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

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property4all
post Dec 7 2011, 12:01 AM

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Also, more importantly, what happens when there is dispute with the lawyers. Tips on dos and donts when dealing with lawyers.

I can start off by giving one advice: if you are hiring a lawyer, be prudent and call up the bar council to check if the lawyer has been issued a warning or fine in the past before. Simple enquiries will save you loads of hassle in the future.
property4all
post Dec 7 2011, 12:34 PM

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QUOTE(dariofoo @ Dec 7 2011, 12:41 AM)
Yes perhaps I can expand the link to the A&S Discip Board and share some tips on how to prepare for an official complaint. Good idea.

Dos and donts when dealing with lawyers? Lol. I wouldn't dare!  sweat.gif
Have you tried it,bro? As in calling up BC direct to find out a lawyer's discip record?  hmm.gif

What I know is that if you want to get some info on a particular lawyer [for example his BC number, his official address, etc], you need to pay some search fees. I doubt if a lawyer's disciplinary record can be obtained through a phone call to BC, but do feel free to prove me wrong if you have tried it.  nod.gif

I have included a link where one can check whether one's lawyer has been found guilty in disciplinary proceedings ("hall of shame"). But for that, one would have to read through it manually.

Thanks for the input  icon_rolleyes.gif
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Dario, you are right in that search fees are required. ANd you are also right in that their disciplinary record is not available for all to see, save for statutorily mandated notices of fines and penalities. My experience is from the PoV of a member of the bar. May be different. tongue.gif

However, the Bar would not have issues with complying with requests to search through public records on your behalf. For example, if you have difficulty navigating the website due to language difficulties, they would assist.

property4all
post Dec 7 2011, 04:38 PM

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QUOTE(jalsrix @ Dec 7 2011, 03:54 PM)
Nonsense! You only pay stamp duty when the valuation come back from govt.

I think you had better switch lawyer, if you want better lawyer, PM me.
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this is correct. the lawyer should be using the STAMPS system, meaning electronic assessment, before you pay any money to anyone. the lawyer is telling you nonsense.

http://www.hasil.gov.my/goindex.php?kump=2...1&unit=7&sequ=1


property4all
post Dec 7 2011, 10:59 PM

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QUOTE(k3v1n @ Dec 7 2011, 06:44 PM)
Means I only have to pay the lawyer 50% of the stamp duty right?
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If it is the adjudicated sum by the stamp office, yes. Wait for them to revert with the adjudicated sum first. Usually they will take about 5 days upon submission for adjudication process.

This post has been edited by property4all: Dec 7 2011, 11:00 PM
property4all
post Dec 7 2011, 11:10 PM

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QUOTE(irise.ufall @ Dec 7 2011, 07:02 PM)
Hi Dario, thanks for the clear explanation.  thumbup.gif  But, y u called me 'boss' r? I am not.  tongue.gif

Ok, back to the topic.

I hv told the lawyer i will bring the case to court and the owner was threatened and considering to change her mind.

However, i did not hear anything from the lawyer since then.

I would like to share with you some of my SPA lawyer's problems:
1) According to the SPA, the Completion Date (3+1 mths) shall start when the 2nd MOT is in favor of me.

On 22/09/11, the SPA lawyer advised that the Completion Date & Extended Completion Date shall fall on 12/12/2011 and 12/01/2012 respectively.
I refered to the email & sent her email to ask her for the evidence for the 2nd MOT, she NEVER reply. And she didnt send the original letter to my loan solicitor!
2) On 21/10/2011, the SPA lawyer emailed to me and said:
I was pissed-off and sent her email to ask her y she advised 2 different Completion Dates & Extended Completion Dates, AGAIN, SHE NEVER REPLY!! and She dares not to send out the original letter to my loan solicitor.
3) On 1 December 2011, the SPA lawyer said in her email that (fyi, same date at night, the SPA lawyer called me to tell me about the Owner's intention to cancel the deal):
My loan solicitor wrote to them officially to ask for all the B&W from her, she has not reply. So my Completion Date is not started yet since my loan solicitor has not received any B&W from the SPA lawyer.  shakehead.gif
Angel Dario  icon_question.gif , pls give me some advices. The SPA lawyer is playing all the tricks and didnt care much about her Client.

May i know:
1) Is email an valid evidence for me to lodge a complaint to the Bar Council? (She always CONFIRM many things in the emails but never send over the original cover letters, even my loan solicitor requested for it)
2) My fren asked me to request for a Performance Monitoring from the Bar Council. Does it work?
3) I doubt she has submitted the 2nd MOT for adjudication. Is there any way to check without going thru her?
4) How can she simply advised the Completion Date? and changed the Date at her wish? What can i do?
5) Pls give me some advices on dealing with Lawyer like this. Even my loan solicitor cant stand the SPA lawyer oledi.
Pls  icon_question.gif

Thanks  notworthy.gif
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I will let the expert Dario answer with better explanation, since he's the real pro, but my understanding is:

1) yes, you can lodge complaints using email correspondence.

2) Not sure if got such thing also hmm.gif usually if you lodge a complaint, if they deem it's sufficiently disconcerting, eh will issue a notice to the lawyer to explain himself

3) never tried this before, but you can call up Hasil hotline to ask them if you can check. After all the instrument out to have your name and IC on it ( it is technically YOUR document).

4) SPA should provide Completion date? What does it say? It appears quite clear to me. Of course lawyer cannot simply change the completion date!

5) simple. Tulis surat to her, threaten to complain to Bar Council. 80% of the time they will be scared shetless. If really cannot, write in to Bar Council. That's the best you can do. Once you report Liao, remember if she ask you to pull the report and let her settle it, DON'T. Insist that she settle your matters first, baru you withdraw the report.

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