Programme

OPENING ADDRESS

The Right Honourable Justice Tun Tengku Maimun binti Tuan Mat

Chief Justice, Federal Court of Malaysia


KEYNOTE ADDRESS

Yang Amat Mulia Tunku Zain Al-‘Abidin Ibni Tuanku Muhriz

Founding President, Institute for Democracy and Economic Affairs (“IDEAS”)

6TH RAJA AZIZ ADDRUSE MEMORIAL LECTURE

Cyrus Das

Past President, Malaysian Bar


We are continuously updating the programme – stay tuned!

Prospect and Viability of Small Firm Practice: Is Affiliation and Group Practice the Next Logical Step?

The post-COVID-19 world now presents a fresh set of challenges to small firms — reduced workstream and clients implementing their own costs-cutting measures, among others, are pushing small firms more than ever before to explore ways and means to reduce operating costs to remain viable financially. Along with this is also the need for small firms to increase their competency and capacity.

While few small firms are able to weather the storm and meet challenges on their own, a sizeable number of small firms — particularly sole proprietors and firms comprising just one or two lawyers, and which form the majority of law firms in the country — are finding it difficult to manage these challenges.

This begs the question of whether it is now an opportune time for small firms to consider more seriously the prospect of working together as a group or an affiliation to manage these challenges and to grow together. The Group Law Practice model under the Legal Profession (Group Law Practice) Rules 2018 which allows up to five small firms to share their offices and resources, is an attractive option towards this, and is an idea that small firms should seriously look into, in overcoming challenges in the face of adversity, post COVID-19.

R Jayabalan, Advocate and Solicitor, R Jayabalan; Chairperson, Bar Council Small Firms Practice Committee

Nahendran Navaratnam, Advocate and Solicitor, Navaratnam Chambers

Issac Chan, Barrister, Rede Chambers, Hong Kong

Lisa Sam Hui Min, Vice-President, Law Society of Singapore; Managing Partner, Lisa Sam & Company, Singapore

Allen Miranda Emmanuel, Co-Deputy Chairperson, Small Firms Practice Committee; Partner, Suraiya Arif, Miranda & Tan


Waqf: The Legal and Regulatory Framework Needed for Implementation

There is a saying that states that when we die, all good deeds come to an end, except three: (a) ongoing charity; (b) knowledge that benefits others; and (c) a righteous child who prays for his/her parents.

Charitable giving in Malaysia is not new. Malaysians are consistently ever willing to rally together to donate for a good cause, be it to assist war-torn countries, to feed the hungry, rebuild schools and orphanages, or even spread goodwill and joy for people to watch live World Cup football matches! Malaysians are very receptive to the mobilisation of resources for worthwhile causes, which is akin to waqf.

If this can be properly regulated through an organised, transparent and accountable framework, waqf could be a unique financial tool for sustainable development, particularly for ailing economies to meet their society’s multifaceted needs.

Can waqf be developed in this direction, given the legal and regulatory framework governing waqf in Malaysia today?

Mohd Bahroddin Badri, Shariah Specialist cum Head Shariah Advisory, ISRA Consulting

Umar Munshi, Founder, Ethis Global

Sharifah Shafika Alsagoff, Partner, Skrine


The Development of the Law on Discovery / e-Discovery Pre- and Post-Pandemic: A Comparative Analysis

Lawyers are familiar with the challenges of storing, identifying, and locating thousands of relevant documents for the purposes of discovery and disclosure in complex matters. It compounds the inherent cumbersome features or tediousness of litigation which has been aggravated by the pandemic. The amount of labour, time required, and expenses incurred are not only uneconomical but also impede efficiency.

The future is therefore in embracing the appropriate technological infrastructure. Jurisdictions such as Canada and the United Kingdom (“UK”) have made progress to facilitate this contemporary advancement. By contrast, Malaysia has been slow in understanding the fundamental nuances of discovery and disclosure in terms of contemporary global trends pertaining to disputes / litigation and the need to improvise to keep up.

Join this session where we will explore the available options (such as Nuix and ES Locate) and draw a comparative analysis between the laws and technologies that cater to this advancement in Malaysia, Canada, and the UK.

The Honourable Dato’ Mohd Arief Emran bin Arifin, Judicial Commissioner, High Court of Kuala Lumpur (NCVC 8)

R Rishi, Partner, Messrs Rosli Dahlan Saravana Partnership

Linda Misbah, Senior Project Manager, Alexander Holburn, Canada

Philip Richardson, Partner, Eversheds Sutherland, United Kingdom

 

Effective Advocacy — Exploring the Future

The COVID-19 pandemic has accelerated the acceptance and use of online and remote technology in the conduct of hearings and trials in all levels of courts in Malaysia and throughout the world.  This session will delve into what the immediate future holds for advocacy and the conduct of court matters.

The panellists — comprising judges and advocates — will discuss effective advocacy skills and techniques for this new environment. The session will also include a conversation on issues faced by junior lawyers in litigation and what can be done to develop and thrive in litigation.

The Honourable Justice Dato’ Mary Lim Thiam Suan, Judge, Federal Court

The Honourable Justice Datuk Vazeer Alam bin Mydin Meera, Judge, Court of Appeal

Raja Eileen Soraya, Chairperson, Bar Council Advocacy Training Committee; Partner, Raja, Darryl & Loh

Alan Wong Teck Wei, Partner, Zain Megat & Murad

Foo Joon Liang, Partner, Gan Partnership


We are continuously updating the programme – stay tuned!