Can I not make a stand?

For the past two weeks, the word on the street of Malaysia is the Bersih 2.0 which is the sequel to the Bersih demonstration which was organised in 2007. With the help of Wikipedia entry on Bersih 2007, it is done then to hand over a list of demand to our King, the Yang di-Pertuan Agung, considered as the highest authority in a democratic Malaysia. Some say, it was initially started by Hindraf, a group of the minority Indians who were demanding government to elevate their way of life for the better.

The rally was done through word of mouths and short messaging system which was the equivalent of Twitter in those days. Red herrings were used for the group to confuse the authority. The end result, due to the clashes between the protesters and the authority,  you can described the Bersih rally in 2007 in one word : Chaos. The end result they say is the biggest lost the Barisan Nasional government ever had in the General Election 2008.

That is what I know about Bersih (some which is there in the Wikipedia link and some from conversations I had with friends). And I did not participate. As I told my friends and on Twitter, what I remembered about the Bersih rally in 2007 is the joke being told in most of the show by Douglas Lim, a famous Malaysian comedian. It is the Malay and the Indians being the people in the rally but the Chinese couldn't be found as they are the one making money as they are the one selling the yellow t-shirts which were worn by the protesters that day.

And now they are going to do a Bersih 2.0 on 9th of July. Led by the former President of the Bar Council. From what I gather at the start, there was no political element. Just that the opposition was a part of it. Then it became a rallying point for the opposition. Then suddenly there was a road-show to gather support. Then it became global as similar rally is supposed to be done in New York (if I am not mistaken). It was like a Wow! How big can this thing go event. Will we see a Thailand type of revolution which does not go anywhere or like Egypt or Bahrain or Yemen? That is only the Bersih part of it. How about these other two opposing rally by Perkasa-led NGOs and UMNO Youth. Can someone say "Collision course"?

Or will the government managed to contain it? Interesting is the least descriptive word for anyone who is watching the event unfold on the sideline. They have remanded a bunch of people and they have just charged people with trying to restart the communist movement in Malaysia again. The word being used to charge them is "Waging war against the King" which was used once and resulted in an army-like Al-Mau'nah leaders to be hanged and imprisoned for life. The Prime Minister, the Deputy Prime Minister, the Internal Affairs Minister, the police and various people have issued warning and even issued threats to the rally organiser, to say the least.

People say as a lawyer, you need to be opinionated and you must fight for justice. Yes, that is what people expect a lawyer to be. I was a criminal lawyer once. It was during the most interesting time to in Malaysia politics. The firing of Anwar Ibrahim, the then Deputy Prime Minister and the supposed revolutions which comes after it. Hear the sarcasm in my words. I didn't involved myself in any of the street revolutions happening weekly then. So were most of my friends who are opinionated lawyers too living in Seremban. Although my then business partner was a member of the opposition. Although it was interesting to be there. And I am still a lawyer who considered lawyering as my profession. Am I a bad lawyer to not fight for a cause but just do my job?

So, I post this question on Twitter today : Can I support free speech but not #Bersih?

Here's my conversation on Twitter after I posted that question yesterday. I am using acronyms to protect the identity of all the tweeters who were conversing with me :

JL : Me too RT @kruel74: Can I support free speech but not #Bersih?

RF : Me too. I'm not supporting traffic jams + unnecessary bad press either. “@kruel74: Can I support free speech but not #Bersih?”

ML : @kruel74 isn't that the fundamental of democracy? We supporting what wr want to support?

SG :Yes, why not. I'm having a change of heart too about #Bersih. RT @kruel74: Can I support free speech but not #Bersih?
JZ : Interesting Q! RT @kruel74: Can I support free speech but not #Bersih?

S : @kruel74 but elections are not necessary clean so what are you doing about it?

LK : Free movement lah, boss. U dun support BERSIH's 8 requests, eg no corruption, clean elections, etc ?

RF :  XD Hence, the irony of "Bersih". Fighting something dirty with something that will cause a bigger mess.

S :  @kruel74 hmmm i always thought these inconveniences are to be suffered once in a while for the greater good :) :p

RF : @kruel74 Haha...wish they were well planned. Prefer a higher conspiracy of justice more than an annual show ;p

B : @kruel74 so how you think they should fight it so it will not turn into bigger mess?

S : @kruel74 hmmm i always thought these inconveniences are to be suffered once in a while for the greater good :) :p

B : @kruel74 I am alway wary of the 'greater good' part, depending on who, when, how it is said :P

CT : @kruel74 most of the time this "bigger mess" are police-led :D

RF :Takes two hands to clap :)

B : from what I experienced or watched in those rally clips, more like one hand forcing the other to clap

B : that is expected.

B : engaging each other despite some disagreements is a good sign of upholding free speech.

RF : Oh, the other hand clapped back, but it's not a desired response XD

B : hard to clap with unequal hands :P

RF : It's equal alright. Just not properly clapped XD

S : how it is equal? 1 of d hands definitely has more advantages. The body prefers it more to call d shot

B: This requires offline discussion la. Clearly 140 chars isn't enough.

R : i support free speech, n rights to assemble also. if police allow,sure no problem '@kruel74 Can I support free speech but not #Bersih' 

In between those conversation, I did inserted these conversations to probe further discussions :

@kruel74 : Just curious how free speech is wholehearted supported by some but selectively by others

@kruel74 I think fr this healthy discussion we can see there is a divide abt how change shud be made

@kruel74 : Online discourse is a start, logistically easy n more participants can join in or at least observe

The simple point I am to make here is that, some just think we already have a clean and fair election. Some think there's a problem with the system but marching around town is not the answer or the solution to repairing it. Some think we need to remind the government of the need to ensure a fair and just election. Some think that ballot boxes is the answer to the problem we are having and 2008 has shown the way by an unprecedented opposition wins over the government they can only dream about. Some just want it to be done and over with. Most actually to me are the silent majority which people keep on harping as the one who really matters.

Oh yes, this is also an opinion. Opinionated enough?

Property Transaction in Malaysia - Part 1

 

One of the most common question that I am usually asked is how long does a property transaction takes. There is no straight answer to this question as the answer depends on a few factors :-

1) Who do you buy the property from? - If your answer is from a housing developer, then the answer can be found in the Housing Development (Control and Licensing) Act 1966. In this Act, it has been decided long ago when it came into force, a housing developer has 2 years to complete a property which has a title (called landed property once) and 3 years to complete a property without title (narrowed to strata property only once). However, if you buy a secondhand property from another person (which can be a company or an individual), the transaction can be more complicated and take a timeframe of 3 months to more than one year. It will further be complicated if the transaction involves auction property and the auctioneer is a financial institution;

2) Are you buying the property in cash or financing it with a housing loan? - When you buy from a developer, you will be billed according to how much has the property being built. If you can pay in cash, you can budget the time and the amount that you need to release according to the progress of the property being built. If you are taking a housing loan, what you have to worry is the amount that you have borrowed is released according to the billing, in which if the timeframe of 21 days is not followed, you may be charged with interest;

3) What type is your property? - Despite the belief all properties are created equal, that is rarely the case even if the property is situated within the same area. A landed property with an individual title is different from a landed property without title. A strata property with title is different from a landed property with title. A property with title, with a requirement for a consent to transfer, is different from a property with title, without a requirement for a consent to transfer. Each type has its idiosyncrasies and laws which govern how each type of property is transferred from one party to another;

4) Where is your property situated? - In Malaysia, as each states govern their own land law, it makes all the differences if your property is situated in Selangor or Kelantan. If your property has a requirement where you need to get a consent to transfer from the state government when you want to transfer from one party to another, it will take longer in one state than another. In Selangor, there was one time where each land office has a different application form and not all application form are created the same;

5) Who is the lawyer handling your case? - Last and not least, although many may not believe it, the choice of lawyer is important. As I always have and will always do, I advise them to check each and every lawyer they are or will be dealing with the Bar Council which has an updated website to the very day a lawyer is suspended or struck of the roll. However, as each service given by each lawyer or legal firm is subjective, you can only hope the lawyers recommended by the housing developers or that cousin who opened up his or her own legal firm can serve you in your property legal need. Especially if you are buying property in the secondary market or from an auction;

These are just guidelines but in my 12 years of practice, are true to a certain extent. Am trying to put this list into my book with more details.

Growing through strategic partnership

This year mark another milestone of sort for our medium-size legal firm. We have add another strategic partner of sort to our fold. 

Syamsuriatina Ishak had been at the helm of her own legal firm Azmi & Co. for some time and we have been having a strategic alliance with her since 2009 where she was our counsel for files which needed an experience lawyer such as her as the lead. It was a good alliance and as she was running a solo operation, we have been asking her to join since we started the alliance.

Why we wanted her so much is due to the component that seems to be missing from our legal firm for quite some time. A litigation department which has a senior lawyer as its lead, a junior legal assistant, clerks and a system which can manage all the trappings of managing litigation files. We had it all except for the senior lawyer. I have left the litigation world and for now can only manage resources in legal firm better than anything else.

Syamsuriatina or Tina as she is better known is a senior lawyer who is very active in so many law organisation  like Selangor Bar Committee (where we first get to know her) and the Bar Council (as of now she is into her second term as a Bar Councilor). She has done so many cases in court and even has been part of legal team going to Federal Court. In short, she can stand on her own as an experienced litigation lawyer.

She did ask for some time as it is not easy for one to just close shop and join another institution just like that. So, we waited. And as of 1st January 2011, we now have Tina as another important component in our legal firm. She is the Head of our legal department and we hope with her addition our legal firm will soar to new heights (cliche, I know, but it doesn't make it any less something we want to achieve). Now, we can accept all type of litigation department without having to resort to pass to other legal firms.

As a 11 year old firm this coming September, we do realise we have to keep on growing one way or another. We may not be the perfect organisation or being in a perfect industry but we do think we contribute in our small way to the country as we have at any one time 15 people who depends on us to ensure they can take home their paycheck. We cannot fail them in any way as we have promised to keep employing them and pay them for what they are worth. A simple mission statement which every business should have, if you ask me.

My article in LoyarBurok.com

This article was written when we still had half a month before the Bar Council election was over. I was commenting on the year-in, year-out, same face, same offering of the Bar Council election being served up to the public. And why is Bar Council election should be more than any other normal professional association election as Bar Council has so many hands in so many pies especially those who can't find justice in the justice system.

What is 'LoyarBurok' is explained at the site and reproduced here :

"loyar burok" = noun, colloquialism: one who is full of hot air; one who enjoys to talk a lot about things that serve no useful purpose...

Am currently writing a few more articles for them and hoping to publish more.

Here was my article (it is in Bahasa Malaysia) :

Pemilihan Majlis Peguam: Kuasa Golongan Peguam Elitis Sukar Ditembusi

18 November, 2010

By Khairul Anuar Shaharudin

 

Sebelum saya dianggap ignoran (ada ke perkataan ni?) atau tidak faham bahasa, biar saya jelaskan bahawa saya sesungguhnya tahu yang pemilihan ke Majlis Peguam pada setiap tahun hanya boleh dilakukan oleh peguam dan bukannya orang awam.

Namun begitu, kepentingan Majlis Peguam telah berkembang dari setahun ke setahun sejak ia ditubuhkan sehinggakan ia bukan sahaja menjadi saluran untuk para peguam sahaja tetapi ia adalah tempat untuk orang awam mendapat keadilan apabila keadilan tidak dilayan oleh sistem yang ada.

Tanpa Majlis Peguam, mungkin tidak ada sesiapa yang akan memberi komentar kepada pelbagai undang-undang yang dibahas di dalam Parlimen atau melawan habis-habisan sebarang ketidakadilan yang berlaku di pelbagai segmen masyarakat di Malaysia.

Apakah sebenarnya peranan Majlis Peguam? Badan Peguam adalah satu badan yang ditubuhkan di bawah statut yang kini dikenali Akta Profesion Undang-Undang 1976.

Ia adalah badan berkecuali yang bertujuan menegakkan peraturan undang-undang dan keadilan serta melindungi profesion undang-undang dan orang awam. Semua peguam yang mempunyai sijil amalan guaman secara otomatik menjadi ahli biasa Badan Peguam. Di bawah Akta tersebut, Majlis Peguam mentadbir Badan Peguam.

Dalam kiraan terakhir Badan Peguam mempunyai lebih dari 13,000 orang ahli. Semua peguam-peguam ini layak mengundi dan menjadi calon ahli jawatankuasa Majlis Peguam.

Majlis Peguam mempunyai 36 ahli Majlis yang 12 darinya dipilih melalui pemilihan tahunan melalui undi pos yang diedarkan kepada semua ahli biasa Badan Peguam. 11 pula adalah Pengerusi Jawatankuasa Peguam Negeri-Negeri Semenanjung dan 11 wakil yang dipilih semasa pemilihan Jawatankuasa Peguam Negeri-Negeri Semenanjung. Dua lagi ahli Majlis adalah bekas Presiden dan bekas Naib Presiden tahun yang baru lalu.

Proses pemilihan Majlis adalah mudah di mana setiap ahli menerima sampul yang mengandungi biodata setiap calon yang layak dan kertas undi yang mempunyai nombor siri. Satu sampul yang telah ditaip alamat Majlis Peguam juga disertakan dan sesiapa yang mempunyai masa untuk melihat dan ingin mengundi hanya perlu memangkah kotak di sebelah nama-nama calon tersebut.

Secara amnya, ini semua amat mudah. Namun begitu, ahli biasa Majlis Peguam yang menghantar semula kertas undi yang telah diisi amatlah menyedihkan. Menurut Kempen Candidate Watch oleh Jawatankuasa Peguam-Peguam Muda Kuala Lumpur, hanya 23% dari 13,000 ahli Badan Peguam menghantar semula kertas undi mereka.

Ini sebenarnya amat memalukan untuk satu badan yang ingin pilihanraya umum diadakan dengan lebih bersih, menggalakkan demokrasi serta pemahaman perlembagaan yang lebih baik.

Bukankah jika mandat yang diterima oleh calon-calon dan akhirnya yang terpilih menjadi ahli Majlis Peguam adalah dari sekurang-kurangnya 50% dari ahli Badan Peguam, ia akan menunjukkan bahawa Majlis Peguam disokong kuat oleh ahlinya. Jika 100% atau lebih dari kadar keluar mengundi pilihanraya umum, itu akan menunjukkan satu perkembangan yang lebih baik! Ini nampaknya hilang di benak pemikiran peguam-peguam yang ada.

Namun begitu, peguam-peguam tidak boleh dipersalahkan secara total. Kebanyakan dari mereka terasa mereka dianaktirikan dengan program-program yang diadakan oleh Majlis Peguam sendiri. Walaupun Majlis Peguam menyatakan bahawa ia melindungi peguam, ia jarang diperlihatkan oleh tindakannya.

Kebanyakan peguam menganggap Majlis Peguam hanya mengawalselia insurans indemniti profesional dan sijil amalan guaman mereka. Selain dari itu, Majlis Peguam lebih bertindak sebagai polis kepada peguam dengan usaha mereka menangkap peguam yang bersalah dalam menyalahi pentadbiran wang pertaruhan atau dalam pemberian diskaun kepada anakguam mereka.

Hanya sejak dua, tiga tahun kebelakangan ini barulah Majlis Peguam mengadakan program pembelajaran seperti “Getting Started” dan pentadbiran pejabat peguam yang lebih efektif agar peguam-peguam sedar yang mereka mungkin pandai menjadi peguam tetapi belum tentu pandai mentadbir urus pejabat guaman yang mereka miliki.

Tidakkah Majlis Peguam sedar yang pencegahan adalah lebih baik dari penyembuhan?

Masih ramai peguam-peguam yang ingin berkhidmat tetapi merasakan Majlis Peguam dikuasai oleh golongan peguam elitis yang menyebabkan ia sukar ditembusi. Calon-calon yang menawar diri mereka sebagai ahli Majlis pada tahun ini pernah berada di dalam Majlis Peguam sejak mereka masih muda dan ada yang semenjak tahun 1980-an lagi!

Tidak adakah peguam-peguam muda yang sanggup mengorbankan masa dan melakukan kerja secara sukarela tanpa bayaran (peguam di dalam Majlis Peguam tidak dibenarkan dibayar elaun atau imbuhan kecuali elaun perjalanan). Mungkin inikah yang menjadi halangan untuk Majlis Peguam mempunyai nafas baru.

Atau adakah perjuangan mendapatkan keadilan untuk pelbagai lapisan masyarakat di Malaysia seperti orang asli, pesalah juvana dan pelarian politik dengan penubuhan pelbagai jawatankuasa dan jawatankuasa kecil yang banyak di bawah Majlis Peguam menyebabkan Majlis Peguam tidak mampu memberi perhatian yang adil di dalam usahanya mentadbir hal-ehwal peguam sambil memantau undang-undang dan kerajaan yang ada.

Saya tidak pernah mendengar rakan peguam saya yang dengan rela hati pergi ke Majlis Peguam apabila menghadapi masalah di dalam perniagaan atau pentadbiran kes anakguam mereka. Mereka akan lebih percaya nasihat rakan-rakan peguam mereka. Peguam juga mempunyai masalah terasa lebih pandai dari semua profesion yang wujud kerana hakikatnya peguam memang perlu pandai dalam semua bidang untuk menjadi peguam yang efektif.

Oleh itu, adakah pemilihan ahli Majlis Peguam penting untuk peguam dan masyarakat? Di zaman di mana tanggungjawab sosial korporat menjadi sebarang entiti korporat yang wujud di mana sahaja, tidak syak lagi, ia adalah penting.

Soalannya sekarang, kenapa susah sangat peguam hendak mengundi dan memilih siapa yang boleh mengetuai mereka. Peguam-peguam muda pernah menuntut agar dibenarkan menjadi ahli Majlis Peguam. Di manakah mereka? Dari 32 calon di tahun 2009, tahun ini hanya 26 calon sahaja yang menawar diri untuk dipilih.

Mana semangat sukarelawan peguam di Malaysia? Yang tidak bertanding kerana sebab tertentu telah menyatakan kenapa mereka berbuat demikian, tetapi yang tidak pernah menawar diri mereka langsung? Atau berada di dalam mana-mana jawatankuasa? Macamana nak jadi calon kalau tak pernah menjadi ahli jawatankuasa?

Ya, memang tidak mudah untuk menjadi apa jua di dalam apa jua badan terutama secara sukarelawan. Mungkin kita boleh anggap ia satu cara kita memberi semula kepada masyarakat.

Dan mungkin, sekiranya kita ikhlas dan kita dapat berkhidmat bersama-sama, nama kita akan harum bukan sahaja di kalangan peguam tetapi masyarakat. Barulah, jika kita dapat gelaran “Dato’”, ia memberi makna.

 

Khairul atau kruel74 (yang digunakannya di dalam Twitter) merasakan dia lebih dikenali sebagai seorang ahli perniagaan dari seorang perguam walaupun namanya ada di papan tanda sebuah pejabat peguam PJ. Dia gemar bersosial di dalam sosial media yang selalunya dibawa ke dunia luar kerana dia percaya hidup ini terlalu pendek untuk dilalui seorang diri. Ikutilah Khairul di Legal Cat-asthrophe

Fraudsters love legal firm

It has come to my attention of a few news in the last few weeks about people using lawyers or legal firms to conduct frauds. One is a case where a clerk in a legal firm was asked to deposit some money into an account of an immigration department officer to save her client who was caught with more money than is allowed to be carried into Malaysia. Today (17.6.2010), in a case not related to a legal firm but has the same modus operandi, a man was enticed by 'a British woman' and was asked to deposit money by an immigration officer. In the earlier case, the woman lost nearly RM20,000-00 but in the latter, the man reported the case to the Malaysia Anti Corruption Commission. 

It is not a new thing for my partner and me as we have been the target of such fraudulent 'clients' since the first day of our firm's existence. Long ago, we had clients from Malaysia and foreign countries claiming to have millions of dollars to invest in various properties and businesses and all are just scams to use our firm to convince people that they are genuine. It seems that a legal firm or a lawyer can lend credibility to unconvincing stories.

Last few years, we have seen Bar Council of Malaysia warning lawyers about bogus legal firms which try to offer services and take money from the public. Other than these cases of passing off (pretending as someone you are not), legal firms are also places where people like to go and try to steal money from. We were warned just a month back that a woman is going around applying the job as an experience legal clerk, get the job, attend to clients and take payment in cash which she pocketed before quitting and taking the money with her.

That is why even in my book I ask people to check whether the lawyer or the legal firm they are dealing with is genuine or not. Just go to the Malaysian Bar Council website Malaysian Bar. They will find all the lawyers in practice with a valid license there and it is a reliable source enough as those who are not licensed are taken off the list the next day they don't have a valid license.

It was great talking to you, Francis...

I was invited to an event called the RojakSong on Friday, 14.5.2010, by Alpha Lim, a twitter buddy which I have never really interact much except when I met him a few times at a few social media events. The problem with social media event in real life, you meet too many people at any one time that you are overwhelmed by the sheer amount of names and faces that you have to put together. So, unless you get in touch with each other later through a smaller intimate gathering or through chance meeting where there is a smaller number of people, you will forget the people you have just got to know. That is why I love to have what most Twitterer called a tweetup where you meet up through a twitter invitations.

However, let me go to explaining who is Francis. It was none other than Tan Sri (Dr.) Francis Yeoh, who is the Managing Director of YTL Corporation, a conglomerate, which is well-known the world over with interest in a so many businesses at so many countries. I am so enthralled to meet him at the RojakSong event as I have been following his company progress through its newsletters and as a member of its special privilege card. And that does not include the news that they always make through media. So, those at the events have known him by reputation way before meeting him in person that day. Some of the bloggers had met him before as he was presence at the opening of the National Geographic store at Lot 10, a mall within the shopping district of Bukit Bintang. He even talked to these bloggers by calling them over as he remembers them from that event.

What I can say about Francis is that he is so easy to be approached that night as he started his speech by asking people to call him by his name, without his title and treat him like a friend. He also talked about what Rojak Song is all about. For those who don't know, rojak is a Malaysian dish which everything goes into a plate but topped by a delicious groundnut gravy. As the word "everything goes" are used, it is also used to described how Malaysia is made out of so many cultures and people. His vision is to say that we have so many amazing things happening all around us and we should record them to show to the world what we have. He then showed us 3 clips of Malaysians at restaurant preparing dishes in amazing ways. You can understand more about them at their website here : Rojak Song. You can also read Becky's post on the event here : Rebeccasaw.com. And join Rojak Song on Twitter and Facebook and see the pictures from the events.

This event is a part of a series in which YTL under their YTL Communication banner is trying to engage social media advocates like us who cannot live without our constant updates or conversation through our blogs, twitter, Facebook, Youtube and other thing which depends on internet connections. They are promising a 4G network and we are holding them to their promise. This Rojak Song is my 3rd event with them as I have seen them at another 2 events in which I managed to talk to the CEO of YTL Communication. Francis also has his son in the company and he seems to make YTL Communication as one of the company he wants to succeed in their project. For what they promise, I want them to succeed too.

We actually asked him all sort of questions and when it came to my turn, I told him I love the resorts which are own by YTL and is hoping to go to more of them. I managed to talk about the advantage of social media as a way to bypass traditional advertising as lawyers in Malaysia is not allow to advertise in them. As for social media, the lawyers who head the Bar Council seem to close one eye on its existence. 

So, for my own selfish reason, I hope they succeed in catching a segment of the competitive internet market in Malaysia with my legal firm and I getting its benefits.

Francis with the host for the night, Phat Fabes

Francis with the winners for one of the contest

Young Corporate Malaysia Summit 2009 and Bar Council EGM

To me, one of the highlights (there were so many) in the Young Corporate Malaysia Summit 2009 was when one of the speakers, Dato Johan Raslan asked back to the audience whether we want other citizen of the world to come and be given equal opportunity in Malaysia. And then when a lot of them answered "Yes......", he asked back "That is brave but are we ready?".

That is basically the question that all lawyers are asking themselves at nearly the same time yesterday, 12th of December 2009, when we were having our Emergency General Meeting (EGM) to discuss about the Key Performance Index which has now rule the life of judges in Malaysia. Lawyers believed, most of them anyway, especially those whose work are closely related to court (some do work which prepare you to go to court but are rarely there themselves).

You must also know a bit who is Dato Johan Raslan. He is the founding partner of the branch of Price Waterhouse Cooper in Malaysia and he has been auditing a lot of listed companies in Malaysia. I mean, a lot of them. I have been meeting him in a lot of these companies AGM where he will endorsed the audit of these companies. Year in, year out. So, he knows a lot about competition and how to address them. And as you know what has happened to the corporate world with regards to auditing companies thanks to Enron et. al., you will know how competitive it has become. The Big Four is now has become The Big Three (or is it lesser?).

As for Malaysian lawyers, we are now awaiting an amendment in the law which may allow foreign lawyers to practice here in Malaysia. Although it may be confined to Islamic banking law, some are sceptical that it will stop there. Hence, we are quite adamant in not allowing any foreign lawyer in at all.

As for me, who has never get any crutches, ever.

Bring them in.....

You'll never know how good you are, until there is competition...

(says one who owns his own company and need to pay 15 salaries every month, which makes me have quite a lot to lose if I take the wrong risk)

Business partners need to talk to each other

I have seen a lot of businesses go bust the whole of my 10 years being a businessperson myself. I have seen the partners of legal firm which have together for years bicker and then breaks up to form other legal firms. I have seen friends who are like me, from their day in university, had planned to open up a firm, built a legal firm business from scratch and then due to differences in opinion do not talk to each other anymore. Some survives as a legal firm but there are two camps and two bosses to please.

The problem with a legal firm, we are accountable for all our decisions personally. We are not shielded from any bad decision which might affect our bottom line or liabilities which might bankrupt us if we are not careful. We are subjected to scrutiny by the Bar Council which can suspend us from practice if they even hear a whiff of scandal regarding the management of monies by any legal firm.

As lawyers are said to be a lucrative business and we safekeep a lot of people's money, it is a very regulated business. Imagine if your hard-earned money is being managed by bickering lawyers who have the right to sign out from the bank nearly all of the money. Scary isn't it? Especially if they hold a lot of those monies called the stakeholder money which developer entrusted them to safeguard until the time is to be returned back to the developer.

That is why in a legal firm, the best word to describe the relationship between partners are 'Transparency'. Knowing each other really well. The partner's favourites; his hobby; his extra-curriculum activity; his life and even his hang-out area. And the best way to know this is to talk to each other. Even of unrelated matter.

Oh, and if you do come to my office, talking to each other is a daily affair for me and my partner. We have a few rituals which we follow to get in touch with each other especially if may affect how we handle situations at the office....

The final 15Malaysia : ROJAK

As a nation of 52 years old (or 46 years old, according to some) we have been going through a lot, as is other countries in the world. Being of mixed races, that is a bit unique as only a few other countries can boast of having so many races that we need more than just a choice of one or two whenever we fill out a form (which is a controversy of its own).

As a lawyer, whose association is called the Bar Council, I was invited by them to witness and participate in so many of their programs and outreach. I actually has different opinion than most of the people who sits in the position of power within the Bar Council. My partner did became a committee member of a lesser association affiliated to the Bar Council, which is the our state Bar Committee. It didn't help us a lot as we need to go against the government in so many way that our business which rely on them might be affected (we managed to dodge a few bullets) that we decided none of us will be involved with them anymore. That is why most of them are criminal lawyers or lawyers who deals with the courts as they do not rely on government agencies like we do (except the court which is not directly under the government).

Why my opening statement is so long if I was just going to post a short film called Rojak? Rojak is so hard to be translated as it is a Malaysian food which can only be translated as 'MIXED'. It mixed anything into a bowl then is topped with a concoction best described as curry though some Rojak uses other concoction as its toppings. Rojak is so Malaysian that it is sometimes used to described a person of eclectic races. In this short film, a Rojak seller, speaking in Tamil tell his side of story of Malaysian life, seeing the good, the bad, the ugly, the riot, the theft, the fight, the love, the understanding, the misunderstanding and all that life has to offer at the roadside stall which he sells his Rojak. In the end, all comes together to enjoy the food on offer, the great Malaysian ice-breaker. Lawyers do the same too, fight in court, then have a drink at the canteen.

ROJAK

by Suleiman Brothers

Marketing through presence at events

As a lawyer, the rules have been set for us to follow that we cannot market our services by advertising or even soliciting openly through the normal channel like buying some small print advertisement in newspaper and magazine telling people of your services. A lawyer in Malaysia cannot even claim that he is better than another lawyer when he is handling a case. A lawyer here also must always keep his demeanor either in the court of law or in his everyday conduct. Even if they won a case, a lawyer cannot solicit for an interview which may be viewed as him trumpeting his achievement. The code of ethics for lawyers are outlined properly in the Legal Profession (Practice and Etiquette) Rules 1978.

Some lawyers do skirt around the rules by getting their name published in newspaper and articles. They write and they comment on certain issues. They are not necessarily to blame as the newspaper and magazines can get extra mileage if they can get a lawyer of prominent cases to comment on the case such as the strategy that they use or the reason behind that strategy. Some of them published books detailing their career. Some of them are hauled to the front of the Displinary Committee of the Bar Council which supervise such travesty. One of the famous case is when a lawyer published a book on his rags to riches story on how he build his legal firm empire which is now one of the largest legal firm in town.

That is why one of the best way to be known that your legal firm exist is to go and meet people. You can go to offices of those who can give you cases such. Places like the offices of manager of a bank or the Chief Executive Officer of a developer. Some may give you some lip service of trying you out but never will but some do really give you the try-out that you deserve. Another way for you to be known is to go to events that you have seen I went to like those events where there are wristwatches or cars being launch. At these events, I can mingle around with people who may never meet or know that there existed people like me. Those who are plying their trade but can never advertise at all about their practice.

So, for a lawyer, events can sometimes be a good place to be at to ensure more files are translated at the office. Oh, the hard work....

 

Meeting school friends can sometimes be a form of marketing

(breaking of fast with them in 2008)

Liberalisation of legal profession? Not so fast,..

This note has nothing to do with the official Bar Council stands or how things are really happening in the Attorney General Chamber of Malaysia. This is really my opinion on this matter. Our Prime Minister has announced this measures a few month ago and people has actually made this a topic at the dinner table as they thought finally our so-called always-playing-by-our-own-rules-and-never-wanting-to-give-in-plus-always-trying-to-stay-conservative Bar Council of Malaysia had finally gave in and play ball.

Before I write down the story that is still developeing (which might be different from what is being said or even announce by the politicians) and is in no way being endorsed by them, at all, let me just say this. Bar Council actually has wanted to open our legal profession doors since 2002 and their target date for a full liberalisation of the legal profession is in 2015, which is still achievable. Which means that all the local legal firm in Malaysia has to compete with foreign legal firm on all front. Mark my word, all front. The proposal was sent in to the government in 2004 but we were ignored (maybe not by the department which handles it, which is always very supportive of the private legal profession, but by the power that be which can really decide and make the changes in the law). Until Islamic finance came into the picture as THE saviour of all the economic turmoil in the world, according to a few scholars and economists.

When Islamic finance became important and people realised there are serious money in the middle east which can be attracted if your country managed to turn into an Islamic finance hub, the government hoisted up its flag and claim itself as one. This is in competition with London, Dubai, Bahrain, Singapore and Hong Kong, to name a few other ambitious country wanting to capitilise on this 'oil money'. Some did attained it and some faltered (and may try again). Of course, London, being one of the strongest and oldest and a lot of other '-est' economy, they have managed to be one.  After all most serious money still resides in this old city. And they have the infrastructure in which the legal profession is one. So, big London firms starts to go and see what other businesses can they find in other part of the world. Much like what Malaysian construction companies are doing all over the world, where they are welcome (and not).

The government decided that they need to grasp the opportunity before Islamic finance became passe as most fads do or when there are too many hubs and makes it a moot point trying to get the middle-eastern to come. What they did is they set up a few institutions including an education and research centre (which I am a student in), invited a few middle eastern players to set up shops here and even made Malaysia a friendlier environment for middle easterners. Being a Muslim country, it is not that hard. We managed to attract them. But as we have competitions, other than these institutions which the government control directly, they also need a few other component. Among them is the legal profession to allow some liberalisation such as Islamic finance legal practitioners to be allowed to practice in Malaysia. They only want that. Lawyers (or law firms rather) to ply their trade in Islamic finance. Not in other areas.

That is one of the thing that we as lawyers felt grateful for as the government only wants one area of practice to be opened. And what we heard in a session last Wednesday from lawyers who might just be our competitors in the near future from England, they may not be so keen to set up shop here if they are only allowed to practice for that one area. Yes, on Wednesday the 8th, we were graced by the presence of a delegation from England led by the Lord Mayor of London and the British High Commissioner with a representative from their Law Society and a few lawyers who are from British legal firms which set up shop in Singapore. There was a few who really came from Britain to see the potential of Malaysia.

They have heard that the Malaysian government is going to allow 5 legal firms (not lawyers) to come to Malaysia and set up shop. I have been involved in a few of the discussions that we had with the government since they mooted the idea two years ago and there were actually no real agreement. When the Prime Minister announced it three months ago, all those who had attended the meetings were caught by surprise and asked when has an agreement been reached between Bar Council and the government on the matter. It seemed that there was none and when these British lawyers asked, they were actually asked to ask the Bar Council, which does not have any concrete answer.

The government did warned that if there will be no agreement between Bar Council and the government especially when the government wants to push Malaysia as one of the hub for Islamic finance, they might just amend the law to allow for that five firm to practice. In short, take it or loose out. That was how the meetings that we had with the government ended that few times we met them. That was also how our meeting with the British delegation that day ended too.

We did huffed and puffed. And asked them to agree to our proposal of a joint-venture model which will gradually be turned into a full equity owned foreign business venture by 2015 but they did say to us that what if our government itself imposed on us through an Act of Parliament that we allow them to practice here in Malaysia. Wouldn't we then have to accept it? We agree but we did ask them to not turn their back on us as Bar Council will still be the one which will have to administer their movements in Malaysia. 

So, ready or not, Malaysia may have 5 foreign lawyers practising here which may (or may not) be confined to Islamic finance. Yes, there are some form of control like a licensing board consisting of Bar Council and Attorney General office which will oversee the license given and Bar Council still being the body which will oversee these law firms conduct. And yes, they are only allowing law firms and not lawyers to practice here. Better be ready as the future is near.

How lawyers contribute to charity

Last Friday, exactly one week ago, there was a charity event which was held by the Kuala Lumpur Bar which is basically one part of the Malaysian Bar Council. It was an annual event which is done to collect money for charity. As the Bar Council of Malaysia has nearly 12,000 plus lawyers and half of them are practising in Kuala Lumpur, you can just imagine the lawyers who came and contributed to the event. Furthermore, it was run by a hip and cool chairman, who knows what lawyers wanted to see and hear for them to contribute to society.

This years event was their fifth (I think) and they had decided to do it in the middle of Kuala Lumpur, our nation capital. It was at this bar which serves wicked pizza and located at a new lifestyle mall called CapSquare, short for Capital Square which is a throwback to the developer's name Capital Land. The bar hosted the event and as they have a stage which is can be seen from all around the room, people can mingle and still see the show.

How do lawyers get money for charity? Of course, lawyers are notorious for not willing to part with their money without getting some benefit, but some of us do have a heart. So, they throw a showdown contest between lawyers who have firms in Kuala Lumpur (which I do not as my state's association's charity drive is more drab and is a boring affair) and those who did their stuff then has to asked from the crowd to put in their contribution in a box where a member of their firm would asked the lawyers in the bar to contribute. Amazingly, the taking was quite good. The winner of the show is not by the best entertainer but the one which brings in the most contribution. Innovative right?

 Lest I want to be sued, better I let the image be a bit distorted....

Anyway, the one which really made the crowd went wild was the pole dancing by these 3 girls. They flipped and split and even did amazing manouvers which if seen in another situation might be inappropriate. They did got the crowd going. Am not sure how much did they managed to get but I bet their company was one of the highest contributor to the night's coffer.

So, that was how high the standard needed to get lawyers to part with their money. And oh, the girls are lawyers too and one of them I recognised as my junior in college.

When your profession is govern by an Act of Parliament

On Friday, 3rd of July, I had to accept the fact that I forgot to pay a certain fees which is associated with being a lawyer in Malaysia. After 10 years, in which I am responsible for all the payments to any association which I have to pay on behalf of my firm, I missed a deadline. I have to be responsible as all the partners know that if it comes to their license and any correspondence with the law societies, I am the responsible partner. 

The amount that needed to be paid was RM600-00 before 30th June. The law had stated (read that, THE LAW) I have to pay RM450-00 per year for as subscription to the Bar Council. I have accepted that fact since forever. But, I actually missed it. I now have to double the payment (again, as stated by THE LAW) and I have to pay RM900 per lawyer. Mind that in my firm there are 5 lawyers. So, I have to fork out RM2,250-00 per lawyer. There is no appeal as all this is in an Act called the Legal Profession Act 1974. And the Bar Council had reminded us with various emails into my inbox.

It was not intentional I missed the payment. I had always use the emails sent by the Bar Council and the Selangor Bar, in which both I am a member in (along with all the lawyers with my firm) as a reminder. That reminder is not connected to my Blackberry as I have set them to go straight to a folder. Blackberry can't be use to read emails in folders. They just connect with your INBOX. So, dumb me, who rarely check the inbox of my old email, had missed the reminder. I actually read the first email, but as it was 3 months ago, I just let it slide.

The only part blame (which is not an excuse) which I can find is the tenacity of Bar Council of using my old email without wanting to change the address of my emails to my new one. I have this problem as I changed my firm's name last year and my firm's old name is still being used by them although we have sent various faxed letter (they can't change emails without getting a fax, which is another question altogether) asking them to change our email address. So, we still get emails from them at the old email address which I rarely check. Again, as I said, it is no excuse.

As one favourite judge I know always like to say - If you owe someone, pay it!

WASTED!

Now back to normal programming...

The admission of lawyers to the Bar

 I came back today from being spectator at a call-to-the-Bar of a chambering student of my firm. Being part owner of the legal firm, I was invited for the ceremony in one of the court in Kuala Lumpur. The ceremony of interns or chambering students being admitted as an advocate and solicitor to the High Court of Malaya. Or easily being the equivalent of doctors finishing their housemanship. From practising to real practise. 

I was not the Master for the chambering student at my firm (master being the teacher who is supposed to teach her the way of lawyers, whatever that means). It was my associate who is actually much older than me as she was the one in need of someone to help her with her works. Admittedly, some lawyers in Malaysia, albeit controversially, called chambering students as cheap labour. In my firm, we do try to educate any attachment student (which are basically students who are still in university but are asked to be attached to legal institutions such as a legal firm like mine). We take them to court and sometimes give them task to finish to give them the experience of finishing a legal task.

However, the particular call to the Bar which I attended this morning was memorable due to a few reasons. There was a special chambering student who was admitted together with the one from my firm. She was the daughter of the current Prime Minister of Malaysia (although she was from his first wife). Being from that lineage was something as her later grandfather, the first Prime Minister of Malaysia was a lawyer. Her uncle was also a lawyer. She was the first from the new generation. 

So, her grandmother (which is the wife of the first Prime Minister) was there and her famous uncle (which I blogged about once and you can find the link here), a banker, were both there. As it was the grandmother's birthday, there were 2 people who broke normal convention in a courtroom by wishing her a happy birthday. One was the judge and one was the representative of the Bar Council of Malaysia, whose job was to say "No Objection!" to the admission of the girl to the Bar.

It was also memorable due to the facts which I will blogged tomorrow. Here is a picture of Norleen, the girl from my firm and a group photo of the attendees from my legal firm...

 

The NEWLY MINTED lawyer

 

from left : The Master, Nily; Khalil, the lawyer; 

Yaqen and Mira, the attachment students from UiTM

Today I celebrate 10 years of being a lawyer

This week have been quite eventful with a conference on blogging and law organised by eLawyer.com.my, the Bar Council of Malaysia Annual General Meeting (which I didn't go), the Legal Aid Dinner (which I was invited at the last minute by Selangor Bar Committee) and a beauty pageant event sponsored by Nuffnang (which was my first ever blogging event). I have only reported on the beauty pageant in my other blog here and here (it shows which of the events stick to my mind more). All these events had made my weekend full to say the least. It was even extended to Monday as the Malaysian Dream Girl Season 2 was on Monday night.

And today, exactly on 20.3.09, I am celebrating my 10 years of being a lawyer. Ten years ago, on a Saturday morning, I was in a courtroom in the Seremban High Court, my hometown which is 50 km from Kuala Lumpur, being robed by my Master (actually my Master was a she but no one ever call a lady lawyer a Mistress when she took a chambering student). Being robed is when you, who is wearing a suit being help into an overcoat-like jacket which lawyers wear (came from the our British colonial masters) as a sign that you are now a part of the legal fraternity. There were 3 other lawyers with me. I just couldn't remember their name but one is them was an Indian girl, one Indian man and a Malay guy. That was also the last that I hear of them. 

My mom was so proud that she sponsored the traditional high-tea after the call to the bar at the only hotel in Seremban then instead of doing it at our Bar Room. And thanks to my very compact camera then (not digital), all the pictures are either blurred or dark. Maybe those programs which can repair such pictures can make it better. Never tried any yet.

That was 10 years ago. For the past 3 year, every time March 20th came, I have made it a tradition to treat all my staff to some lunch at the office, especially since we moved to the new office which has quite a big pantry. However, today, I have planned and told them that I am going to treat them to real meals. 10 years in private practice and nearly 9 of it with the same partner is a big deal. Her 10 years will be this 10th of April. She is going through some tough time but we have been there for each other through thick and thin. 

Here's to 10 years more and then some....

* All those reference to Bar Room and Bar Council are not about bar where you serve drinks but what lawyers association are known. And call to the bar is not people calling me to have drinks but being admitted as a lawyer.

For the first time

I have to take a break. For the first time I don't really have a post. After 6 months, I hope it can be considered as a rightful break. I am currently in the midst of finishing my assignment for my Islamic finance Masters class. The dateline was 14.3.09 and this post will be up 1 minute before the clock turn to 15.3.09 and I will be later by at least 3 hours sending in my assignments. The beauty of an open university, the submission is online and I only meet my professors if I choose to which is rare. Usually I only talk to them during seminars which I chose to attend. I survived till now.

I had a full day today, going for a talk by two prominent lawyers who are well verse in Intelectual Property and Defamation. Both relate these legal issue to the blogging world. I will post an update on what happened that day. Met a few bloggers there and to tell the truth I would never started a conversation if not for them saying hello. One of them already blogged about meeting me but let me link to her site later too. After the seminar I went to one my staff who was getting married for the second time. She was a widower who met another widower. 

Then at night, I was at the Bar Council dinner. The new President of the Bar was introduced and the former one, who was recognised by a prominent United States body on woman's achievement bestowed her an award. I am too lazy to look up what award she received but I know she received it from Hillary Clinton, the USA new Secretary of State. I may post something on that later too. The dinner was boring and I was seated at a table with too a few who had one too many. I managed to get away by 11pm.

I actually have many stories to tell from the events today but as I said, I am too tired and is chasing a more important dateline. So, for the first time, my post is more personal and not like my usual one but even a post which is supposed to say I am unavailable looks like I am trying to tell a story...

Till later

The Watchmen is a reminder to the watchmen

I have read a few review about this movie and I watched it with the expectation to see a comic book adaptation like any other comic book adaptation. Wow, was I wrong, It was a serious adaptation but with a strange presentation. As serious as the Dark Knight and 300 but fun nonetheless. I have never read the comic book. I know that it might not be as campy as X-Men or Superman but at least as 300 was good fun,  so it must be in the same vein. After all, the director for both 300 and the Watchmen is the same person.

The Watchmen is a good movie. Make no mistake about that. Only that it is in the vein of Oscar nominated, full of message, very heavy kind of good movie. Not even half as fun as the Dark Knight which was fun although the message was about how far would a good person (e.g. Batman) goes in order to save the city he loves and was trying to protect. The evil in the Dark Knight (e.g. the Joker) seems to be not that much different than Batman in the end. He believes all man are as evil as him and that final moment when the two ferries' passengers were contemplating the death of the other ferry's passengers were the turning point when he realised that was not the case after all. Even a hard core prisoner can have some goodness in him.

What has the Watchmen got to do with a blog about legal happenings? Do you realised the message that the Watchmen was trying to send? What the comic and film is trying to convey has so many relevant to our time. The tag line was 'Who watches the Watchmen?' Let us look in our society. Who is our watchmen? What if these watchmen in the real world did anything wrong? Should they be allowed to do whatever they want or they are capable of as long as they saved the society from any evil? The Watchmen movie slipped in a lot of political comment and explain the word VIGILANTE. Someone who takes the law into their own hands in the belief they know better than any court of law. They are the judge and the executioner.

In Malaysia, there was a few cases where investigations into crime seems to bring the evil in people. There are so many deaths which have been condemned. I may not agree with my fellow bloggers or those who condemned everyone who wears the tag of watchmen whom they claim to be as always be in the wrong but I can't deny that they are in so deep that they sometimes forget that criminals still have their right, before or after being proven guilty. I disagree with those who say to fight evil we need to be as evil as they are. What the Watchmen through Dr. Manhattan try to teach us is that you cannot lose your humanity how much a god you have become. Dr. Manhattan was so godlike he forgots that he need to have check and balance.

All the names, references and in-jokes in the Watchmen were there to remind us of something. I heard Alan Moore is a hard man to please and all of his movie adaptations were condemned by him. Look at League of Extraordinary Gentlemen and V for Vendetta. All are good movies but not to him. In the Watchmen, if that is considered as not so good too, I don't know what will please him as the message is clear and the presentation was so vivid like the comic. The only problem is, will the message really reach the people it intended to reach?

Oh, if you still don't get it, in the real world, the watchmen can be those authority figure either the politicians and the police....

What if a lawyer give the wrong advice?

Information is power but some information need to be paid for before you can get it. Especially when you deal with professionals such as lawyers and doctors, to name a few. It is an occupational hazard where people always love to ask doctors and lawyers for free advices when they meet them socially. I, for one, consider it not that big a deal as legal work usually are not just what you can advice but what you do with the advice. These 'free advice liability' issue can be a posting on another day but let us look at the consequence of giving the wrong advice.

As always, every profession has it's own hazard. Some can kill you like for those who make a mistake in handling heavy machinery or driving a vehicle. Some can put you into a jail if you did not manage to complete the task according to plan (crime). Some can lead to you losing a few millions dollar of other people's money if you don't actually know what you are doing (bankers). For doctors, someone can lose a limb or a life, if the doctor does not follow procedure or is allowed to practice without any license which usually entails supervision, they could kill someone. 

As for lawyers, their client's life and livelihood are always in their hands. Someone might be sent to death row or to jail or get fined heavily if they did not do their job properly. In real estate deals, the authority might penalise the client for later registration or worse, cancel the transaction if timetables are not met on time. These can be a loss to the client which can sometimes transcend that particular case such as the client might have to rent another property before he or she can move in into his new place. So, it is not just the transaction will make him lose money, he might also be incurring additional cost. These are advices which even if it is just for the transaction of a sale and purchase of a cup of coffee, you can do a few things to get compensation from that lawyer.

As I have mentioned in one of my last post how to differentiate a criminal and civil case I wrote that a lawyer are subject to three liability if they do not do their work properly. The lawyers association or the Bar which license them. Here, their license can be revoked and they can be penalise monetarily. The police if their negligence is due to a breach of trust. Here they will be subjected to whatever breach of trust crime is punishable with. Then, they could also be sued in the civil court of law where the client can ask to be compensated monetarily for whatever damages he had suffered. Yes, lawyers do sue each other even to the point that in Malaysia, every year, the Bar which tries to enforce their law on the lawyers also got sued left and right. 

If ever you are not satisfied with the service your lawyer gave you, the best is to go to the authority that license them and not the police or whatever regulating bodies your case is being applied to. The lawyers themselves usually will listen to reason if you have a case as they themselves wouldn't want to lose their license. This is best if you need to have the lawyer to be on your side if you have another party to deal with as your lawyer still need to comply with conditions which have been set by the case. A divorce case where you keep changing lawyer will make you looks like you just couldn't make up your mind. A transaction involving property where you keep changing lawyer can make you lose the precious time to file your documents according to the schedule set.

In the first instance, choose your lawyer well before you even appoint him. Then you wouldn't have to suffer any problem of selecting the wrong lawyer...

Police reports here and there

I have often been asked by people what is the difference between a criminal and a civil cases. It is easy for all to say the one which you believe is a crime can be labelled as a criminal case and the civil case is the one where it is between 2 persons who have a dispute which each other. Easy right? Not so it seems when every other day, here in Malaysia, there seems to be a trend for a police report to be done on someone at the drop of a hat. Someone is not satisfied with his neighbour as his tree branch hangs on his area. Someone was ousted out of his official office through tricks and votes buyout. Apartments are not mamaintained properly. Who you gonna call?

All these seems to make the police having too much on their hands even to those matters which are not within their jurisdiction. People just wouldn't take the initiative to really understand the law or at least get some lawyers' advices to make sure that what they are facing is a civil or a criminal matter. Of course there are the type of civil matter which seems to be of criminal in nature. It is called tort and the easiest example is assault and battery which resulted in damages or injury to the other person. You hit someone, you can press charge by making a police report and then still sue him or her in court for a sum of money if you suffer damages in whatever form.

Let us look at an accident. If you hit a vehicle in front of you due to whatever reason, even if your excuse is that the car brakes and you did not have time to follow suit, you are liable to be compounded by the traffic police a sum of MYR300-00. Of course you are then considered to have done a crime as the prosecutor is the one who brings you to court. Then you can also be sued by that car owner if there is any damage to the car or any injury to the person or anybody inside the vehicle. Two separate matters in which the first one is where the state (translation : the government) doing it's job in protecting and upholding the law. The second matter is a dispute between the two vehicle's owners. Easy right?

Now, there are some cases where there are three separate suits can be conducted. Two can happen in the court of law and one in another forum. Cases where a professional who has a license to conduct his practice is the best scenario for this. A lawyer, a doctor or an engineer are those whose services have the option to be in trouble thrice. There are other professions of course but these are those who you hear a lot of burdens are put on their shoulder. They can lose their license in which can be considered as an internal inquiry by his or her peers. In Malaysia, the license of lawyers can be revoked by the Bar Council Displinary Committee. Then if they did a breach of trust, the client can sue for their money if there are any involve and damages, if there are any. Then they can be charged by the public prosecutor on a separate criminal charge.

Easy right? Yeah, right...

Dress for success

 

Although I hate dressing up for anything, sometimes, to have the look of someone who can solve problem for you, I have to wear that tie and that suit just for the sake of looking sharp. In my normal day at work, I will just wear a shirt, rarely with a tie and by 1pm will have already roll up my sleeve so that I can at least enjoy my lunch properly. Sometimes I do want to be like those lawyers who just couldn't care less about how they look. They wear this short sleeves which they wear under their jacket so they would look presentable in court but they look more like a slacker than anyone else. That is how bad they can look, wearing a jacket but looking like they need a comb for their hair.

Most style fashion guru nowadays ask people to be overdress than to be underdress. I take it with a pinch of salt and do sometimes look like I don't belong in certain functions that I have attended. I remember going to a function at a hotel in which there was a launch of credit card which ties up with the Bar Council of Malaysia. It was a Friday and as for me, Friday is the day I dress down, without a tie and usually with a khakis. It is easier to go Friday prayer in that attire than in something where I need to wear cufflinks. It was not as if I dress shabbily or anything but I was the only one without a suit in a room full with well dressed people except for the reporters who was there to cover the event. When I asked for a gift bag, the people at the counter were looking at me as if I am a vagabond crashing a party I am not invited to. At least I had my partner who is always overdress in whatever working day who looks good and made sure they were told who I was then.

The thing is, I was not the only person who was dressed as casually. There were a few well-known lawyers who wear as casually as me. They were in their 50s and 60s, quite well-known and of course, their clothing can be as simple as a man on the street. They are court brawlers who people wouldn't dare to cross path with and some were always there when you hear a landmark case had been decided somewhere in court. They just couldn't care less to dress up even for a formal occasion, especially those involving other lawyers. These other lawyers are the one who should be thankful that they (the senior lawyers) made an appearance at their event. Even I will admit that they have earned it and I am hoping to join their rank one day. 

All in all, dressing to look successful is overrated sometimes as this is how some conmen manage to con those who are gullible as people expect to go on their hands and knees when people dress well but they thumb their nose to those who don't. The measure of a man is not in their clothes but their heart. Nowadays, a pure and good heart are always hidden. Maybe the slacker generation which emphasise more on what they can produce and not how they look while producing it actually brought some good things to the work culture too (other than all these technology we have around us growing in leaps and bounds thanks to them)