CALR

Collective of Applied Law & Legal Realism

CALR

Collective of Applied Law & Legal Realism

NEWSFLASH:
THE PROS AND CONS OF DRAFTING DOCUMENTS WITHOUT LAWYERS

THE STAR DAILY 13 JULY 2015

PETALING JAYA: There are pros and cons to do-it-yourself legal procedures, says the Federation of Malaysian Consumer Associations.

Fomca president Datuk Marimu­thu Nadason (pic) welcomes Bon Advocates’s efforts to educate the public, describing it as a “noble” attempt.

However, he said consumers had to consider several factors before trying to sort out legal matters on their own.

“Normally, a law firm is acting on your behalf.

“When something goes wrong, you can always complain to the Bar Council that the firm has done a lousy job,” said Marimuthu.

The sale and purchase agreement when buying a property, according to him, was not as straight forward as an agreement to rent a house, which is commonly done without the purview of a lawyer.

“But to buy a house, you need to get housing loan from a bank. There are many factors involved in the S&P agreement.

“If we want to do it ourselves, where is the basis for us to act?” he asked.

He advised that consumers who wished to draft their own agreements needed to arm themselves with sufficient knowledge lest they were taken advantage of because of ignorance.

Bank executive Lim Kean Kean, 25, is glad that she can avoid potentially expensive legal fees.

“If I want to buy a house, I can just draft my own S&P agreement and pay only the stamp duty. It will definitely be cheaper,” she said.

Lim added that she would compare notes to those who have attempted to draft their own agreement before doing so on her own.

Account associate Goh Teck Hoe, 26, however, is apprehensive at doing it by himself.

“I’m a bit sceptical. I will get my lawyer friend to review it even if I want to write my own will,” he said.

Goh pointed out that he would rather pay a lawyer to get it right for fear of issues arising because of mistakes made in how the document was worded.

“Some expenses are just not worth saving,” he said.

In Penang, engineer Law Khim Ming said it was beneficial if the public were allowed to perform simple legal procedures on their own.

The 50-year-old said he had to spend quite a lot of money on legal fees to draw his will and S&P agreement in the past.

“Now, I may opt to do the necessary legal procedures on my own.”