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.
Employment Law Conference 2026
Employment Law Conference 2026 – shared a session with two other speakers on Transfers, Closures and Mergers – Handling Human Resources Effectively. A well organised and supported conference with plenty of other topics of interest to Industrial Law practitioners! Congratulations to the Industrial & Employment Law Committeee, the Co-Chairs and the Organising Committee!
Sharing Session on Key Issues in Civil Trials with UNISZA Law Students
A sharing session on 18.12.2025 with final year law students of Universiti Sultan Zainal Abidin, Terengganu, (UNISZA) on ‘Key Issues in Civil Trials’ – including adducing documentary proof, examination of witnesses, expert evidence and resolving conflicting versions at the trial; followed by introducing Jaya’s Civil Trial Handbook – Essential Practice and Procedure for Malaysian Courts.
Sharing Session at USIM Nilai
UNIVERSITI SAINS ISLAM MALAYSIA. Thanks for the opportunity for sharing experience and knowledge on examination of witnesses, document presentation and conducting trial with final year law students of Fakulti Syariah dan Undang-Undang of Universiti Sains Islam Malaysia (USIM) Nilai on 8 December. Great to be in the company of young law students enthusiastic about the law and the profession and answering their queries on the law and the Bar.
Moving the Call of Ms Kimberley: A Special Moment Before YA Dato’ Abdul Fareed
I had the privilege of moving the call for the pupil of Mr Hardip Singh, Ms Kimberley, today before High Court JC Dato’ Abdul Fareed. Quite unique experience, Mr Hardip was the senior associate in my master’s office when I was chambering and he used to bring me along for Court matters, explaining the Court routines. Now, I am moving his pupil’s call. Further, YA Dato’ Fareed was former President of the Bar and former colleague at the Bar Council.
Electing for Bar Council Elections 2026/2027
ANNOUNCEMENT. Bar Council election for the term 2026/2027 is now taking place. I am offering myself as a candidate. Hoping for opportunity from members to serve in the next term. I am candidate no. 18 in a contest of 40. Only the first 16 would be elected. Would be obliged for support from members of the Malaysian Bar. All the best to all candidates! Do return the ballot papers before the end of November. Please vote, vote wisely, tick max 16 candidates, and return the ballot timely. I am # candidate 18. My write up and track record below. I have been writing/posting about some candidates, whom I have worked with, do consider them as well.
JAYA’S CIVIL TRIAL HANDBOOK- ESSENTIAL PRACTICE & PROCEDURE FOR MALAYSIAN COURTS’ now available for sale.
The Handbook is my humble attempt for a concise quick reference, trial companion that one can quickly flip through for a refresher or a quick answer on issues commonly faced before, during, and post trial – especially for those in the early years of their practice, something I myself would have appreciated in my early years. As stated in the preface ‘If this handbook helps make your journey as a litigator even a little bit easier – or helps you feel a little more ready in court – then this book has done it’s job.’ Many thanks to all for your wishes and kind words since the Handbook was announced. Thank you for the support. Thank you to our 16th Chief Justice Tun Tengku Maimun for the kind foreword. You may have left but you will not be forgotten, Tun. Much appreciation to AsiaKnowledge Law Books for undertaking the publication and successfully bringing the Handbook to fruition. Finally, glad to have had the opportunity to present an early copy of the Handbook to the man who, along with my master, guided and shaped my interest in litigation from day one – Prof GS Nijar.
Retirement and farewell dinner for former Chief Justice Tun Tengku Maimun and President of the Court of Appeal Tan Sri Abang Iskandar.
Bar Council hosted retirement and farewell dinner for former Chief Justice Tun Tengku Maimun and President of the Court of Appeal Tan Sri Abang Iskandar. Independent judiciary adds strength to the nation. Independent judiciary is not difficult to reach, it is not a holy grail; it is a given. Just don’t let anyone or anything take it away, or chip it away. Source: https://www.linkedin.com/posts/jayabalan-raman-kutty-96b2a277_bar-council-hosted-retirement-and-farewell-activity-7364153045116452867-F5na?utm_source=share&utm_medium=member_desktop&rcm=ACoAAFW1KIQBfYAHtUF7xIsB4OpcWOwWEGAlOBg
National Conveyancing Conference 2025 – Elevating Conveyancing Practice
Opened by Chief Judge of Malaya. Given the opportunity to speak on the subject of ‘Expansion of Solicitors Duty in Conveyancing Practice’ along with Mr Andrew Wong, the doyen of the Conveyancing Bar – addressing recent case laws that have further expanded the (already) onerous duty on conveyancing solicitors in the face of fraudulent transactions and frauds. Source: https://www.linkedin.com/posts/jayabalan-raman-kutty-96b2a277_national-conveyancing-conference-2025-elevating-activity-7358060959787094017-3mnr?utm_source=share&utm_medium=member_desktop&rcm=ACoAAFW1KIQBfYAHtUF7xIsB4OpcWOwWEGAlOBg
