Wednesday, November 30, 2005

Culture?

It was the office environment that allowed me to be able to had an online chatting with a friend in China. She was complaining about not being able to adopt to the Chinese culture and she will not compromise to it. I was curious of what sorts of Chinese culture that she was referring to as it should not be too difficult for a Malaysian Chinese. After much dicussion, I was confused by the term "culture". So, yes. I was pondering of the meaning of "culture" ever since the question posted in my head.
Here is what I got so far:

CULTURE:

The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought.
These patterns, traits, and products considered as the expression of a particular period, class, community, or population: Edwardian culture; Japanese culture; the culture of poverty.
These patterns, traits, and products considered with respect to a particular category, such as a field, subject, or mode of expression: religious culture in the Middle Ages; musical culture; oral culture.
The predominating attitudes and behavior that characterize the functioning of a group or organization.
Intellectual and artistic activity and the works produced by it.
Development of the intellect through training or education.
Enlightenment resulting from such training or education.
A high degree of taste and refinement formed by aesthetic and intellectual training.
Special training and development: voice culture for singers and actors.
The cultivation of soil; tillage.
The breeding of animals or growing of plants, especially to produce improved stock.


Biology:
The growing of microorganisms, tissue cells, or other living matter in a specially prepared nutrient medium.
Such a growth or colony, as of bacteria.



USAGE NOTE The application of the term culture to the collective attitudes and behavior of corporations arose in business jargon during the late 1980s and early 1990s. Unlike many locutions that emerge in business jargon, it spread to popular use in newspapers and magazines. Few Usage Panelists object to it. Over 80 percent of Panelists accept the sentence The new management style is a reversal of GE's traditional corporate culture, in which virtually everything the company does is measured in some form and filed away somewhere. • Ever since C.P. Snow wrote of the gap between “the two cultures” (the humanities and science) in the 1950s, the notion that culture can refer to smaller segments of society has seemed implicit. Its usage in the corporate world may also have been facilitated by increased awareness of the importance of genuine cultural differences in a global economy, as between Americans and the Japanese, that have a broad effect on business practices.


Therefore, I am making the conclusion of the meaning of "culture" as follows:

1. Going to Pub after work is one of the English culture.
2. Gambling during Chinese New Year is one of the Chinese culture.
3. Drink chinese tea is one of the Chinese culture.
4. Go for walking during Bank Holidays in England is one of the English culture.
5. Go for holiday once a year is one of the English culture.

However, it is important to distinguish between "culture" and "bad behaviour".

Tuesday, November 29, 2005

Office...

In the early morning, I am questioning myself : "who am I in this office?"

You won't believe that the clerks are chatting outside while I am sorting out some exhibits in my room. These works are suppose to be done by them, including all the photostating and binding of documents. However, they are now downloading music, listening to music, chatting about fashions, nails polishers, you name it.

Why am I involving myself in this kind of environment? I found even the clerk in Tawau are living a better life than a lawyer in KL. At least, few weeks ago our office boy spent us some drinks (milky tea) and food. Unlike me, I am sure they don't owe any financial institution any money.

So I wonder if I am suppose to live like them instead...

- upset -

Sunday, November 27, 2005

Lawyers v. Clients

I was always think the lawyers always uphold justice until I experienced the pain of a life as a lawyer.
Some terrible clients, I am not sure if they are rude, proud and stubborn in nature they know everything better than a lawyer. Besides, if you ask them why do they need a lawyer, it is simply because lawyer is a 'tool' for them to make money. After all these years of sweating over all the reading, researching persuing myself to own a degree or a Bar, I am really disappointed of being known as a 'tool'.
Clients think as long as they are the lawyers' client, they have all the rights to ask the lawyer to do whatever they ask for. They think they are the smartest creature in this world. The treat lawyers the same ways they treat their clients. If that is the case, I really do not understand, why didn't they do all the works themselves then, if they think they are so smart.
There is something I encounter this morning. I was drafting a summary judgment application for a company. Due to lack of documentation and inaccuracy of all the documents in my possession, it is difficult to show the court that there is no triable issue. With that, my application can be thrown out and we might need to go through trial. Hence, thinking for the best interest of my client, I requested the necessary documents from the person in charge by email ( so that I can have a proper record ). He called back with a very rude tones of his voice, asked why do I need it for. I am kind of being offended think "why? Are you checking my work and my competency?". With that kind of question, I HAVE to answer him as if he knows everything. So, I thrown in all the legal works into my conversation. I am sure he felt very angry and offended and he said me to be specific of what I want. I told him once more time, and he put down the phone, not very happy I presume.
*************************************************
I was working with a firm in Kuala Lumpur, came across this company in Tawau, where I was told by my colleagues that they are rather stupid although they always acted like they are the smartest. Since I was dealing with the matter, I paid very few attention into it. Not until I came back to Tawau, where my firm is also being engaged by them. I started to realise, they are indeed, STUPID, but act like they are the smartest.
Now, I started to realise why one of my senior lawyer in my previous firm told me and even taught me to scold the clients if they are stubborn and think they are smart. I really thankful for those who taught me how to scold those kind of clients. Otherwise, I found it too difficult to handle this kind of works and/or clients.

Friday, November 25, 2005

My Friend...

I was being invited for a wedding dinner last Monday by a friend. She does not have a lot of friends in Tawau today. Therefore, my attendence was quite important to her. I met a couple of friends at the dinner. Some of them were surprise seeing me. That, has brought my thought back to where and when I came to know this friend of mine. I knew her in 1988. Ever since then, we have been quite close. I know every of her family members. We shared lots of joy, sadness, painful experiences with each other for the past few years. She has been around whenever I need her, even during my university time in England. Though I am not VERY close to her, but I realise, she has been a good friend and she is always encouraging, comforting and gave good advices. It was not easy bringing up her spiritually, but it's very encouraging to know that God is always in her heart and she married a christian husband.

I used to ponder why God created FRIEND. It is this friend that made me realise the important of a friend and how to become a friend to and for others. She is leaving to England today with her husband. Due to various of reasons, I don't know when will I meet her again. ...

But, yes... she is MY GOOD FRIEND always!

Thursday, November 24, 2005

Selfishness...

Ever since I came back to Tawau, Sabah in the early October this year, I had done a few divorce cases. I told my parents, I never done any divorce cases in Kuala Lumpur before, but sadly, I now realise, the divorce is very 'popular' in Tawau, Sabah. Suprisingly, lawyers in Tawau need not sweat in drafting most of the divorce petition, simply because those who want a divorce petition granted, know exactly what they need to do.
Early this year, a friend in U.S.A told me a situation of one of her friend whom got married with a Malaysian lady about a year or two ago. Without knowing the cause of it, the lady left him and went back to Malaysia, without telling him before hand. He is deeply sadden by the incident and asking God why is that so. I was told recently that the girl is now working in Malaysia, asking for a divorce from her husband in U.S.A and even using excuse like : "I don't want to be with you anymore because you are not a devoted Christian."
Last week, here in Malaysia, a friend told me a friend of mine also asking for divorce lately and claimed that her husband does not give her any freedom and caused her not being able to further her studies oversea.
Of all these news and example, I started to ponder and wonder, what causes all these to happen in the first place. I think, it is the word "selfishness". People in this world now is more concern about themselves rather than others. And more so, they don't even know how to 'concern' about others. Man usually love to 'control' others rather than 'concern' for others. Women think 'concern' bear the same meaning as "ke poh". WE all think for ourselves and our well being, not others. And I think, this is not suppose to be according to a bible context in terms of what a husband and/or a wife should be. Sadly, many do not understand this.
TODAY, many people love challenges. They even love challenge God and His authority. They think once they did something opposite to the teaching of God, they won over God. They think they are the bravest soul in this earth. They think they are the smartest because they can interpret God's word otherwise. They think they have all the rights to do whatever they want. In short, they want to be God and they think they ARE God.
Christian and/or non-christian today think about themselves more than anything else. We tend to forget about the 2 MAJOR commandments in the Bible. May I reminds you:
1. To love your God with all your heart, your soul, your mind and your might.
2. To love your neighbour as yourself.
I like the definately of 'neighbour' in the Law of Torts in the case of Donoghue v. Stevenson to includes "persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question".
As much...
Don't be selfish...

Thanksgiving

EVERY year around this time, a friend living in U.S will definately sent me the Thanksgiving Pre-Sales price list. This year, she received a Turkey as a gift and she was excited about cooking a Turkey as part of the Thanksgiving celebration. We then started all the conversation about the way of cooking, what sorts of best selling items this year and so on. Over the years, through her, i started to realise the important of such occasion for American. I was told, the first Thanksgiving was recoreded in 1621, where the Plymouth colonists and the Wampanoag Indians shared an autumn harvest feast. Today, it is a way of 'appreciation' that derives such occasion for the past hundreds of years. Today, many knew about such occasion, celebrate it greatly and even marked it as the most important day of the year.

As a Christian myself, I wonder, if Christian do set a date to celebrate Thanksgiving to the Lord every year, just as how the whole nation of America set a date to celebrate Thanksgiving today. Sadly, many did not even realise there is Thanksgiving Day in the Christian/Church calender. There and then, I realise how little we appreciate Jesus Christ today. !

Dilema:

Kuala Lumpur OR Tawau? Kuala Lumpur OR Tawau? ...
This question keep on floating in my mind ever since I was called to the Bar in Kuala Lumpur. Part of my mind wanted to be in Tawau but yet part of me craving for an offer from Kuala Lumpur.
I guess, I LOVE being at home, but LOVE the job description in Kuala Lumpur. Life in Tawau is really stressless and comfortable. But, I do not think i can survive like this in a long run.
...
Kuala Lumpur OR Tawau? Kuala Lumpur OR Tawau? ...

Wednesday, November 23, 2005

My Doubt:

There's always a question in my mind, as a lawyer wondering why we always include Sabah as part of Malaysia but yet we don't enjoy the same treatement as Malaysian. Firstly, if one would like to take their Certificate in Legal Practice exam, it is BETTER to be in West Malaysia. Secondly, as a qualified person you need to serve 9 months of pupillege in West Malaysia whereas you need to serve 12 months of pupillege in Sabah.
Today, the West Malaysian is claiming their rights to appear as Advocate & Solicitor (lawyer) in Sabah & Sarawak. I am not sure on what basis they are asking for equal threatment at this point. Sabah does have it State Law, same as the other States. If the other States can have their States law enforced, why not Sabah in this matter? I am quite suprise the West Malaysia lawyers are asking for more 'portion of the meat' in Sabah while they are already bitting a BIG PIECE of it in Sabah. As the law in Sabah is a bit difference, and even a person has Sabah connection need to go through pupillege slightly longer, I see no reason why an openning should be given to lawyers in West Malaysia to practice in Sabah, especially they know very little about the Sabah.
However, if in any case the West Malaysian lawyers are allowed by the State Law of Sabah to practice in Sabah, I do hope certain requirement can be drawn up. If a Sabahan (with Sabah connection) need to go through a 3 more months pupillege, I do hope a smiliar requirement can be drawn for those who have no Sabah connection if in any case they are allowed by the State Law of Sabah later to practice in Sabah.

Introduction

This is too new for a Godly Lawyer to create her own blog. But this is not too new for someone who is really free in the office. Well, I suppose legal works that I am involving myself into now doesn't give me any challenge in life as yet!

I am not someone who can put my thought into writing. Unlike some of my really 'talented' friends, I love to put my mind and my thought away from being 'published' most of the time. But yes, I do love to share some my experiences with you if you happen to 'infringe my privacy' through this blog. May I just remind you that the 'without prejudice' rule is always applicable in this blog.

Happy reading!!!