I am not going to the courts today! And I wore black (to contrast the white blouse that I have wearing for 7 consecutive working days)!

Fact is, I am supposed to still had to go to court this morning... but I settled the matter yesterday by calling up the court interpreter.

So this morning, I can sit back in my office... and... erm... contemplate!

Practice in KK is getting mundane...
day in day out same thing...
no excitement... no sense of achievement!
I'm defeated...

Time for this "rolling stone" to turn!
Where to go, what to do next?
I have no idea...

There is this very interesting opening in Singapore:
foreign lawyer.

I think I should apply... most attractive fact about this position is that as a foreign lawyer, I am "not allowed" to appear in the Singapore courts... (that's just what I don't want to do, ie court appearance!)

The question is, am I ready to leave Sabah again...
practising in KK has really been a bliss (minus the penguin suit days)... although Singapore was part of my three step dream to Japan... since I'm back to the laid back Sabah, I really wonder if I would still be able to "endure" city life...

But at the end, I guess, it comes down to the question, whether I'm still willing to change... and whether there is still space there in Singapore that would allow me to "occupy" (oh, this sentence sounds so Chinese hor?)...

Nevermind me... I guess I don't even know what I'm writting here...

This morning was my first open appearance for a divorce case.

Although is was a clean break joint petition...

I was glue-less as to what I need to do in court!

When I got the file from the partner, he said:
"F, I need you to go to a divorce case for me tomorrow morning..."

...

"You read the papers and see what you can do lar..."

...

Next morning, there I was, in the open court with two "born in the 80s" petitioners for divorce and their two beautiful kids, in court... waiting for the case to be called.

In my mind I was planning that since my case is number 3 on the list, I could at least see what other lawyers do before I stand up to do my "speech"...

"Mana lar tau"... my case was the first joint petition case called...
I was so nervous that I can't speak clearly and the judge went:

"girl, you are speaking too soft, I can't hear you if you don't speak up"

Judge CS called me a "girl"... Oh, am I flattered!

After making sure that the petitioners intend to proceed with the divorce, judge looked at the petition papers and asked why weren't there any provision for the maintenance of the children by the husband. The wife is already not asking for any maintenance but she will have sole custody of the two children, whey weren't the husband paying anything... uh oh... truth is I don't have the slightest idea... the petitioning husband on the other hand quickly told the interpreter that he intends to give maintenance to the children... and for that reason, I gave a very bad impression to judge who surely thought what an incompetent lawyer I was when the husband wanted to give provision but I didn't pray for the matter in the petition.

Sigh, no one in the court knows that I was there not for my own case...

After the matter, I went back to the office only to find out that actually it was the petitioning wife who has refused to take the money from the husband and therefore maintenance for the children was not prayed for...

Nevertheless, all and all, today's was a good experience for me...
I've finally actually seen how family court in session!

I think I'd like doing family cases although, I might not approve of divorce so lightly!

The petitioners I represented this morning for example are merely in the early twenties... they could have so much more years together... and the kids are still so young... sigh...

One of the junior partner finally marries... :)

I was assigned as duty counsel at the SLA today...
Reached SLA office slightly before 930 (as scheduled to)
and already there were client waiting.

It's a family case involving a child born out of wedlock by a foreigner mother...
whose father is a local but was not married to the mother because he is already married.

After giving them some basic advice, including telling them that as the no father was named in the birth certificate,
it's correct for the registry to record the child as "non Malaysian" as the registry followed the nationality of the mother, I advised them to seek more experienced family lawyer for further details as I was only a duty counsel for the day and one that is not well versed with family law at all.

Right after that is a pair of sisters with also with "family problem"... but they came for the brother. Claiming that he was falsely accused of being indecent to his children and the wife left the house ... and how "kasian" the brother having to go through the ordeal of reporting to the police station every month as he is under police bail now... due to the police report made by the estranged wife... they asked me what should they do about it! :) ... I told them to get his brother to file for divorce and not to worry too much about the police bail "as long as you know for sure your brother didn't do it". If there were not enough evidence and sooner or later, the police will drop the case.

After that was a contractor claiming he gets a 4.2 mil project from Tun M... but need legal aid for advice... about his bank account being frozen and he has no idea as to why... I tried my best to be patient and listened to him through... but it was so difficult to understand what he was telling me... which involves some bank manager cheating his money... government project being snatched... deposit money being frozen... at the end, I told him the bank will never freeze customer's money without reason and that he should go to the bank to get to the bottom of it first.

....

After this, a bit of coffee and photo album at the SLA and its already 1230pm...
I left the SLA and went up to the office for a peep...
After all, there will be a new girl coming into the office on Monday as my legal secretary.
Finally, after surviving 6.5 months of practice without an assistant, I am getting "a girl".
So you really can't blame my exciting over it...
I went to the office to clean up the old secretary "work area", rearranged the tables and cabinets so that it look more pleasing to work ...

I know it may still look a little "too humble"...
But that's the best I could do for her for now...
I have already ordered a new desk from "the boss" for her... which should be delivered on Monday.

Had lunch today, for a change...
it's only once a blue moon that I eat lunch!

Bumped into a few colleagues so we sat around the same table for the meal...

We started talking and...
one was telling he was so fed up with litigation and wants to do conveyancing!
Hahaha... no doubt conveyancing is a lot more less stressful, I'd surely agree!
Coz I am no litigant too...

But sometimes, we don't get to choose what we want to do.
When I first started chambering, I was so determined to be a criminal lawyer.
And because of that, I've had some very painful experience.
That totally changed my mind about pursuing a career in criminal litigation.

Then I went on to a corporate legal firm,
but I find the corporate world unfriendly...
didn't like defending big corporations in bullying the people...
so I left... and find myself here at a firm in my home town.

Where the people is less complicated
a lot more friendlier and approachable.

But, still having been a lawyer for nearly one year now,
(I was officially a lawyer on 15.06.2007)
all I can say is, it's not easy being a junior lawyer...
only those who could endure judges' humiliation in court,
those who could easily take the blame even though it's not his/her mistakes,
those who could still drag him/herself to the office every morning knowing there'll just be "unfinishable" work waiting,
those who could still smile at the end of the day after all the scoldings, threats and "unfriendly words" from clients,
those who could still sleep at night...
those who could still enjoy the "free time" of weekends...

only these can move ON, and hopefully, in 5 years time,
to move UP to be a real lawyer!

Here's what I had as my "once in a blue moon lunch":

First and foremost, don't equate bumi-lot and Malay Reserved Land or Native title

Bumi-lot are housing lots built by Developers which are restricted by the State Government (under "Bumiputra Housing Quota Policy") to be sold to bumiputra only. It has nothing to do with the land title, the title most probably is not Malay Reserved Land.

Non bumi cannot purchase Native Title or title with Malay Reserved Land endorsed on the Title Deed.

Non bumi also not allowed to buy housing lot if its under the Bumi Quota wherein specific lot is designated as bumi-lot.

The question is, whether subsale of bumi lot to non bumi is possible...

or, if title is issued, whether property designated as bumi-lot can be transferred to non-bumi

My common sense tells me CAN.

The bumi quota is for Developer to give special discount to bumi buying property... now when is comes of subsale or second sell, it's the bumi who is desirous of selling, if you limit the bumi's option to sell, that would have defeat the purpose of having the Bumi Quota in the first place wasn't it?

It's not like the bumi seller is gonna give the bumi buyer a discount! The property will be sold at market price!

It will depend on whether the developer has already fulfilled the bumi qouta... if fulfilled and they don't need to keep that particular lot as bumi lot in order to make up the quota, they would have no problem to consent to sell to non bumi provided state authority approve

Recently received a circular from the Sabah Law Association (SLA) with the subject matter:
STRICT ENFORCEMENT OF THE ADVOCATES' REMUNERATION RULES 1988

And I quote, "to make compliance with the Advocates' Remuneration Rules 1988 self regulatory (notwithstanding that the said Advocates Remuneration Rules has the force or law!)"

[the emphasis were mine]

Before I could clap my hands and shout hooray...
I received a call from the bank, "We have this free legal package loan, can you give us a quotation with your best discount offer?"

... ... ...

As a "full time loan lawyer" (part time litigation)...
I find the "discount practice" to be the most difficult part of being a "lawyer"!

Usually when I say "no discount" all I get is a "clung!"
The other end hung up on me, without bothering to listen to my explanation because
"ALL other firms offer at least 65% discount"! (imagine that, 65%!)

Although I respect SLA's effort, but I really doubt there can ever be "strict enforcement" not to mention "self regulatory". The fact is, there is no existing enforcement body. So, the Sub-Committee on the Enforcement of the Advocates' Remuneration Rules 1988 has recommended the following measures:

• to make necessary amendments to the rules to make giving of discounts a breach of the Rules that could be subject to investigation by the Inquiry Committee established under the Advocates' (Inquiry Committee) Rules 1988.
• to secure compliance through an Annual Compliance Report prepared by the accountant responsible for the legal firm's Annual Accountant's Report
• each lawyer is to declare via Statutory Declaration that he/she has charged the scale fees without any discount

SLA further advice that pending amendments to the Rules, which shall be made possible before the end of 2008 (can or not?), all members is to "voluntarily practice" the No Discount Rule.

... ... ...

On the basis of the SLA's letter, I have called up lender and told them the "forced discount" I have given them for this time round will be the last one. :)

We'll see how that ends, most probably I won't be getting any files from the lender anymore!

... ... ...

On another note, I wish educate the people about legal fees which everyone seems to think it's a huge sum.
But how come no one is complaining about the estate agent (registered or not) fees which is 3% of the purchase price... and all they do is talk (at least that's how it seems to me)... no drafting of agreement, no government paper work, no due diligence, no undertaking required (don't even issue receipt! one estate agent actually asked me to issue receipt on his behalf! Of course I said NO!)... and they "senang-senang" (easily) get RM3,000 while my legal fees of RM1,300 is "wow, why so much?"

Where is the justification for this???

SIGH!

I hate having court attendance on Friday...
Maybe I was pampered, by the previous company I worked for in KL and the KL Firm where I chambered, into thinking Friday is casual day and that means jeans day... and that means soon after work we could go HAPPY HOURS!

Anyway, it's not like that in KK... here everyone is so friendly and carefree but when it comes to work attire... they are damn serious! Just come to the Firm I work with, you'd see all the office ladies wearing all professional looking suits while me, the lawyer wears like the office girl... anyway, habit acquired from 10 years in KL can't be eliminated just like that...

So I had to first grumble about the "over-dressing" issue in KK! I remember the first dinner function I went to... it was a farewell dinner to a judge. The invitation card states dress code as "Smart Casual" so I wore a blouse with a pair of cotton slacks... when I reach the ballroom I found myself to be the only person who bothered to go with the dress code. The rest all wore their fancy sexy dinner dresses complete with ballroom accessories (those small little pouch... the scarf... the do up hairstyles etc)... goodness! Instead of feeling neasy of "wearing something as instructed" I felt so awkward through the dinner!

Coming back to court attendance on Friday...

If it's Friday, and the court attendance is to the Sessions Court, that would be only one Sessions Court Judge's matter... and I guess the other lawyers all of which are my senior (I'm the lowest ranking in the firm... can see from the letterhead, hahaha!) just hate going to her court, so I'd end up the one going. I really don't mind being ridicule by this particular judge, she nags but she make sense... she's particular but that just show she is serious about what she's doing and won't take nonsense excuses. Just be prepared and know what you're doing, and I'm sure everyone is fine. Being a lawyer means having to have thick skin anyway... so I'd just have to be prepared for the bombarding... go on full guard and be alert to ditch all the mistles and rockets... :)

But I still hate going to the Court on Friday, not because of the judge, not because of the walk I had to make to the court, but because I hate to wear the full armour of black and white ~ the Penguin Suit!

SIGH! SIGH! SIGH!

It's another Monday where I have court to attend...

This time, 5 cases in a row
plus 3 that I had to appear on behalf of one of the partner's wife's firm!

So I went to the Magistrates... 3 on behalf cases were called timely and done with...
but... of the 5 cases, 3 were unserved and were given new dates...
so I have only 2 more to go... so I thought...

At the end, I was stranded on "the Tallest Magistrates Court" (those who practice in KK will know which magistrates court this refers to)... until 12pm because the court couldn't locate one particular file!

... as I had to wait there, I get to see what I don't normally see... (as I normally had my cases called early and will leave the court when the court is still full of "debtors")...

Anyway, there is this guy that said he cannot pay the amount claimed by the plaintiff (a bank)...
and the court actually gave him time to file defence!

What's wrong?

The problem here is... it was not asked of the defendant whether he is disputing or admitting the claim itself!

Cannot afford to pay (tidak dapat/mampu/larat mau bayar) does not mean he is disputing the claim!

When a person dispute a claim, he is saying he does not owe the plaintiff any money in the first place, and that he is being wrong sued in court... accordingly he had to file in defence laying out the facts that show that he does not owe the money!

When a person said he cannot pay, that could mean he is admitting the plaintiff's claim but just simply can't pay!

The magistrates in this case doesn't seem to understand this... and despite being reminded by the plaintiff's counsel to ask the debtor if he is disputing or admitting the claim... the magistrates gave time for the debtor to file in his defence stating why he cannot pay! Sigh...

That was a real grasshopper on the court vacation notice... on the HC Registry's main door!

I thought it was cute and took the picture w2ith my handphone...

Court will be on vacation soon... so little grasshopper, where are you hopping to?

One price a lawyer has to pay is to be thick skinned!

It was my first high court appearance today... yup! OPEN COURT
having to wear the bid and robe all...

The "extravagant attire" aside... I am but a dog (or bitch?) with tail between my legs...

It went well at first:
Me: May it please you, your Lordship, My Name is V and Ms xxx here is for the OR... petition has been served My Lord

Judge: OR, papers in order?

OR: the petitioner did not file in the form in accordance to rule 29

Judge: Ms V?

Me: My Lord, we didn't file in the list of creditors as there weren't any...

Judge: so Ms V, the OR says your papers are not in order, what should you say?

Me: erm... then I will file in the requested papers as requested.

Judge: do you agree to the OR?

Me: yes... ...

Judge: you agree... then you have to get a new date, file the papers again, serve to all parties, who's gonna bear the cost?

Me: ... ... (blur)

Judge: isn't there a rule that says the court can despense with formality?

Me: ... ... (desperately flipping the Winding-up Rules I grabbed from the OR)

Judge: come on tell me the rule number...

Me: ... (panicking)

Judge: Any other lawyer in the court room that knows which rule... tell me

(some one whispered rule 194)

Me: Rule 194, my Lord...

Judge: I will put down here, Ms V invoked rule 194... OIT...

Me: ... (relieved)

Although it wasn't really a pleasant experience, but I come to respect the judge even more. Many knows him as strict and harsh... to me, he has actually given me free and good legal training today... from now on, I will forever remember rule 194 of the Companies Winding Rules...

... made me a very grumpy person!

I seriously don't know if I could hang on till end of this month
and now I was told my assistant will only come first week of April!

If I could survive practive on my own, without my superior and an experienced staff since December last year... I don't really need an assistant already, do I?

Sigh...

Files are piling up on my desk now,
with more piling up on the desk of the "invisible assistant"'s desk outside my office.

I have no mood to follow up on the cases,
no more energy to rush the urgent cases,
and wish I was not in the office at all!

Had lunch also today at Kampar... ordered TomYam.
But it taste... erm
Staled? Or just taste Weird I will find out when I have or not stomach disturbance later...

Total of 8 prawns provided!

Recently inherited this file from my boss which is just a simple SPA matter... matter is simple all right but both the Vendor and the Purchaser are a different story all together.

This is my first experience handling two nasty person (both coincidently are of the female species). Expecially this woman by the name of AL (oh she has a temper)!

She is asking me for a favour and when I try to explain to her (softly, of course) that it's not within my job scope as a lawyer, she raised her voice and yelled at me!

I sure think she has an attitude problem... she doesn't know how to talk to people in a nice way. She could have asked me nicely saying that she's outstation (a fact which was not known to me before she yelled) and ask me if I could help her send the forms to the brother who is also outstation.

This matter has been ding-dong'ing from purchaser and vendor and vendor's brother each telling me different story.

Purchaser said she will liaise with Vendor directly. Vendor will call me asking me why hasn't this and that be done. When I said, her brother told me this and that, she said that's not right. How am I supposed to know which is right which is not between or amongst them when each is giving me different stories?

When she was raising her voice over the phone... I had to take a deep breath before replying her lest my lost my temper and hang up the phone on her!

Anyway, after I put down the phone, I felt that I am being so stupid of being patient with her... here is this woman asking me to do her a favour with raised voice... and I apologise to her! I am such an idiot! I should have told her off "nicely":

Woman, you are asking me for a favour, could you please be more polite!

Arrrrrrrrrrgh... I think I seriously need to learn how to scold people!

Now I think most "happening" (as in it happens again and again) experience I gained from court appearance/attendances is, "stand and wait".

Today, I was at court waiting from 830am to nearly 11am to be called in for a matter wherein the other party is merely asking for an adjornment!

It was hot... there were no aircon, not even chairs... or whatever stool...
I stood there... and stood there... stood and stood... until I nearly fainted!

Sigh...

FYI, when I was finally allowed the privilege of the aircon and a seat inside the judge's chamber... the matter was finished in less than 3 minutes.

Sigh!

And while waiting, I was so bored that I started snapping photo of the ugly sights in the court:

the leaking ceiling

the rat hole

Along with some criminals parade (I don't mean they are an ugly sight la):

Bomb hoax at Court House

26th February, 2008

KOTA KINABALU: Court proceeding was abruptly halted after members of the public and Court staff were ordered to vacate the premises at 10.10am yesterday following a phone call on the presence of a bomb.

District Public Order and Police Traffic Deputy Superintendent Chandra Muzaffar said a team of police personnel arrived immediately after receiving the report at 10.30am that the “bomb” was located in the compound.

According to the Court’s telephone operator, she received the call at 9.23am from a women caller with an Indonesian slang who told her to ‘be careful, there’s a bomb there.’ (hati-hati, ada bom di sana)

Judge Duncan Sikodol who was informed about the matter ordered all staff to vacate the premises immediately.

A bomb squad and a tracker dog searched the area for the “bomb” but found nothing. The Court was cleared immediately at 12pm yesterday.

This is the fourth bomb hoax that was reported since 2004.

First day at work after the long chinese new year break... although there're piles of work... I just don't seem to have to energy or motivation... it was drizzling the entire day... was so cold... I only wish I were at home, hybernating inside my smelly blanket... :)

Tomorrow is another court day... sigh!

At the KK court building, there's this SLA room...

a waiting room for lawyers while they wait for their respective turns to appear before the judges in chambers...

There's a 1-2-3 seaters sofa set with a coffee table (you can order coffee from the court canteen)... right outside the door are rooms to the judges...

nice?

My first participation in the Penguin March of the Year...

It was SO HOT!

Imagine wearing three piece suit and with the Robe some more

and walking under the hot morning sun of Kota Kinabalu with clear blue sky...

With spectators "looking" at us as "tourist attraction"...

"the Penguins are marching!"

Our reward? Just food...

And I mean fast finishing food...