Most of us started with a dream: freedom, unlimited potential, and keeping all the money.
Then reality hit.
This week, the Kelantan Bar Committee hosted a talk by Mr. Jayabalan on “STILL STANDING: Small Firm Stories, Challenges & Solutions.” It wasn’t just another CPD session. It was a masterclass in survival.
For those of us running firms with ≤5 lawyers (that’s 70% of us), here are the 8 brutally honest lessons that stopped me mid-scroll:
1. Client Management (The “Anak Guam” Reality Check)
· Your client is not your friend. They are a potential enemy who can sue you.
· Golden rule: Always have a Warrant to Act in writing. Fees, scope, everything. You don’t need a happy client. You need a satisfied one.
2. Financial Management
· Stop competing on salary. You’ll lose.
· But here’s the hack: Group Law Practice. 7 firms, one building. Share staff, machines, subscriptions. The rules allow it.
3. Fees Recovery (Stop Undercutting!)
· Contingency fees? Illegal. Conditional/Success fees? Different story.
· Charge high upfront. Court limits have gone up 4x (RM1mil for Sessions Court now).
· And please—fix an appointment for consultations. Stop giving free advice over the phone.
4. Staff Management
· Hire for adaptability. School leavers are teachable.
5. Succession Planning (The Dark Truth)
· If you’re a Sole Proprietor and you die or become incapacitated? The Bar Council will step in. They act like a liquidator.
· Groom a successor. Or go into partnership.
6. Risk Management
· You can be sued for negligence. Or face criminal charges.
· Conveyancing checklist? Already available at the Bar Council. Use it.
7. Market Positioning (The Gossip Rule)
· “Gossip runs faster than any advertisement.”
· Don’t say “expertise.” Say “specialized in.”
· NEW RULE (Legal Profession Publicity Rules 2025, eff 1.1.2026): Liberalised publicity is here! Billboards are fine. Just don’t compare fees with other lawyers or mislead.
8. Mental Health
· Suicidal tendency is high in this profession.
· Bar Council gives 5 free, confidential counselling sessions. Use them.
Final gut punch from Mr. Jayabalan:
“It does not mean that his only access to justice is through me.”
You are allowed to say NO. You are allowed to discharge yourself. Don’t be too nice.
Mr Jayabalan Raman Kutty, thank you for this. Truly mindblowing.
