I was telling a friend that I went to court this morning and the 1st and only respond he gave me was that I must be still feeling angry then. I ponder for about 5 seconds on what he commented and I asked him why did he thought I will be angry. His answer is simple. Because I went to the Court. Many have the understanding that Court room is a place where heated arguments will be at and many thoughts, we, the lawyers, only argue our case to the end, regardless on which stage the case is. Many have also thought that we lawyers, when we go to court, we will fight and argue and got ourselves and other party angry. I am not sure if that's what you understand law and the law profession is. If you do, let me explain to you a little bit of the MALAYSIA LEGAL SYSTEM and how it works in the court.
When we got a case in our hand, our first few court matters will be mention and/or hearing. Well, as simple as the word, it just means as it is.... mention, meaning, to mention the case to the court. Tell the Judge what this case about and whether this case shall proceed, etc. Hearing is a day fixed by the court to hear either one's application to see if your application should be allowed or not. The Judge will hear from both the parties of what they want to say. Trial, would be just like what the bible defined as, a TEST. What to test? To test which side is telling the truth and which one is not and which one can show evidence to support their 'story', etc. Well, that's what we do as a lawyer, to attend a few court sessions for respectives application, etc. etc. No. Not at all time we will have heated argument. Even in trial, sometimes, both parties' lawyers will be at peace, trying to sort out things and do their best to bring up their matters, evidence, witness, etc. We, the lawyers are thought to practice and exercise our duty and/or professions etiquettely, althought, we all know, there are some that's not.
Well, I was searching for a precedent on cost these few days. I was digging out all my old stuffs and realised, some of them, I have shipped it back to Tawau and hence, I have to ask around. I happen to met a senior lawyer this moring and so, I asked him if he has a copy. Trust me, I asked about 5 of them yesterday and 4 of them told me they have not done it for the past 15 years and not very sure about it. 1 told me what I should do, but have also not done it before. And this senior lawyer, apparently has a copy of the precedent ... in Bahasa Malaysia (BM) as it is a precedent from Kuala Lumpur while he was practising there. I tell you, I am so pleased to find out that he has a copy. hahaha... it's like a serious problem being solved.
See, we lawyers, do sharing too. We can't know EVERYTHING, of course, some will know more than the other and some know more on the particular area of laws then the rest of the area of laws. It's normal and we share. In courts, while waiting for the Court to start, we too, will ask around, chat around and searching for opinion about certain issues we encounter.
I was in court for the case which was being struck out few months ago. I thought it's a mistake which I shouldn't have made and I felt so bad about it. Still, I have to face the judge and all the other lawyers that particular day as when my case was called, I was asked to tell the court what happen, etc. and the other lawyers, none of them find it funny and disgraded me. Neither me nor my opponent knows what went wrong and what should be done but you can see, everyone is helping (No. I still haven't got the case reinstated YET). I made a mistake in my cause paper and I didn't know I made a mistake until the Judge told me. The rest of my fellow lawyers have somehow helped me out throughout (pretty obvious that's my first and only mistake). When we finish the court for the day, some of them even came and encouraged me.
Well, I hope, by now, you will know what "go to court" means exactly. No. It's not always about heated argument even though we can't avoid those sometimes (mostly the clients we have caused it).
- wrong understanding -
