“Interim Payment (“IP Application”)
1. What if you didn’t have to wait for a court judgment to get the money you’re owed? Sounds too good to be true, right? 2. Let me give you a little-known legal hack – “Interim Payment (“IP Application”), to unlock cash flow while your case is still in play. 3. I’m not going to dive into complicated legal cases or quotes by judges. Clients usually want to know one thing: “How do I get my money back?” My answer is simple: if you’re looking for quick relief, an IP application might be your best bet. 4. When a client sues someone who owes them money, the main goal is usually to get that money back. Sure, you might also want to teach the debtor a lesson or two about paying debts, but mostly, you’re frustrated because the debtor refused to pay for services or goods provided. As a lawyer, I’d agree: the client has every right to want their money back. 5. Now, let’s talk about a quick way you can try to get your money while the lawsuit is still ongoing. This is where the IP Application comes in. Under the Rules of Court 2012, a Plaintiff (the claimant aka YOU) can apply to the court for a temporary payment from the defendant, while the case is still being decided. But remember, this payment is temporary, and the defendant (the debtor) might have to pay it back later. To get the IP, the Plaintiff needs to meet certain requirements. 6. One thing the Plaintiff needs to prove is that they’re facing financial hardship because of the delay in getting the money they’re owed. They need this quick relief to help them get by until the case is settled. 7. An IP application isn’t just for personal injury claims. It can also be used in cases like:(a) Contract disputes(b) Wrongful death(c) Product liability(d) Wrongful dismissal(e) Property damage(f) Misappropriation of funds(g) Trespassing on land 8. I hope that the short writeup above gives a better insight into the intricate world of ROC. For any questions and/or potential engagements, do drop me an email at kelvin@llml.com.my.
LITIGATOR, BUT CONTRACT NEGOTIATION WORK?
1. Can a litigator lead a contract negotiation? Isn’t that beyond my usual scope of work? 2. It turns out, with enough effort, understanding of the industry, awareness of your client’s needs, and standing firm when necessary, it’s entirely possible. 3. Recently, I represented a corporate client wanting to rent a factory premise. The Landlord’s lawyers, clearly thinking this was going to be a walk in the park, drafted the Tenancy Agreement (“TA”) and expected everyone to sign it without a fuss. Boy, how wrong they were. 4. Enter yours truly. I stepped in, reviewed the very lopsided TA (no surprise there), and said, “NOPE”. With the help of the Tenant’s brilliant daughter, who gave many a brilliant idea during the negotiation. We somehow managed to turn the negotiation around. Sure, there were compromises — some wins, some losses — but hey, that’s life. 5. One of the proudest moments in my legal career. Ironically, it was this piece of contract review & negotiation work. Not litigation. 6. Feel free to reach out for questions or engagements.
5th Year at the Bar
1. Today the 9th of August 2024 marks my 5th year at the Bar (or rather my 5th anniversary of being called to the Bar). So much has happened in the span of these 5 years, both professionally and personally, but these are stories for another day. 2. As a starter and in auguring my career, I am (and will always be) grateful to Mr Mian Kuang Chen of Messrs M.K. Chen & Leong and my former colleague Kian Seng Low for their mentorship & patience during the first 2 years of my legal practice. This I shall never forget. 3. The next phase would be my current setting – being Messrs Lewis Lim & Min Lee. I am grateful to both partners of the Firm, Mr Lewis Lim & Madam Boo Min Lee for the opportunity to continue my legal journey here (so to speak). To better days ahead! 4. Next and on a personal basis, to my parents who are my rock. I would not have made it this far without the both of you. I owe my life to you. So thank you, Pa & Mummy (even if you are not seeing this post). 5. Last and definitely not least – my girlfriend and partner, Dr Yivian Ho. The support you have rendered me throughout the course of our relationship has been nothing short of amazing. I cannot wait for the next phase of our lives together. NB: A picture taken with Justice Nordin Hassan of the KL High Court (His Lordship is now a judge at the Federal Court).