Tuesday, January 25, 2011

The true colour of court practice

Chinese New Year is coming.. This year will be different from the last few years. Previously, I used to have my student's style of CNY celebration: having at least a week of vacation, buying new clothes without much thinking,paying several visits to relatives' and friends' place. After graduate, life have become so much different. Always lacking of time doing things like we all did in campus life. Now, if I'll have free time, I'll rather get enough sleep, keep fit and to enhance self-competency in order to survive among the competitor and to maintain legal profession. No more day dreaming, no more slacking with friends... everything has become so material that will definitely has its purppose which should be useful to certain aspect of life.

Although there will be 6 days CNY's holidays. But, in view of a week of trials that commenced right after the CNY, such holidays turn out to be the precious moment of preparation of trials, it might be the most pressure CNY I'll ever have in my life. What a sad thing it is? Despite of the stress holidays that the law practitioner always have... we also have to bear with those who deem expert but in fact not, in the court. Especially the lower court.

I was assigned a JID file appear before the Magistrate today. I've been through a
series of hurdles there. Once the crazy Mag knew that I'm a pupil, she starts being fussy, tricky and deliberately to embarrasse me. She suddenly ask me to produce something that is unneccessary and I don't have. It ends up the second prayer was strike out. After this experience, I was a little discouraged by the Malaysian court system. And start feeling annoying to see their face. Why should I bow to an arrogant stupid? Why should I keep on stressing the words "with your permission"? Why should I still say "thank you" after have been scolded by a stupid? All these seem radiculous to me and I suddenly feel that those practice are uncomfortable to me.
Is this field suit me?

But when I think further,all these are the skills and profession that we need. Litigation is all about the dispute resolution. Dispute that not only between the parties in a contentious matter but you can easily get involved in everyday dispute which is inevitable: among peers, colleagues, superior, inferior and family. This is an art of communication and then, the way to reconciliation. In this point time, I just cannot believe that I can change my view within a second...well... sometimes, we shouldn't be too assertive, to me, everything happens with its cause and there must be something for us to learn. So, just don't afraid of failure, this is how life is moving.

Friday, January 21, 2011

TP Trial day 6

Please do not misunderstand by the caption, this is not a notes of proceedings. Hee.. I think I'm too into the trials that I've been through this few months. Ya.. today is another trial for TP and that is the 6th we have, and that will be another 2 or more days for the continuous trials. As usual, I arrived at court 45 minutes earlier just to avoid being caught by the traffic congestion. I was then spend this short time in court's cafeteria, having a cup of lime tea, running through the notes and to re-call certain important issues that will help my master during the examinations of witnesses.

By 8.30 a.m. sharp, I've entered High Court 2 pulling my bauky trolly that is cumbersome. "Good Morning!", my Master is greeting me as usual in every morning, but today is a little bit different, because he said that with a big smile :) Well... a good signs indeed. He looks like more confident than the previous trials, to me, he is well prepared, indeed he is. After all the defendants counsel and the witnesses are arrived, the court started at 9 a.m. The cunning witness, Mr Ho was called to the witness stand again. As expected, he was hostile and uncoorperated as what he did on the last ocassion. But, his attitutes and reactions to the questions that posed to him was apparently showed that he is trying to cover and to circumvent the questions. The more elaboration he gave the more the contradiction to his credibility in this case.

After almost 4 hours of battle, the judge decided to stand down the matter and adjourned it to the next trial day. I believed, that is the outcome the defendants are looking forward to, because the scenario and the witness' performance is not in their favors today. 12.30 p.m., master treating us lunch at pan pac and of course discussing the trial. As expected, he asked me to assess judge's position in today trial. I've been very frank to him and said that the judge was not with us initially, but his attitude changed when the witness start contradicting himself by his exessive explaination, His Lordship even ask to continue the proceedings regardless the defendants' proposal to adjourn or the objections from the defendants. My assessment was eventually pleased my master, and that is what he wanted from me. Well, just to be clear here, I was saying that neither because of wanted to please him nor knowing that he likes to listen to that kind of things from me. Such assessment is purely based on what I've perceived to what had happened through out the proceedings, plus the experiences that I've gained from the previous proceedings.

One thing I couldn't understand is that, he will definitely ask me a question: "So, do you still want to practise since there are so many uncertainties during the trial?" And my answer will always be: "Of course I want to!". Well... actually, I posed that question to myself many times before he posed the samething to me. My confidence did shake at one point of time when I've been considering it thoroughly. In this country, the judiciary system seems challenging to me and those young lawyer and majority of them ended up to opt leaving this field. It is undeniably that I might be one of them in future, but, I don't wish to give up before I could expose myself more on this field. This is the profession that I'm looking forward to expose and to perform because I think I have the potential to be a good lawyer, and I'm now keep improving myself which I think was so evident that not only I've disocvered it, even I think my boss should have discovered the same thing from me. If he does concern on me as his pupil. Another thing is that, I love making something impossible to possible, and I like to see how a miracle will happen to me, because I'm a girl who enjoy the process to the achievement and success, which is something I'm got to be proud of and something that near my dream.

Sunday, January 16, 2011

New week, new start.

It was a fruitful weekend I had have with my family. I've spent my Sat brought my mom to our new house cheking the installation of bed doors. Then, we back home to fetch Grace for brunch. After brunch, we went to visit Hua aunt by picking her up at her work place where I was alomost lost my way. Fortunately I was still able to find out the right way to her office based on my recollection of Pelangi's route. Then we went to have lunch with dim sam while chit chatting our recent life. To ours surprise, the just married cousin sis is going to give brith her 1st baby son this coming Feb without any one's knowing. This reflects we hadn't contact to each other quite a long time until we do not even know when the cousin sis was pregnant, then I suddenly feel that it is so important for us to spend time with family and at least to know what each other is doing.

On the same day in afternoon, I received a call from YTHT. It was a miscall. When I called back, Kak Su informed me that YYP was looking for me because he want to confirm my car plate number. Confirming my car plate numbers for what? I start finding his intention is interesting. Was it a signal of want to retain me? Kak Su didn't want to disclose more when I was trying to ask her why. Or maybe I've been thinking too much as if YYP want to retain me? The next thing that I was and I'm now thiking is what if he really think so? Am I going to allow myself to be retained or I should start bargain with him about the salary? What should I say if he is asking me for retention? How am I going to reject him with courtesy if I don't want to continue in his firm? This is all about the art of communication and I do really hope I can master this well. Whenever I'm thinking further on this issue, I have a strong desire that keep asking me to stay instead of leaving. But, my foresight keep signal me to look for a better one. This results in my dilemma.

No sooner, I realized the reason of my intuition that wanting me to stay, and that reason puzzle me. I've sense something went differently in term of my feeling to him. Instead of saying that I want to stay due to I prefer my current work place and colleagues, I shall admit the main reason is because of him. I don't know since when I've developed a kind of feeling which I don't wish to describe, and I also don't know how to describe it, I'm just couldn't bear to leave. I know this will definitely surprise my frinds and families who always listening to my crab to him, it is also very hard to convince myself about the change, from grind and bear with it to just staying at where you were being appreciated and felt gratitute to someone who teach you. All in all, I think I'm not mature enough to virtualize what I really want in my career. I have enough to all these nonsence feeling which going to ruin my thought and future. I should be more rationale when considering my future career. No matter how, I should always remember to think wisely and express my views with courtesy.

If he will ask me, "How do you think through out your half year of chambering?" I should possibly reply him about my views of litigation practice, my views to this firm, bosses and colleagues, my wishes of my future exposure so on and so forth. I hope that I could present my views in a more relaxing way that enable me to express what I want and what my direction is.

Wednesday, January 12, 2011

我已沉沦了半年了吗?

今天打算用华语来表达我最近的心情。半年咯,不知不觉的我已经当了实习律师半年了, 而最近每个人遇见对方都会采用一样的问候语:“嗨!怎样了?会留;会走?”这类型的问候语有时让我很懊恼,为什么会懊恼呢?答案是很简单的,那是因为自己还拿不定主意。自己的扭捏和犹豫不决真的带给我不少困扰。还有三个月就开始我的律师生涯的我,是很应该改掉这种陋习的,不然怎么能成为一个果断有思想敏捷的律师呢?我的犹豫不决其实都来自于许多矛盾的因素。说真的,我一方面害怕别人那类型的问候语,一方面却又很想要从他们之中知道一些好介绍,另外还有一方面就是太过于念旧,非常之舍不得离开现在的工作环境,我懊恼,懊恼自己那该死的念旧情怀,懊恼为何总是提不起勇气做决定,懊恼自己总是跟钱过不去。。。我总是很难理解一个事实就是,师徒和同事之情可不能当饭吃呀。

最近也觉得老板们怪怪的。尤其是老杨,不知从几何时,老杨跟我讲话时变得很扭捏,跟他在庭上是两个人。他今天也问我关于Long Call 的日子和最近实习的状况,听起来,他应该是要针对一些事情并要跟我讨论的,看起来就是他说不出口的样子,有点好笑。但是,能从他嘴里说出的,只有两件事的其中一件,那就是他不是想要留我,就是想要用更婉转的方式要我走。然而,我的心里早已为第二个选择做好了准备,只不过想要更明确一点。其实,不需要更明确的,读法律适度知道有一总原则叫做 Implication by conduct, 不用什么事情都说的明白的,态度和一些颇明显的表现是能够说明一切的,干我们为您这行的总是要比别人察言观色的快,要在别人还没说明前,就得先知道别人大概会采取什么行动,或者在别人的角度想别人会说和会做什么,这些我还是有两下子的。其实我也不晓得为何我会那么在乎别人是否留我,如果我会多为我的前途着想的话,这个根本不是什么难题。我想。。。我太爱面子了,想深入些,才发觉到自己很幼稚。

坦白地说,我的内心早就有了很明确的答案,那就是走。但就是因为太执着和放不下。我在乎的,其实是我希望别人会先留我,然后我再吊起来卖,卖不成,才骄傲的走。但,事实中是无法如愿以偿,我不开心,因为我根本没有吊起来买的机会,反而是被人抛弃的成分多一点,这样一来,心里开始觉得空空的,不是滋味。我也很好奇为什么25的我,思想会如此幼稚。。。是时候最个决定了。如果老杨真的能够感应到我的心情的话,他大概明天就会套我的话,给暗示,或要答案了。其实,为什么我会这么说是因为,在我实习这么久以来,我发觉到,其实老杨的性格跟我有点像,哈哈。。他是我的长辈,应该说我的处世态度,对人的态度,喜好,跟他都有些像似。虽然说他说话总是直肠子,也很爱讽刺(就是这一点有些像), 但是都不是没有道理的。我嘴巴说他多讨人厌,但每一次冥想之后,杜绝的他说的度超有道理的,我很矛盾吧。觉得他很有道理还不用紧,慢慢的会开始仰慕他,觉得他是在很厉害。 为什么一个年一般百的人能够如此活力充沛,到处公干,面对挑畔者会如此从容不迫,永远笑脸迎人,但深谋远虑,不让别人知道自己在想什么。。。这些都是让我佩服的。就是因为他这么一位让我敬仰的师傅,才让我觉得依依不舍。可能你可以说我贪心,想要在他身上多学点吧!!

说到这里,又让我回忆起许多公司里的趣事儿了,哎呀。。。。更没勇气离开了啦!! 我怎么总是这样啊??好气自己哦!!希望我能早日开窍!

Monday, January 10, 2011

People who know to express something in FB meaning he knows what his live is all about.

Whenever I'm opening my FB, I will definitely read a lot of status posted by friends and also the unknown friends. Previously, I will use to do the same thing like them, posting sentences or words to express my daily's feelings on FB's wall. We called this thing as 21st century attitude of communication. I found that people in this century use to communicate by implication and hints, the way of how people are communicate to each other is in the seemingly direct but implily being expressed via method, such as internet today. But, for those who knows to express their feelings well on the FB's wall are those who knows to live their life, I think. Because, they clearly know what they are doing everyday and they cant wait to share what they did with others, that attitude to me is positive and they are cofidently living their life in such a way that they are so happy to let people know how they live and how happily they are enjoying every second of life.

I lost this habit since I've started my chambering. Maybe I know I have nothing worth to share with others about my life. I don't think my life is unique enough to attract people's attention on me, and I don't need those attentions. Somehow, even I don't express anything, people seems like interested in knowing me and they have somehow created rumores for me. This is quite annoying, but in certains senses, it also meant that I'm popular, haha... Well, something serious to be considered recently. I felt puzzling in making choices, actually, I should say I'm facing what has been decided, or we can called it a reality. My observations told me that my boss is not going to retain me because I cant see any signal showed that he will retain a hopeless person or a potential lawyer burok like me. So, what i should do now is to find out a more potential me to be matched with a more potential firm. Time is precious to me, I should think more about my future instead of caring for those people who end up might not worth to work with.


People are realistic, they will not bother you as you don't have something to make use of, so they will just treating you like a fool, feeding you or give a little benefit by one or twice sumptuous lunch cannot make me a fool, even if it is, it will only be a short period of 3 more months. I just want me to wake up, i think I was too indulge in my own nostamania. I should learn how to let go and seeking for the better future that is belong tome. I wanna live for myself, not for others. I've met many law practitioners while wasting for nearly 4 hours in court today. Only then I found that, litigators are those who like wasting times for unnecessary waiting. Haiz.. what is the purpose for me to be a lawyer? Is lawyer a professional in waiting?? Or a professional in strking the balance of justice? Sometimes, I felt quite fareup in court, wearing smartly but going there to see the TP's pig face by spending hours of waiting. Am I going to watse the rest of my life by wasting times for the unnecessaries' waiting? What am I waiting for?

Monday, January 3, 2011

A sumptuous lunch!! ^^

"Knock, knock!!", as usual the door opened after two quick knocks, I know there is someone coming in the room but I was too concentrated on my letter on the screen. Then I realized the ambience became weird because that person remained silent after entered my room. That moment of silence caught my attention to see who the person is, and that he is, YYP. He then asked me with a doubtful eyes and a smiling face that why I didn't realize he is coming in? I know it is quite awkward and it seems like uncourteous to him at that moment, but I'm really not aware of is him, because I normally doesn't pay much attention on fellow collougues who entering my room picking files and looking through my window. Ha, I seemed like too long winded, but it is truth that I wasn't conscious.

He then happily make a japanese lunch appointment with me by saying that " 12p.m., Japanese". Frankly, he have somethings that really intrigued me. He was and is a smooth talker in and out the office and court, but he seems to be unsmooth when talking to me, especially when seeking help, inviting me for lunch or wants me doing things in his favour. Whatever it is, we have spent one and a half hour for a sumptuous lunch at CS Picachiu, and I will consider it as a most delighful lunch I have since my chmabering.

Nevertheless, he is still my boss. I was once indulged with his generous to his staff and humorous during lunch, that moment really the most pleasure, unstress and relaxing moment with him, but happy time is always short-lived. From what I know him, after he has been treating us nicely, maybe this should only directed at me. Then, it will be another reproach or reprovement for me. So, whenever he is treating me good, I will have to keep reminding myself that "He is my BOSS", his face changed once step into office and works. After Sushi all that, his expectation and standard to me will never change.

Today, I also "amazed" by my extraordinary slow's speed to complete a simple letter by using a whole day. Am I crazy or what? I was like a patient suffering a serious "slow-in-doing work" disease. I should not be like that, I must complete tasks within a shortest time frame so that I can only compete with others after called. I also worry about Mom who seems like suffering Amnesia, she is not able to recall certain things that just happened not long ago. Just wondering how to help her, or whether there is any efficient mothod to cure her? Afraid....