Lawyering

Managing Bill Collection in the Legal Profession

I’m glad someone is talking about this essential though not so glamorous side of legal practice—bill collection. Our payment term is 30 days, and I send periodic reminders if an invoice isn’t settled on time. No client has ever said, “Don’t worry, you can take more than 30 days to …

Lawyering

Being a corporate lawyer

Working on corporate transactions in a legal career can be pretty stressful. It’s often a race against time while ensuring accuracy in identifying material issues and drafting high-stakes provisions with clarity. Many lawyers have heard how a missing or misplaced comma can cost companies millions. Many late nights and weekends …

Lawyering

Be fair to lawyers

When I sent my car for repair, I paid a deposit for the mechanic to diagnose the issue. Once the issue was identified, I was provided with a fee quote. After agreeing to the fee quote, I was asked to pay 50% of the charges upfront before any further work …

Lawyering

Integrity in pricing

I attempted to negotiate a discount with my dentist only to be met with a firm response regarding their fixed price. The justification given was that the clinic had incurred expenses in acquiring equipment to enhance services provided and it’s the same price for everyone for the same services. I …

Lawyering

Lawyering: Focus on what’s within control

When conducting legal due diligence for M&A or other corporate exercises, despite thorough planning, I often find my team under time pressure. This is due to the narrow window between receiving the necessary information from the relevant parties and our delivery deadline. I’m often asked when we can provide our …

Lawyering

Manage workflow-don’t make others wait indefinitely

My colleague prevented me from inadvertently voting for “I prefer to work than going on the Firm’s trip”. Our Sports Committee sent an internal email to everyone at Tay & Partners to vote for our preferred destination for our firm’s annual trip. Failure to vote would be deemed as preferring …

Lawyering

Saying “No” to do better

I bought this book to seek solace during a period when I was up to my neck in running corporate transactions simultaneously, each with pressing deadlines. When working as part of a group of advisers for a mutual client’s corporate exercise, no adviser wants to be the one to drop …

Lawyering

Regulatory requirements for M&A in Malaysia

I find one of the most challenging aspects of an M&A transaction in Malaysia is the regulatory regime in which the target company operates. If the target company requires certain licences for its operations or operates within a regulated industry, the M&A process must take into account the relevant regulatory …

Lawyering

Dealing with ambiguities in law

One evening, feeling rather concerned, I walked into a colleague’s room in office to seek advice on an interpretation of licensing requirements. If you are familiar with the Malaysian regulatory landscape, you would understand that some licensing requirements are not laws that can be addressed solely through one’s experience and …

Company Law

Why should a company adopt a constitution?

In the context of an M&A transaction, why can’t shareholders solely rely on a shareholders’ agreement after completion of the transaction? Where there is more than one shareholder after completion, the next step after execution of a shareholders’ agreement is to either amend or adopt a constitution that is consistent …