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Speaking at conferences to create visibility

Many lawyers think they just need to pay for membership and be searchable from as many directories as possible. To me, that's not enough. Sure, if you want clients to Google you for personal matters like divorce and property transactions, that might be a good strategy. But what if you want t

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Offer to settle without looking weak

Unfortunately some people think compromise is a sign of weakness, so I have to find other ways to invite them to negotiate. As a lawyer I usually use 2 methods: 🥕 Send both a demand and an offer together - I personally prefer to keep the letters separate to create the sense of choice. 👨‍⚖️ Ref

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Don't simply meet in the middle to get an agreement

There is always the temptation to end a dispute by offering to meet each other right in the middle. But this doesn't benefit anyone. Imagine if you wanted an orange to make juice, someone else wants it to make zest, but because the conversation gets no farther than "both of us want this

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Chief Justice: high attrition rate for young lawyers

This is nothing new. It has been a problem for a long time. In fact, this sounds like a not-so-bad statistic because I tracked my batch's attrition rate, and by our 5th year, only 25% remained. Despite years of publicising the issue, the profession somehow can't get rid of this problem.

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Give the other side a choice to create commitment

Many lawyers still do the old fashioned thing of sending a letter of demand and then waiting for time to expire before suing. I believe that making the other side choose whether to settle closes the case faster. My own practice is to send both a letter of demand and offer of amicable resolution

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Why is going to court expensive?

Imagine you are going on a long car ride. You have some idea of your destination and route, but you have no idea if there will be traffic police or accidents or obstacles. Will you be able to calculate your final fuel cost before setting out? Going to court is exactly like that: long and uncerta

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Forced mediation sounds like an oxymoron

Basically, it happened because the main contractor's lawyers refused to abide by their client's own contract. Naturally most people think mediation has to be completely voluntary. You have to agree to do it and you can withdraw your consent to do it anytime. The second half of the pre

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No, my favourite place is not the court room

It's the Singapore Mediation Centre. Although it has rooms in the Supreme Court, it's a separate organisation. It's also one of the reasons now I found sanity in legal practice. It's a place where I can find solutions without being limited to legal principles and past cases. I

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A shareholder dies. Where do the shares go?

Shares are assets that can be owned or transferred, so there are a few possibilities: 📝 They can be willed away to whoever the shareholder wants 🧑‍🧑‍🧒‍🧒 If there is no will, the surviving family members get it as per the Intestate Succession Act 🏤 The other shareholders may have the right to b

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AI is not replacing lawyers anytime soon

As long as AI functions like a search engine with no accountability, lawyers will still have work to do, and sometimes even more work to do. Nowadays it's quite common, as a lawyer, to receive all kinds of AI output from clients and prospects: 📚 Research on the law 💡"Advice" sugg

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Fine for using the wrong account!

In Singapore, most law firms need to maintain 2 bank accounts: a client account and an office account. (Mine doesn't because we charge everything on a fixed fee basis.) When lawyers receive money, they need to deposit it into the client account. Only when the client agrees (eg accepting a mo

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Filter out unsuitable business partners with these 6 questions

I see a lot of friends who form companies together, split roles and responsibilities and then split for real within 3 years for a variety of reasons. And it usually escalates into a fight over buyout because one person wants to exit but the rest won't return their capital or give them some l

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A contract is not just a formal document

I see a lot of people going through the motion of signing a contract, and I can tell because the contract has a lot of dead ends. What I mean is that many of the terms start prescribing a sequence of events and then suddenly stop partway. As an example of an incomplete share buyout clause: 1.

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Family businesses - watch out for trademark squatting!

A Malaysian company found out that their trademark had been registered in Singapore - but it wasn't done by someone they didn't know. They dug deeper and found out that the Singaporean applicant was a company owned by a son - but he hadn't informed them. This set off some alarm be

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Nice to have my work visible in public

📷 Image credit: Paradise Group Usually as a business lawyer, my work doesn't surface in public. But it's completely different when it comes to registering trademarks. When I got this assignment, I didn't know anything about the brand. Sometimes clients register and sit in the trad

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How to stop copycats

In e-commerce, you know you are suffering from success when you see another online shopfront imitating your branding. If the competing shopfront is based in Singapore, they could be liable under the tort of passing off. But things get tricky if they are based in other countries. It would be d

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Use a distinctive image for your trademark

This is not a joke - I met someone who put some clip art on his namecard as his business logo. He confessed when I said that the logo looked vaguely familiar. There is no way he could use it as his trademark when his business takes off - if the image is already in the public domain and availa

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Not all things given are gifts

The court decided that a man only passed some watches for his former son-in-law to wear, but not to keep. "But I thought he wanted to give them to me!" said the younger fellow. Too bad, the judge said. Whether it's a gift depends on the giver's intent and not the recipient&#3

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How to avoid rejection by IPOS

Most people know that once a trademark is registered, nobody else is supposed to use the same mark. When it comes to "similar" trademarks, that's when the risk of IPOS rejection becomes a bit fuzzy. How does IPOS assess similarity? 👀 Whether the marks share common visual elements li

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No need to name your business and company the same thing!

Sometimes I get this question: can I register my company name as a trademark? Sure you can, but you don't have to. The purpose of a trademark is to give your customers something easy to remember and associate with your business. Once you have a following, you want to guard against imitati

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BG the Business Lawyer

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boongan.ng

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Business lawyer for more than 10 years here to share knowledge and experience