantdocuments
inasoftwaresystem
 JDrive: all the cases and its
relevant documents such as
letters, IC no. and etc were
addedintotheJdrivewhereyou
can look into the file case by
using your computer and no
needtofliponthethickfile.
Everyone in the office can
browseit,addoreditit.
3. File Review
Its when the lawyers gather together
andlookatthefilewhichisimportant,
thenkeepthefileuptodateandwrite
whatsupposedtodonext.
E.g: The next date to go to court to
apply for the date to retrieve a car
underhirepurchaseagreement.
Thisfilereviewshouldbeheldoncea
week.
4. Knowledge Sharing Session
Its when the lawyers and partners
gathertogether,andonelawyerwillbe
presentinganytopicsorscopeoflaw
thathe/shewants.
This is when litigation lawyers may
gain some knowledge about
conveyancingandviceversa.
5. Build a team you trust, and do
it early
FarahFarhanaHassan
Dont hire an employee to fill a
position.
Employapersontobepartofateam
thatwillhelpyoutobuildthebusiness.
6. Strengthen connections with
existing client
Callclients,justtosayhelloandcheck
howthingsaregoing.
Even though if the clients case was
settled,hemightintroduceus(firm)to
otherpeople.
Itwillaffectthefirmsreputation.
7. Training Program
Sending lawyers to law programs, so
that lawyers know all the current
issues. This is because, law is not
constant, it can be amended and
changed.
Sending staffs to programs that can
develop their skills in completing the
works. Example, how to open a file.
Whatmusttheydofirst.
8. Program Beyond the Office
Professionalandintellectualwellbeing
can be enhanced by a consistent
programofexerciseandhealthcare.
Vacationorbreaksinworkhelpmental
health.
Sportsactivitiescanbetherapeutic.
After doing these activities, lawyers
and staffs will be more energetic to
accomplishtheirtasks.
Thiswillmakeahappieremployees.