Wan Amir Akram Bin Zainal Abdin
User Fresh Forumer
Posts: 1
Association of Legal Firms - 2009/12/30 07:16Hi All,
Several clients have asked me if there is/are such local legal firm(s) which is/are in association with foreign legal firms eg from UK or US. He had come across such legal firms in other foreign countries based on what he saw on their letterheads, but not in Malaysia.
My question: Are we allowed to have, and if we are, to put such a claim on our letterhead? What about association among local legal firms? Is it allowed? and if its is allowed, can such relationship be highlighted on our letterhead?
What is the stand of the Bar Council and the LPA in this situation?
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Tan Peek Guat
User Junior Forumer
Posts: 104
Re:Association of Legal Firms - 2010/01/08 11:53Dear Amir,
I'll suggest the 'amalgamation' of lawyers under some various 'core' firms - in the manner the Malaysian banks had been amalgamated into the present few that we have now in Malaysia - in order to enable all our lawyers to be able to face any potential unnecessary competition from local ones and also, from all those coming from abroad.
In this manner, each lawyer would be assured some basic subsistence for their sustenance. Also, there would be less competition, more unity and adherence to duty and responsibilities - in the true sense of those terms.
Regards.
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Ahmad Musthafi Bin Mohamad
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Posts: 2
Re:Association of Legal Firms - 2010/01/10 09:15I do not see any problem in association among local legal firms and freedom of association is guaranteed under the federal constitution unless it is against public order, morality. etc. as set out in article 10 of the federal constitution.
I do not see why the bar council should impose such a restriction, as such a resctirction would definitely ultra vires the federal constituition.
It would be better for smaller local law firm to establish a strategic alliance with another local law firm rather than setting up a partnership with seperate accounts among partners. Law firms can pull and share resources and expertise together and at the same time remain independent at the same time. That would save alot in terms of expenses and resources and lawyers can focus more on their legal service.
Ahmad Musthafi Mohamad
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Kiang Jau Sang
User Junior Forumer
Posts: 67
Re:Association of Legal Firms - 2010/01/11 13:43I totally support Ahmad Musthafi's view on this.
At this modern internet age and time, to restrict a law firm's association with another is disturbing.Kiang Jau Sang, P.J.K. Malacca Bar.
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Tan Peek Guat
User Junior Forumer
Posts: 104
Re:Association of Legal Firms - 2010/01/22 10:20Dear Kiang,
It is not a matter of restriction by any party.
It is the problem of whether /if some lesser firms choose to associate themselves with some more established ones, would these lesser ones be so accepted by the established firms?
If so, it would be good, reasonable and kind of all parties.
If not, the ultimate resultant segregation would be even more disappointing and detrimental to the many 'lesser' lawyers.
Regards.
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Charles Hector
User Junior Forumer
Posts: 174
Re:Association of Legal Firms - 2010/02/02 17:39Foreign law firms are coming in -- and the Malaysian Bar's position is that they should come as some sort of 'partnerships' with local firms. Of course, this is something that is within the capacity of the bigger law firms - but certainly not the smaller firms.
Association with law firms. This could mean my small firm knows some firm in Singapore or Korea, and we may want to list these 'friend's firm' as our associate firm.
Why? ***To help one another. Maybe some Korean company in Korea has some dealing with a law firm, and now he has some legal matters in Malaysia - and he will most likely come knocking the Malaysian law firm listed as an associate of the Korean firm he dealt with. It is the same as a lawyer receiving a call from a friend/ex-client/client who wants to know whether there is any law firm in Kota Baru he should engage for a matter in Kota Baru.
***It also improves the image of the said law firm. Why? because it knows law firms in other jurisdictions...
There really is no sharing of profits, etc that happens - most of the time, it ends up as just a reference....full stop.
This is something that smaller firms in Malaysia can do - it is also easier.
Maybe, the Bar should allow this kind of relationship between law firms here and in other jurisdictions. It is actually a listing of our friend's law firms in other countries... although the word 'associate' is used.
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Raymond Chu Hon Fai
User Fresh Forumer
Posts: 32
Re:Association of Legal Firms - 2010/02/04 07:42Just read about this topic. Wonder how the two Borneo States and a federal territory will response to this?
In my opinion, if there is a priority, then, the initiative to prioritise this issue will be from friends of the 'upper wind' states.
Hope to hear from friends abroad there.
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