i. hate. conveyancing.

I am up to here *gestures* with doing conveyancing matters.

HERE, I tell you. *gestures even more passionately*

No teacher, no guide, no instructions, no one to fall back on when I'm in a mess.

Mess means either completely clueless as to what to do next, or completely clueless as to what to do NOW.

I'm in the middle of drafting a legal opinion (on terminating two agreements and the legal repercussions thereafter), a reply submissions to an Order 14 application (Plaintiff wants to enter judgment against my client without going for trial) and an affidavit-in-reply to an application to stay my client's Order 14 proceedings pending arbitration (Defendant is trying to stall for time and wriggle out of the suit by resorting to arbitration).

I ask you, with all that:-

Who on earth has time to call this Financier and that Financier and deal with questions like, "Has your client obtained Foreign Consent to transfer?" and my own questions, like, "Hahhh?" and "Foreign con-the-what?"

People who say one can do litigation and conveyancing at the same time have obviously NOT done it, or have extremely efficient and reliable clerks who don't bully you into doing THEIR work.

I. Hate. Conveyancing.

For the above reasons.

11pm.

My best ideas for drafting a pleading, affidavit or submissions always come at night.

I love thinking up best ideas,
I hate staying up at night.

How? How?

Yawn.

just not suited to each other.

http://legal-malaysia.blogspot.com/2008/06/non-muslimim-divorce-proceeding-brief.html

I don't know which is sadder - how people get married without understanding the implications and sanctity of marriage, or how people who got married without understanding the implications and sanctity of marriage decide to destroy it for the tiniest reasons.

You can't "undo" marriage. Marriage is a commitment you made to each other, a vow you took to journey with your partner through thick and thin, a promise to love your partner regardless of the circumstances you find yourselves in.

I'm not talking about people who seek a divorce because they were cheated on or abused by their partner. I'm talking about people who seek a divorce because the toothpaste issue was the last straw, or he's beyond change because he can't put the toilet seat back down, or because she just can't clean up after him or do his dishes for him anymore, or simply because they argue more now than they did when they were dating.

Buruk siku. 

Meminta apa yang sudah diberi.

You gave something away and now want to take it back. 

Few people think of divorce that way. 

But that's exactly what it is.

Buruk siku.

captain obvious.

Maybe it's a pull factor for people to look at the trophies. Lol.

waging war.

Don't you think it's a bit ridiculous when I have to wage war to get my EA Form?

Nowadays "I don't know" is a good excuse for anything.

Anything, I tell you.

instructions

Did you know that lawyers can't do anything without their client's instructions, no matter how urgent that thing that needs to be done is?

For example, if your client has lost a matter in court, you think the judge's made a really silly decision, and you know your client has a really good chance of winning the case if he appeals... you can't do a thing if he doesn't want to appeal. Of if he's been sitting on the matter even after you told him he needs to appeal within 2 weeks.

I was reading an interesting article in the Praxis law magazine yesterday, about rediscovering the traditions of the Bar by GK Ganesan. 

On the robes we wear in the High Court, Court of Appeal and Federal Court:

"The mysterious piece of violin-shaped cloth attached to the left shoulder [of the robes] has obscure origins. One hypothesis is that it represented a moneybag. According to this legend, since barristers would not openly ask for fees, clients placed the cash payment into counsel's pocket, literally behind their back, so as to preserve their dignity. The reasoning was that if barristers could not discern how much they were being paid, then the quality of their advocacy in court could not be compromised."

...how we introduce ourselves in court:

"Once an advocate puts on his or her gown, he or she is of the same rank as any other barrister standing in the well of the court. ...a recent circular by the Chief Justice of Malaysia calls this to mind: it directs counsel not to introduce themselves or refer to judges with certain kinds of designations, and not to use any distinguishing title."

...on being called to the Bar:

"On the day of [the pupil's] Call, the pupil will rise before the judge. He will have in the crook of his arm, the robe, but will not yet be entitled to be robed or to address the court. ... After a short speech by the mover, the judge will then admit and enroll the pupil as an advocate and solicitor. What follows then, is an interesting tradition that is not found anywhere else in the Commonwealth. The pupil master, attired in open court dress, advances to the well of the court, and robes his pupil. ... the Bar Council ... determined that only a pupil master would have that privilege."

Did you know that the legal profession is called the "honourable profession"? (the medical profession is called the "noble profession")

Despite the collapse of public faith in the judiciary (and by an unfortunate co-relation, the legal profession), and despite the many why-am-I-so-underpaid-and-I-don't-want-to-work-anymore moments, I am still proud to be an advocate and solicitor. I still sense my calling as an advocate and solicitor.

I still feel indebted to this society that I am trying to serve. 

I can still hear the words of my clients ringing in my ears - "Thank you, thank you so much..."

And I am still so amazed at how my calling as an advocate and solicitor reflects my calling as a child of God.

As with our clients, we do not move without His instructions. The difference is we can trust that He knows best. Unlike some clients who are just procrastinating, He is waiting. Waiting for the right moment to act.

As with our clients, we serve our God. With service comes both joy and sorrow, satisfaction and frustration. The difference is we can trust that we serve a good, just, and holy God. 

Just as I'm proud to be a member of the Bar, we are proud to be members of His kingdom. The difference is... this kingdom and its works last forever.

It all sounds very wonderful, but it's also very difficult to remember.

Sometimes I wake up at 3 in the morning thinking about the work I haven't done. One time I even had a nightmare about erasing something I scribbled on a client's cause paper (kept erasing, but couldn't get it off). I complain a lot about my pay. I curi tulang sometimes. I've said a number of times that when I've had enough of being a lawyer, I'll go apply to be a clerk. Easy money easy life. Lol.

But these feelings don't make the profession any less what it is.

I know I feel the same way about church sometimes. 

Sometimes I go to bed thinking how terrible this and that person is. One time I even dreamed I was telling someone off for being immature and uncooperative. I complain a lot about the attitudes and the lack of progress in church. I curi tulang sometimes. I've said a number of times that when I've had enough of receiving tai-chi, I'll go do some tai-chi of my own. Easy come easy go.

But these feelings don't make God and His church any less what they are.

Those are my weaknesses. And I'm thankful for second chances. 

What about you?

Have you lost sight of what you do and why you do it?

tai-chi.

Frankly, I was amazed at the amount of tai-chi going on at the meeting. 

Especially since we're all well-acquainted with the fact that we are called to "be good examples to the flock", "lead by example", and "share each other's burdens". 

I think it's really sad to find yourself in a committee just so you can support that one person you think has the potential and the will to grow.

Oh well.

The work must go on.

The challenge is to not fall into the trap of "you do, I also do, you don't do, I also don't do".

It's a great struggle, isn't it, to not become the very thing you despise?

Father, set my heart aright. 

Make it a fitting home for You.

*demand*

I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT I WANT

Welcome to the service industry.

trial.

Yesterday I attended a trial with three parties and four lawyers - the Plaintiff and his lawyer, the Defendant and its lawyer, and the Third Party and its lawyers, i.e. boss and me. 

Boss let me conduct most parts of the trial, stepping in only when I really needed help.

I watched the lawyers as they joked around about kangkung before trial.

I smiled as my boss gave the other lawyer hints about procedure during trial.

I observed their passionate but civil debate about whose client was in the right or wrong over lunch. 

I listened as they commented on my performance. 

I huffed and puffed as we climbed the court's steep (to me lah) flights of stairs to the top floor after lunch for another round of trial.

Today, I received news that a pupil-in-chambers's petition to be called to the Bar was struck out because members of the Bar objected to his admission as an Advocate and Solicitor. The pupil was deemed unfit to be an Advocate and Solicitor because he had previously been found to be an uncredible witness who had tampered with evidence and abused his power in a previous matter.

Despite us being the butt of jokes and the "lawyers can't be trusted" I hear every now and then, 

I must say, 

I'm proud to be a member of this profession.

And I'm especially proud to be a member of the legal fraternity in good ol' Malacca. 

People say nothing ever happens here, 

but I say everything I need to be a good lawyer,

is right here.

=)

powerful thing.

it's a powerful thing - 

when you first experience the death of a friend you've been praying for.

it's been almost four years, but i still feel it today, although i know he's more than ok where he is now.

to date, three of my friends have passed on. 

news of death does something to you. 

a tiny gasp, a slight choke, a tear, a deep breath, more tears, deeper breaths.

kinda puts things in perspective. 

these eyes were made for greater things than seeing the faults of others,

these hands were made for greater things than temporal things, 

these ears were made for greater things than listening to gossip, 

this mouth was made for greater things than slander, 

this heart was made for greater things than grudges, 

this soul was made for greater things than Earth.

because the God who made them is greater than what our puny minds can imagine. 

was never a fan of resolutions. became less of a fan after i worked through the new year.

things aren't great where i am, especially in mgc. 

but you know what?

i have a duty to honour not only my God, 

but the memories of those who have returned to Him - 

His servants, my friends and fellow labourers. 

i have a mission to accomplish before my own return is due. 

no time to be miserable. 

no time to whine.

no time to mope.

no time to waste.

Father, 

let the harvest come.

favourite client.

Ok, I admit it. I have a favourite corporate client. 

The people there are always so nice, even if they're called to court to testify because someone dragged them into third party proceedings.

I always feel better after a chat with them.

Kinda changes my mind about people affiliated with the government.

=)

brain-fall.

I wish people would stop calling me when I'm working on submissions. 

It's like my brain dropped out of my head and I can't think anymore.

"Hi Lim, how are you today... hehe =)"

How am I?

Prayer meet tonight - can't wait to hear the first mini-sermon for the meet by Kenneth.

Musicians roster for Jan - Jun 2014 still not done, waiting for various parties' confirmation.

First Teens Club meet on 11.1.2014 afternoon, supposed to welcome the teens back to the Club. Nothing moving yet.

First Young Adults meet on 11.1.2014 evening, I'm in charge of backup games. (oklah, making people play silly games is fun for me)

Submissions due on 13.1.2014, the same day as the hearing date for a summary judgment application against our client.

Affidavit in reply due on 17.1.2014, must be sent to client to be affirmed by 16.1.2014 latest. Oh, and we haven't done the meet-client-to-decide-how-to-reply part yet.

Trial on 15.1.2014, I'll be counsel this time. (Whee! and Eee!) 

Wedding stuff (this one quite fun).

Bankruptcy notices not prepared yet because of the backlog caused by a certain clerk.

How am I?

I was feeling awful until that message came in.

Love-hate relationship with clients - they bring us trouble, but without their troubles, our profession holds no meaning. We're like the man of the appalling trade in Emily Dickinson's There's been a Death, in the Opposite House. maybe that's why we dress like we're going to a funeral.

Anyway.

Today's relationship is one of love. Thank you, dear client.

"no use crying over spilled milk"

most of the time, it's not about the milk.

it's about the fact that someone else spilled their milk all over your floor and won't clean it up.

when...

...your office boy doesn't file an important document although you told him to

and doesn't tell you until 4.45pm when you text him

the commissioner for oaths refuses to attest to your client's signature 

because the court registrar has been harassing him

no commissioner for oaths is willing to stay past 5.00pm for your client

you have to go to court at 8.00am tomorrow because of someone else's mistake

you only have a small window of 15 minutes because your client has to be off to Sepang

you walk in the rain to get mixed rice for your grandma because she won't eat anything else

you get back home to find she's moved several items in the home

and you have to move them back

you take in the clothes and fold them

you have a nice dinner and conversation with her thinking she's finally normal

you talk on the phone with your mum for 2 minutes

she's away in KL with Dad 

you've got to do some chores

then you think you might want to get some work done

you even brought some files home

and then your grandma's washing her polystyrene packet in the sink

you take it away from her to throw it away

open the thrash can

to find she's peed into it

and the other one too

you ask her why she did that

she answers, "Do means do already lor"

.

.

.

i think i discovered the true essence of the saying, 

"this is the last straw"

we have an important meeting today

and of course my clerk didn't do the work I told her to do for this meeting.

i'm sick, 

i'm tired, 

i'm sick and tired of straws.

thank God for family, 

the fiance who helped me clean the thrash cans, 

and tonight's birthday cake.

I have GOT to...

I have got to learn to deal with phone calls.

For that matter, I have got to come up with a skema jawapan for the question "Hi, how are you?"

Maybe tell my life story in 100 words or less. Hm.

Why do people ask questions they don't really care to know the answer to anyway?

hairdresser lawyer.

just because lawyers are in the service industry doesn't mean you can treat us like your hairdresser ok.

-_-

Longest sentence in the world

"The respondent did not allege in his statement of claim that there was another breach of duty on the part of Mr. Hilborne or his firm in failing to exercise the care and skill that any reasonably careful competent solicitor would have exercised by advising him that he should be ready able and willing to complete on the terms of the alleged contract of 9th April 1963 whether or not he had signed the alleged contract because it was a reasonable interpretation of the contents of the letter of 20th May 1963 that the vendor would either give vacant possession on completion or was bound to give vacant possession if there was no term in the alleged contract of 9th April 1963 expressly stipulating that the sale was without vacant possession or subject to tenancy."

-- Per Wee Chong Jin CJ in Ke Hilborne v. Tan Tiang Quee; KS Chung v. Tan Tiang Quee


(wonder what it would sound like if he spoke it)

Rule #2 of Legal Practice.

(not that I'm actually already practising, but you get what I mean)

Everyone lies. 

Ok.

Maybe that was a bit cynical.

How 'bout...

Don't believe everything you hear.

Let the documents speak for themselves.

But don't believe everything you read either.

Be prepared for surprises.

Everyone has those clients.

They either tell outright lies, 

hide things because they think they know what they're doing,

think they're telling the truth but aren't, or

think they know but don't.

You can be so convinced of your case one day, and totally undone the next. 

"Surprise!"

Not fun.

Some have met *'bad learned friends', as Chelsea put it.

They either tell outright lies, 

hide things because they know that will win their case, 

teach their clients to lie, 

butter up the judge when everyone's looking, or

stab you in the back when no one is, 

or maybe all of the above.

I used to think - if everyone just played by the rules and seek the truth, the way we're supposed to, then we can be proud of our legal system. And maybe people will stop telling lawyer jokes. (ok, this one is a bit far-fetched)

But now I think - Ok, people are not going to play by the rules. So what do I do?

I do occasionally come across lawyers who wear integrity underneath their robes. It's refreshing, really, to be able to look at a lawyer in court and not have to worry that he's lying through his teeth.

It's also refreshing to meet clients who prove that they are honest people making a genuine claim in court.

It's refreshing to not have to stop myself from saying, 

"Yeah, right," 

"Yeah, whatever you say," 

"Yeah. Idiot."

It can be quite confusing sometimes, to be skeptical at work, five days a week, then go to church and trust. Trust that I can trust my brothers and sisters in Christ.

Trust that I can trust.

I think that's why it's important to trust Him day after day. 

Not just after TGIF Day and before Blue Monday, 

but every day of the week, 

from Blue Monday to Blue Monday.

It's easier to trust that way.

Because in the midst of all the untrustworthy people I meet everyday, there is one who remains steadfast, come what may.

*Lawyers refer to opponents as 'learned friends' in court.

strength for today, bright hope for tomorrow.

Great is Your faithfulness
O God my Father
There is no shadow of turning with You
You change not, Your compassions, they fail not
As You have been, You forever will be.

Great is Your faithfulness!
Great is Your faithfulness!
Morning by morning, new mercies I see
All I have needed, Your hand has provided
Great is Your faithfulness, Lord, to me

Pardon for sin and a peace that endures
Your own dear presence to cheer and to guide
Strength for today and bright hope for tomorrow
Blessings all mine
With ten thousand beside!