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 Lawyer's Corner v2, One-stop centre for any legal queries

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Newcastle
post Sep 12 2012, 05:12 PM

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Dear Dariofoo,

1) Why does the UK judges wearing the white faked hair on his head during the trial? What does it mean? Any website I can go for me to search and read.

2) If my friend want to borrow from me RM100k, can I appoint a lawyer to draft me an agreement as evidence I lend him RM100k? What is the name of the agreement? In the agreement can I write a clause stating that failing to pay the installment I will take away his property and sell it.

This post has been edited by Newcastle: Sep 12 2012, 05:17 PM
Newcastle
post Sep 13 2012, 10:43 PM

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QUOTE(brianccg @ Sep 13 2012, 05:28 PM)
My banker not allow me to use the same SPA lawyer for loan agreement.  As I tot I appoint same lawyer for both SPA and loan agreement will be faster transaction. My point is will it be any potential delay in docs if I using two lawyer for SPA and loan?
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Recently the trend is like that.........I don't know why..........my banker also the same and same goes to my sister with different banker. Don't know what logical reason behind it.
Newcastle
post Sep 20 2012, 08:34 PM

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QUOTE(Bibimomochan @ Sep 19 2012, 06:35 PM)
Hi. I own a small designing company established 2 years ago.

Recently, I had the opportunity to work with a client who had a menu design job recommended by one of the friend. But, at the end of the project, they decided not to pay up. Yup, they decided that our designs were not “satisfactory” and “did not meet their expectations,” hence, nothing was given to us despite our late nights to rush and complete their job.

Throughout the whole 3 months they were either not picking up our calls, not responding to my emails or just plain avoiding us. I have all the email / SMS conversations and up front payments as proves of the project.

I have been advised by my friend to issue a legal letter for the action. But I was afraid if they even ignored my legal letter, what are the next step can I do?

Even if I bring this case to court, I was afraid the payment for lawyers is even expensive than my whole project's payment.

Please kindly advise.
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If I were to do business in Malaysia, is it wiser to do an agreement between me and my client before committing the project? I heard from a friend saying that an agreement is your "Bao Zhang" or guarantee and even a fast track for the court to process things. Example like Sale & Purchase Agreement. Fees and Expenses will be same like Conveyancing calculation am I right?

QUOTE(Bibimomochan @ Sep 20 2012, 10:12 PM)
My amount wasn't that much, but what really pissed me off is that this kind of businessman are taking advantages of the small company like us, especially in the field of designer.
bruce.gif
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Like that in reality, everybody with bad faith can bully small potato like Mr.Bibimomochan. As you know human doesn't have a standard moral and even they know it is wrong but they still do for the sake of love of $.


This post has been edited by Newcastle: Sep 21 2012, 05:50 AM
Newcastle
post Sep 28 2012, 01:38 AM

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Dear Lawyers Out There!

Would like to know why Malaysia Legal System or Court Room does not have any Jury like in the UK? Recently notice Teoh Beng Hock Trial in You Tube and other you tube recording in the Malaysia Court Room.

Beh Hiau Bo Kan..........I seek if anybody can give me answer.

This post has been edited by Newcastle: Sep 28 2012, 01:40 AM
Newcastle
post Sep 28 2012, 10:52 PM

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QUOTE(dariofoo @ Sep 28 2012, 11:56 AM)
Legal fees for your MOT is not scaled fees according to the SRO. It is a reasonable amount not less than RM300. The firm can charge anything they feel is reasonable
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1) Meaning my property is RM150k and legal fees Maximum RM1,500 Minimum RM300. Lawyers can charge within RM300 to RM1500 without infringing SRO 2006. Am I right?

2) In near future, I graduate and pass my CLP then 9 months chambering officially a lawyer. If my income as a lawyer is not satisfy, I choose to have another income or I would like to say a business to generate cashflow to me. So my question is does it affect ettiquette of a lawyer and image of the lawyer?

QUOTE(dariofoo @ Sep 28 2012, 12:00 PM)

Basically, now that the judge has ultimate power, the conviction rate for capital offences in Malaysia is very high. A lot of judges are now known as Hanging Judges because even if you have a good defence, they would sentence you to hang.

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3) Know Wonder Judge that I know is Anti Social, Strict and Respectful Person. What if the Judge being bribe by the defendant of the case? An Appeal for higher Court has to be done is it? Or request of Changing Judge.

Thanks.

This post has been edited by Newcastle: Oct 1 2012, 12:01 AM
Newcastle
post Oct 2 2012, 05:50 AM

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QUOTE(cutie rabbit @ Oct 1 2012, 05:09 PM)
Dear Sifu,

For the 50% discount on stamp duty when house price < RM350k. It is apply on the SPA stamp duty only or both SPA and loan stamp duty ?

TQ
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Sorry Mr.Foo, Not I am lazy..........Just cann't find the answer and since it is near Year 2013......Do next year have 50% rebate on stamp duty for first time house buyer in year 2013.
Newcastle
post Oct 2 2012, 11:40 PM

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Hi Mr.Foo,

After searching LAWYER CORNER and LAWYER CORNER V2, I haven't see anybody asking how much a Standard Normal WILL Cost? What is the range like? is it RM500 to RM1000?

Does a WILL include my EPF/KWSP and everything I have will pass it to beneficiary according to LAW.

Thanks.

This post has been edited by Newcastle: Oct 3 2012, 07:39 AM
Newcastle
post Oct 3 2012, 10:59 PM

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QUOTE(dariofoo @ Oct 3 2012, 12:07 PM)
Depends on how complicated it is - beneficiaries, properties, executors, trust deeds, other related matters.

Also depends on which law firm you go to - big, medium or small.

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Few years back ago, as I was working in a law firm and read a file that the customer sign infront of a lawyer and 2 withness. End up A piece of paper WILL and with a stamp on it. Looks like a simple WILL to me and the pricing plus amount of work doesn't impress me and felt unsecure looking at it if I plan to do it one day.
Newcastle
post Nov 3 2012, 05:26 AM

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deleted

This post has been edited by Newcastle: Nov 3 2012, 06:59 PM

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