What, how & why

Lawyering

As a junior lawyer, you would be told 𝒘𝒉𝒂𝒕 to do. Carrying out tasks requested by your employer/clients/ colleagues is part of the job.

If you have good colleagues, you would be guided on 𝒉𝒐𝒘 to do the work. You may get helpful information on what issues to look out for, where to find precedents, etc.

You know you have really good colleagues when you are told 𝒘𝒉𝒚 you are asked to do something i.e. the rationale behind the tasks.

For example, the reason why you need to check register of members to verify shareholding in a company instead of relying on a company search from the Companies Commission of Malaysia (“CCM”) is because the Companies Act 2016 provides that the register of members is prima facie evidence that legal title to the share is vested in the person named in the register. CCM search may not reflect the latest shareholding if the relevant statutory forms have not been lodged with the CCM.

Sometimes the person who asks you to do something may have forgotten what it was like to be a novice in drafting an agreement, doing due diligence, etc.

Asking relevant questions after reading the documents for the file would be helpful in such instance.

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This post was originally posted on Linkedin on 4 March 2022.

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