In 2002, I started to realise that J was on a freefall although he had a strong political affiliation and ambition. We met once a month with the intention of repairing the damage that was apparent in the management of accounts and also of the office.
J's branch in Klang also have this lady who was his office manager. This lady was given a room and ensure everthing was properly managed in the office. After some times, we also got to know that this lady had invested money in J's branch. She also brought in her husband who is a banker to oversee the operation of the firm. When she had invested the money, the husband and wife wanted to have control of the firm especially on where is the direction of the firm going to be.
At first, S and I were agreeable to the arrangement although we were actually blindsided by J as we were not told of his arrangement with his office manager. We were also not quite comfortable with the idea of a non-professional taking over a legal firm, although its not our branch. The lady had nearly 15 years of experience as a legal clerk and knows what to do in any given task either regarding office management or conveyancing matters. We gave her the benefit of the doubt on her credentials as we had also asked for her advice on certain matters including when we got a big project to handle that year requiring us to manage a launch of 800+ apartments in the middle of Kuala Lumpur. She managed to help us through that.
However, when we started to have meetings with them at their office every month, we saw that the real person who was in charge was the husband and they were clueless in how a legal firm need to be accountable for every single sen that came out of their accounts. Their management were so topsy turvy that they had problem retaining the workers in their office, they were some unexplained discrepancies in the account and we were in danger of being sued. The clincher was when they keep on asking us to let them in on certain projects to help them survive.
In August that year (2002), I met a senior of mine who had just set up a firm in Seremban after 12 years working with the same medium-sized firm in Seremban. The medium-sized firm also had this weird concept of franchise in which they lend their name to anyone who want to set up a branch anywhere in Malaysia, where they still have no office yet. So, in the first instance, my senior wanted to do that but later changed his mind and set up his own firm in his own name in Seremban. He only have one staff, who was himself.
When I proposed to him to establish a new entity with his name at the forefront, ours coming in second and third while having separate accounts and establishment, he jumped at the idea as he wanted to get himself out of the doldrum of being alone without any partner to discuss on the direction of his firm.
When he set up his firm in March 2002, he called me quite a few times as he wanted to know the nitty gritty of a firm. Although he was my senior, there were not many of my peers there who had set up their own firm. Maybe it was also being alumnus of the university also bound us over. I helped him with the documentations and in 1.2.2002, his firm was born.
That was why when I proposed to join him and bring with me a few panel, he agreed and ion 1.9.2002, our partnership started. This time S and I made an ironclad agreement in which the name can never be changed and those who wants to leave must also leave their name behind. We also agree to help each other manage the firm as a whole especially when the time comes for the renewal of our Practising Certificate every year.
This firm was where the tide of our fortunes turn and this was where we make our mark...
December 5, 2008
December 4, 2008
Tun Salleh Abas talks...
The invitation to the talk
On 3rd December 2008, I was given the chance to hear one person's point of view on the Malaysian judiciary but that one person is at the centre of the storm in the current issue affecting one lawyer fights against the system. That lawyer was just fired from his own party due to 'sleeping with the enemy'. The talk was the 9th Ahmad Ibrahim Memorial Lecture which was held at Crown Princess Hotel (a bad place to have a conference now with no access from Jalan Ampang and the renovation of Yow Chuan Plaza)
It was a very sad affair (to me at least) as one of the controversial figure in the attack on the judiciary in 1988 gave his take on a topic not alien to controversy itself titled "50 years of Constitutional Government in Malaysia" which was much different from the topic presented to us on the Invitation Card which stated that the topic was to be "Mahkamah dan Keadilan / Court and Justice". There were barely people who came to hear his talk, in contrast when I was attending the talk by Tony Blair who was the ex-Prime Minister of United Kingdom and his only experience was practising law in his younger day. Tony Blair was invited by University Malaya and it was in honour of Sultan Azlan Shah of Perak's lecture. The seats were so full in the ballroom of Mandarin Oriental Hotel that they have to bring more seats.
The program on the day of the talk
On that day in Crown Princess, there were so many empty seats and it was mostly full of students and just one judge. Either there was a blanket ban on people attending or there was not many people interested in hearing an old ex-judge, and Chief Justice to boot, say his piece. I attended as I was intrigued by the prospect of him mouthing off...
It was not meant to be, at first. He was so civil that when the hotel staff adjusted the flower, the microphone and the rostrum to accommodate his lack of height, he just kept on reading his text. The text itself was quite a lesson in the history of how Malaysia came to be with the emphasise on the formation of the government of Malaysia and how Malayan Union was opposed up until Singapore got out of the federation.
Then, he started to talk about the monarchy and how they were the backbone of the struggle by the so-called freedom fighters of Malaysia like Tok Janggut et al. Then he said that Malayan Union had created a few political parties including UMNO, MCA, PAS and others. Then he said the magic word : The most trustworthy institution east of India. He was referring to Malaysian judiciary before the judiciary crisis, of course.
Other big words that he used was 'the ouster clause', 'social contract' and a few significant numbers connoting years. 'Ouster clause' is the immunity of authority from being sued if doing something within their power which are apparent in a few Malaysian law. Then when he injected the Articles from the Constitution of Malaysia which showed the protection which was supposed to be received by the monarchy, but was removed in 1993 and then 2001, the crowd went wild (as any sleepy crowd, me included, in a sombre afternoon session of legal talk can). His talk was controversial in the suggestions that he put forth but these suggestions were put in subtlely in between the lines. There was no names, no finger pointings and not even a peek into his thoughts about all the controversies surrounding him.
In parting, he compared Malaysia to Rome (Really!). There was this concept in Rome once when it was thriving and people from all places came to work and live there. The citizens were given special privileges but outsiders were given Rome's version of red identity cards, in which when the Roman have accepted them for who they were, they let them into their fold and accepted them. Then, they were called Palladiums (couldn't clarify the term but found the term Peregrinus) to show that they have been assimilated into the Roman empire.
In short, he said, why couldn't we follow the Roman way. Try to live together and change our law especially the Constitution to reflect the acceptance of the other race, other than the native Malay, which is still debatable whether they are even native or not...
A great afternoon but nonetheless, it was like what Malaysian said "Anjing menyalak bukit / dog barking at the hill".
December 3, 2008
Significant date of my business...
20.9.2000 - My legal firm business with S starts. We started by sharing an office with our junior then our client.
1.5.2001 - We dissolved our first business and joined a friend in which we managed a branch of the legal firm in Petaling Jaya while he was in Shah Alam before moving to Klang. We made a break businesswise in May 2002 when we were appointed as a panel lawyer for a housing project with 824 units of houses. We only had 2 staffs and was ill-prepared but we did managed.
1.9.2001 - We moved to a proper office of our own. 500 square feet with 1 room.
1.9.2002 - We (S and I) parted way with the friend and joined another friend who owns a legal firm and has an office in Seremban. We remain at the same office and operated a branch of the legal firm in Petaling Jaya. We entered into an agreement where we agreed to manage our own accounts separately but the auditing and management will be consolidated every year before applications for licenses from the Bar Council were done.
1.5.2004 - We parted ways with the partner in Seremban but retained the business as per our agreement. He joined another partnership in which the same initial name was used.
2007 - We admitted a new partner. No name change.
1.9.2007 - We changed premises of our office from 2 units of 500 square feet and 800 square feet of offices to a 3650 square feet of 1 unit office with a penthouse to boot.
30.11.2007 - We officiated our office with a proper opening ceremony.
21.12.2008 - We did a new year party / gathering which made us quite happy to know we have 360 degree of fireworks view up until Midvalley from our rooftop.
1.5.2008 - We changed the name to reflect the real partners in the firm as there were cases where in court, both our files and our old partner's name were called and two lwayers stood up. One was from our firm but the other was our old partner's firm.
1.12.08 - Still standing and bracing for an economic slowdown. Hope to celebrate the new year 2009 and reach 20.3.09 in which I will be 10 years in practice...
1.5.2001 - We dissolved our first business and joined a friend in which we managed a branch of the legal firm in Petaling Jaya while he was in Shah Alam before moving to Klang. We made a break businesswise in May 2002 when we were appointed as a panel lawyer for a housing project with 824 units of houses. We only had 2 staffs and was ill-prepared but we did managed.
1.9.2001 - We moved to a proper office of our own. 500 square feet with 1 room.
1.9.2002 - We (S and I) parted way with the friend and joined another friend who owns a legal firm and has an office in Seremban. We remain at the same office and operated a branch of the legal firm in Petaling Jaya. We entered into an agreement where we agreed to manage our own accounts separately but the auditing and management will be consolidated every year before applications for licenses from the Bar Council were done.
1.5.2004 - We parted ways with the partner in Seremban but retained the business as per our agreement. He joined another partnership in which the same initial name was used.
2007 - We admitted a new partner. No name change.
The current workforce at the current set-up during the launch in 2007
1.9.2007 - We changed premises of our office from 2 units of 500 square feet and 800 square feet of offices to a 3650 square feet of 1 unit office with a penthouse to boot.
30.11.2007 - We officiated our office with a proper opening ceremony.
21.12.2008 - We did a new year party / gathering which made us quite happy to know we have 360 degree of fireworks view up until Midvalley from our rooftop.
1.5.2008 - We changed the name to reflect the real partners in the firm as there were cases where in court, both our files and our old partner's name were called and two lwayers stood up. One was from our firm but the other was our old partner's firm.
1.12.08 - Still standing and bracing for an economic slowdown. Hope to celebrate the new year 2009 and reach 20.3.09 in which I will be 10 years in practice...
December 2, 2008
Hari-hari Terakhir Seorang YB (sebuah novel Malaysia) Episod 16
Hari aku tiba, boss YB masih belum tiba. Oleh kerana tiada program diaturkan, aku dan YB bersama dengan seorang kawannya, seorang usahawan balak pergi berjalan-jalan di merata Dubai bersiar-siar dan membeli belah. Mereka membeli-belah. Aku hanya mengikut saja tanpa apa-apa niat untuk berbelanja. Walaupun masa itu adalah Festival Membeli Belah Dubai.
Kami dibawa berjalan-jalan oleh rakan YB itu ke pelbagai tempat yang dia biasa pergi di Dubai. YB pula sibuk ingin ke satu kedai menjual kain yang pernah dikunjunginya 5 tahun sebelum itu dan di mana gambarnya diambil dan dipamerkan di dada satu akhbar sehingga kemudian menimbulkan kontroversi kerana dikatakan rombongan kerajaan negeri itu pergi membeli belah dan bukannya mempromosikan negeri itu. YB beruntung kerana di dalam gambar yang dipamerkan itu, bossnya, pada masa itu, berada di hadapannya dan dia hanya sedang berdiri melihat bossnya itu meneliti kain yang ingin dibelikan.
Di dalam teksi yang kami naiki, YB menceritakan yang kedai kain itu terkenal kerana kedai itu membekalkan kain pada harga yang murah kepada pramugara dan pramugari MAS yang seterusnya menjualkan kain-kain itu kepada rakan-rakan dan keluarga di Malaysia. Itulah sebabnya pemilik kedai itu sehingga pandai bercakap bahasa Melayu sikit-sikit. Setibanya kami di sana, kami bertemu dengan dua tiga orang YB lain yang sedang meneliti pelbagai kain yang ingin mereka beli. Ada yang datang dengan kawan-kawan dan ada yang datang dengan isteri. Ada yang sedang menelefon isteri (teman wanita?) di Malaysia bertanya tentang ela yang sesuai untuk dibeli dan ada yang membeli pakaian siap. YB pula sebaik kami masuk ke dalam kedai itu terus menunjukkan gambar yang diceritakan tadi yang telah dibingkai dan dinaikkan di dinding kedai itu.
Aku pada awalnya tiada niat untuk membeli kerana aku baru berkahwin 5 bulan sebelum itu dan masih mempunyai banyak kain yang dihadiahkan oleh kawan-kawan aku. Baju bertunang aku pun baru hanya sekali aku pakai. Bila YB nampak aku duduk tanpa niat membeli, dia terus menyuruh aku memilih kerana dia nak belanja. Aku apa lagi. Aku beli untuk aku dan isteri ku kain cukup untuk 2 pasang seorang.
Festival Membeli Belah itu juga menyebabkan semua hotel di Dubai penuh. Aku yang tidak ditempah hotel oleh orang yang men'sponsor' aku berkemungkinan terpaksa menumpang semula rumah bakal ibu mertua rakankongsi ku yang cerewet itu. Aku tidak sanggup untuk meminta dari orang yang susah hendak memberi. Aku membuat keputusan untuk bertanya YB tentang masalah ku.
Sebelum sempat aku bertanya, ada seorang pegawai yang agak tinggi jawatannya dalam kerajaan negeri telah memberi satu nasihat yang membuat aku terkedu. "Kita mesti hargai dapat duduk makan dan berborak dengan orang macam YB ni. Bukan senang dia nak luangkan masa dengan kita. Jangan lepaskan peluang dapat berinteraksi dengan dia dalam rombongan macam ni". Itu semasa makan tengahari. Aku yang tidak ada tempat nak tidur bertanyakan hal aku kepada YB di depan pegawai itu.
"YB, saya ada masalah sikit ni takde tempat tidur. Boleh tumpang bilik?", tanya aku.
"Menyusahkan betullah budak ni... Kau tidur tak berdengkurkan? Kalau kau berdengkur, aku suruh kau tidur luar...", jawab YB sambil ketawa.
Selesai masalah tempat tidur aku dan merah padam muka pegawai itu kerana dia lihat aku akrab dengan YB lebih dari yang dijangkakan...
Kami dibawa berjalan-jalan oleh rakan YB itu ke pelbagai tempat yang dia biasa pergi di Dubai. YB pula sibuk ingin ke satu kedai menjual kain yang pernah dikunjunginya 5 tahun sebelum itu dan di mana gambarnya diambil dan dipamerkan di dada satu akhbar sehingga kemudian menimbulkan kontroversi kerana dikatakan rombongan kerajaan negeri itu pergi membeli belah dan bukannya mempromosikan negeri itu. YB beruntung kerana di dalam gambar yang dipamerkan itu, bossnya, pada masa itu, berada di hadapannya dan dia hanya sedang berdiri melihat bossnya itu meneliti kain yang ingin dibelikan.
Di dalam teksi yang kami naiki, YB menceritakan yang kedai kain itu terkenal kerana kedai itu membekalkan kain pada harga yang murah kepada pramugara dan pramugari MAS yang seterusnya menjualkan kain-kain itu kepada rakan-rakan dan keluarga di Malaysia. Itulah sebabnya pemilik kedai itu sehingga pandai bercakap bahasa Melayu sikit-sikit. Setibanya kami di sana, kami bertemu dengan dua tiga orang YB lain yang sedang meneliti pelbagai kain yang ingin mereka beli. Ada yang datang dengan kawan-kawan dan ada yang datang dengan isteri. Ada yang sedang menelefon isteri (teman wanita?) di Malaysia bertanya tentang ela yang sesuai untuk dibeli dan ada yang membeli pakaian siap. YB pula sebaik kami masuk ke dalam kedai itu terus menunjukkan gambar yang diceritakan tadi yang telah dibingkai dan dinaikkan di dinding kedai itu.
Aku pada awalnya tiada niat untuk membeli kerana aku baru berkahwin 5 bulan sebelum itu dan masih mempunyai banyak kain yang dihadiahkan oleh kawan-kawan aku. Baju bertunang aku pun baru hanya sekali aku pakai. Bila YB nampak aku duduk tanpa niat membeli, dia terus menyuruh aku memilih kerana dia nak belanja. Aku apa lagi. Aku beli untuk aku dan isteri ku kain cukup untuk 2 pasang seorang.
Festival Membeli Belah itu juga menyebabkan semua hotel di Dubai penuh. Aku yang tidak ditempah hotel oleh orang yang men'sponsor' aku berkemungkinan terpaksa menumpang semula rumah bakal ibu mertua rakankongsi ku yang cerewet itu. Aku tidak sanggup untuk meminta dari orang yang susah hendak memberi. Aku membuat keputusan untuk bertanya YB tentang masalah ku.
Sebelum sempat aku bertanya, ada seorang pegawai yang agak tinggi jawatannya dalam kerajaan negeri telah memberi satu nasihat yang membuat aku terkedu. "Kita mesti hargai dapat duduk makan dan berborak dengan orang macam YB ni. Bukan senang dia nak luangkan masa dengan kita. Jangan lepaskan peluang dapat berinteraksi dengan dia dalam rombongan macam ni". Itu semasa makan tengahari. Aku yang tidak ada tempat nak tidur bertanyakan hal aku kepada YB di depan pegawai itu.
"YB, saya ada masalah sikit ni takde tempat tidur. Boleh tumpang bilik?", tanya aku.
"Menyusahkan betullah budak ni... Kau tidur tak berdengkurkan? Kalau kau berdengkur, aku suruh kau tidur luar...", jawab YB sambil ketawa.
Selesai masalah tempat tidur aku dan merah padam muka pegawai itu kerana dia lihat aku akrab dengan YB lebih dari yang dijangkakan...
December 1, 2008
A suggestion to the toll concessionaire...
When I met a guy who was well to do in his life but refused to buy the Touch N Go card due to his 'principle', I was quite intrigue. I asked him why, expecting that he has a better formula to pay his toll or there is a way for him to bypass any tolled road. What I didn't expect was a lecture on the basic rule of retail business. His basic premise was why does one pay in advance cash to someone who don't even give one sen of concession to the payee. These toll concessionaires take but never give, especially if you pay using the Touch N Go card.
Everyone seems to take for granted that the Touch N Go card to be something that they don't have a choice but to have in order for them to have the convenience of not having to hunt for spare change or queue up at the toll booth, especially at peak hours. The convenience of Touch N Go was imposed to the masses when all other smart cards were 'retired' and Touch N Go became the monopoly prepaid card for highway concessionaires.
Some did protest the erection of toll booth at tolled road when it was first erected like what had happened in Sunway at the New Pantai Expressway where even the current elected representative promise to find a solution to ensure the nearby residents living adjacent to the NPE highway doesn't need to pay for toll going to and fro their housing area. That promise is still just a dream as toll highways are under the purview of the federal government which is not that particular elected representative's political party. I wish her the best of luck... (which may come true earlier if her political party REALLY take over the federal government)
Just a suggestion to toll concessionaires. Why don't they view the user of their highways as customers to be pampered and to be valued. Don't view them as drivers who had no choice but to use their highways. These highways had encroached areas which had been the ancestral homes or just plain homes of various people. They had also displaced million of people with the hopes of making millions of cash. I have seen proposals to various politicians for new highways which would actually leave the Klang Valley looking like one big road with no living areas in sight. All in the name of progress...
They should emulate Germany where the cost of highways are borne by the local government and if the local government don't have the money, the highway will end at the part not yet built and will continue back at parts where the local government is able to built their part of the highway. That's why they are call Autobahn where there are no toll but just good roads. Maybe this will be too farfetch to happen in our country but one can always dream...
Customers shouldn't be asked to pay the same amount of toll when they have paid in advance. I know that the concessionares do not get the money in advance but why don't they cut a deal with the company which issue the Touch N Go cards to give discounts when customers buy a certain amount of prepaid. This will at least make more economic sense to the consumers and it will even endear the card to them.
Don't they want more customers? Is monopoly more important than making your customers happy?
But, this is just but a thought...
Everyone seems to take for granted that the Touch N Go card to be something that they don't have a choice but to have in order for them to have the convenience of not having to hunt for spare change or queue up at the toll booth, especially at peak hours. The convenience of Touch N Go was imposed to the masses when all other smart cards were 'retired' and Touch N Go became the monopoly prepaid card for highway concessionaires.
Some did protest the erection of toll booth at tolled road when it was first erected like what had happened in Sunway at the New Pantai Expressway where even the current elected representative promise to find a solution to ensure the nearby residents living adjacent to the NPE highway doesn't need to pay for toll going to and fro their housing area. That promise is still just a dream as toll highways are under the purview of the federal government which is not that particular elected representative's political party. I wish her the best of luck... (which may come true earlier if her political party REALLY take over the federal government)
Just a suggestion to toll concessionaires. Why don't they view the user of their highways as customers to be pampered and to be valued. Don't view them as drivers who had no choice but to use their highways. These highways had encroached areas which had been the ancestral homes or just plain homes of various people. They had also displaced million of people with the hopes of making millions of cash. I have seen proposals to various politicians for new highways which would actually leave the Klang Valley looking like one big road with no living areas in sight. All in the name of progress...
They should emulate Germany where the cost of highways are borne by the local government and if the local government don't have the money, the highway will end at the part not yet built and will continue back at parts where the local government is able to built their part of the highway. That's why they are call Autobahn where there are no toll but just good roads. Maybe this will be too farfetch to happen in our country but one can always dream...
Customers shouldn't be asked to pay the same amount of toll when they have paid in advance. I know that the concessionares do not get the money in advance but why don't they cut a deal with the company which issue the Touch N Go cards to give discounts when customers buy a certain amount of prepaid. This will at least make more economic sense to the consumers and it will even endear the card to them.
Don't they want more customers? Is monopoly more important than making your customers happy?
But, this is just but a thought...
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