Do you have a Will? If not, we tell you why you need one!

This article is contributed by Nicole Yeoh, in chambers of Voonslegal. Why you need a Will? You may often hear people asking “Hey! Do you have a Will?” And the immediateresponse would be “Why I need a Will?”, “I am fit and healthy now. I do not need one at the moment. I am not rich and so I do not need to write a Will.” The conversation may not stop there. In present days, there are many people out there who do not know the importance and the need of making a Will. Some may think that it is a taboo to make a Will. The advice is, no matter whether you are rich or poor a Will is a very important document to protect your estate and to ensure that your property shall not fall into the hands of those whom you don’t want to benefit. Then, what is a Will? Under the Wills Act 1959, a Will is a declaration that states and shows the intention and instructions of a testator to give legal effect to his property or other matters which he desires to be carried into effect after his death. Upon death, the property of […] read more

How, and How Much, Do Lawyers Charge?

Most often than not when a client walked into a lawyer’s office he would first of all ask the lawyer how much he should pay the lawyer for a certain work to be done even without first giving an opportunity for the lawyer to assess the legal problem the client was facing. A lawyer may not be able to off-hand quote a fee without a proper understanding of the legal problem that the client is facing. Therefore, a lawyer will not be able to quote a proper fee when client ask by phone. The best thing is to see the lawyer personally. Before quoting a fee for a particular work asked by the client the lawyer has to consider a number of factors such as: The nature of legal problem the client is facing, whether it is about debt matters, personal injury claims, land disputes, hire –purchase, criminal charges etc., The length of time needed to resolve the legal problem faced by the client; Whether there is a need to file legal proceedings, defence and or counterclaim in court; The importance of the case to the client; The complexity or novelty of the legal matter under consideration. How much you […] read more

In Defence of Alleged Criminal

“To the criminal defense lawyers of this nation: who fearlessly tread into hostile courtrooms, armed only with their briefcases and their native wit; who turn the Bill of Rights from an abstraction into a reality; who protect the rights and privileges that keep us a free people; who fearlessly fight against a federal government that has become the enemy of individual liberty; and who valiantly attempt to stem the steady erosion of our civil rights by a growing number of uncaring judges” -Roy Black- ROLE OF A DEFENCE LAWYER When a lawyer defends a client, those who are unfamiliar with the novel role of the lawyer will say that the lawyer was not doing justice to the victim and his family by defending him. Some may go round to say that the lawyer was after money only and don’t care about the sufferings of the victim and his family will undergo if the accused is not convicted. Flipping the other side of the coin, how many realize that there were many that had been convicted and sentenced to long jail terms or face death penalties due to wrong convictions caused by wrong assessment of evidence by judges? In a Malaysian […] read more

Power of PP To Prosecute and How To Avoid Being Prosecuted!

DECISION TO PROSECUTE The public prosecutor under Article 145 of the Federal Constitution has vast discretionary power to institute, conduct and to discontinue a criminal prosecution. By such vast power, the public prosecutor has a duty to weigh carefully and to consider all available evidence and the pros and cons of a case to be prosecuted. Prosecutions that are not well founded in law and in fact, or which do not serve the public interest may not be brought to court. On the other hand, the failure to effectively prosecute a meritorious case can also erode public confidence on the public prosecutor. Considerable care therefore, must be taken to ensure that the best decision should be made, but prosecutorial discretion cannot and should not be reduced to something like a mathematical formula where there is a clear and obvious answer. The whole policy in public prosecution should be to ensure objectively a fair prosecution, not simply to prosecute the guilty and to avoid prosecuting the innocent, but, rather that prosecutions should be initiated only in cases in which there is sufficient evidence and where prosecution is justified in the public interest. In order to come to a decision, the public […] read more

LEGALITY OF BARRICADES BARING ENTRY INTO DATARAN MERDEKA

We think the recent Phohibitory Order obtained by the Bandaraya against the organizer and participants of Bersih 3.0 is illegal, or at least improper for four reasons: (1) Procedure for Obtaining Prohibitory Order is Incorrect Was the procedure taken by the Bandaraya for a court order to be issued to bar the Bersih 3.0 participants or by members of the public to enter Dataran Merdeka in a recent assembly correct and proper in law by Ex-Parte Application to the High Court? If it was true that the Prohibitory Order was obtained as a result of an Ex-Parte Summons to bar Bersih 3.0 participants and or members of the public to enter Dataran Merdeka during the Bersih 3.0 organized assembly, then, it would be arguable that the procedure taken was improper and unjustified, especially, when the Bandaraya had notice or knew that an assembly had been organized by Bersih 3.0 and the organizers are known to the Bandaraya, then, there is no reason that the application was not by Inter-Parte Summons. (2) Deprived of Right To Be Heard By going Ex-Parte, if this was done, in the circumstances had deprived the right of Bersih 3.0 organisers the right to be heard, […] read more

What You Should Know in Remand Proceedings

An Article by Nicole Yeoh Have you read on our previous post on “ARE YOU BEING ARRESTED?” If you do, you will be able to get a clearer picture on today’s topic! Police can arrest either with warrant or without warrant. An arrest without a warrant can be effected on a person when a seizable offence has been committed by him or that the person has been concerned in a seizable offence. The arrest must be based on reasonable complaint or credible information or on reasonable suspicion. What amounts to a reasonable complaint or credible information or reasonable suspicion depends of facts of each case. After being arrested, the police officer may wish to remand you for further investigation. Under Section 28 of the Criminal Procedure Code (hereafter “CPC”), a person put under arrest must without any unnecessary delay be brought before a Magistrate. You may be detained by the police officer pending being brought to see a magistrate but within 24 hours, excluding the period of journey from the place of arrest to the magistrate. Section 28A CPC is a newly inserted provision to allow you, soon after arrest, to contact your lawyer to defend you and a relative or friend to […] read more