Friday, May 07, 2010

Incompetent!

Yes, that's exactly what I feel about myself these few days... especially when it comes to certain file. It seems like, I can never get a case done properly. There's always something 'stuck' in the middle and I always wonder, 'why'? Hmm.. well, being a lawyer, someone said, we are the one always facing difficulties and solving people's problem. In a way, that's correct, but on the other hand, who are we to solve people's problem while we ourselves has so much problem that we cannot even count and solve?
Oh well... it's few days' ago, during Court matter that this opponent of mine has been raising voice to me and telling the court that I have acted negligently, etc. etc. that made me shouted at him once outside the court as to just to REMIND him that he should watch what he is saying and not misleading the Court. That's just before I enter into the chamber again with him. After I REMIND him, I remember an incident happen way back to my first year of becoming a Legal Assistant at this KL firm. On one fine day, I went to Court and I was seriously bullied by my opponent (who was obviously more senior then me) and I ended up have to call my boss, Mr. Sim to come to the court to rescue me. He did as he knows first, I wouldn't have call him if I can handle it. Secondly, he knows how difficult my opponent is after I told him the situation and we were being blamed. He came, he went into the chamber with me after we discussed for a while and he seriously shouted at the opponent in front of the judge and he also put the judge to be witness of what my opponent is saying, etc. I was shocked, but I learned the skills since then.
Few days ago, the same situation happen. I kindly reminded my opponent not to blame us or accused us for things we did not do. He went into the Chamber with me after a short stand down and he started his whatever accusation again and with much controlled, I started my defence... I exercised the skill I have learned few years back ... on this matter. Immediately, he shut himself up from saying more and accordinly, the judge also remind him to be careful of what he is saying.
I can be worse if I want to, if he continues, I will ask the Judge to put on record on every words he said and with my reply to be recorded as well. But of course, i did not.
Apart from that, I felt so incompetent when he shouted and told me I cannot bring the matter to trial. While, after that, only after I talked to many others who confirmed with me that I can. Well... I am not sure what makes me BELIEVE what he said then... hence, I just feel so incompetent... I can actually being so lack of confidence in myself and my understanding and my knowledge.... that I lost my stand after they told me so. I wonder what's wrong with me....
Haiz... I think it time for me to figure out what happen to myself. Yeah.. exactly, I got bullied! Yup, me.... if you still thinking if I am talking about me... Yes, I am.. it's me, kena bullied. Believe it!
- incompetent! -

Wednesday, May 05, 2010

Not informed!

I hate not being informed when I am a party to it. Well, it's terrible when your opponent has deliberately not inform you when they came to know about the date for the hearing/mention/decision. Whatever it is, ... I think I am not happy about not being informed by the Court of a hearing date/mention date/decision date. Come on. I am the Plaintiff's solicitor and the court informed the Defendant's solicitor but not the Plaintiff's solicitor? What is this? Do you call this justice? I do not want to have the impression that the court and the defendant's lawyer is having something behind... but I just can't help it when it's not once, but twice that this same kind of situation happen to me/to us, the same firm.
First, I was not informed by the Court that the matter is bring brought forward and the trial date is on the day of my application to discharge myself. It's trial date, not mention. The matter was called first before any other case and the court doesn't allow my application to adjourn the trial date to 1 or 2 days later. The trial continues without me preparing it. Now, for today's matter, upon various letters sent to the Court asking for a short date for a decision to be delivered, the court DISREGARDED my request a few times. I called, everyone just told me to wait for the NOTICE OF HEARING. I asked to look at the court file at last and realised, the decision was not delivered but the file is CLOSED. I talked to the interpreter who spoke to the Registrar and today is fixed for mention. I went to the Court and was informed by my opponent that the decision was delivered sometime in April last year. Both the registrar and I opened our eyes big enough, disbelieved what he just told the court. There's no record of the proceeding took place, there's no order filed by the Defendant (if he claims the decision was delivered to him) and it's just shocking to know that.
Upon standing down the matter and searching for the answer to find out what exactly happen, the only thing the court told me is that, there's a miscommunication. VERY CONVENIENTLY ... that's the explaination and what I need to do now is the file for leave to appeal the matter in the Court of Appeal. How convenient this happen. My opponent, not knowing what's in his mind told the Court he wants to object to it. He still has the gut to wanting to object to it. I am prepare for his objection of course, but the Registrar asked him on what ground he wants to object?
Well, I am not happy with NOT BEING INFORMED of a date. Did the Court together with my Opponent tried to concealed the information from me deliberately? I don't want to know. I don't even want to think about it. If I do, I am insulting this Court and I can be held contempt. But, I just want to know why am I not being informed? Why did all my letters being ignored?
I am upset. Seriously!
Worse still, while I was waiting in Court this morning, I met someone who asked me if the trial last week went through.... well, no doubt, she's one of those who heard me raising that question to the Judge in open court last week, telling the Court I was not informed. I told her the trial went on and she told me she couldn't believe the court made such a mistake. Well, I didn't gave her another bad impression on Court by telling her I was in court this morning also for the same thing, that I was not informed again!!!!!!!
Please note, these 2 incidents happen no in the subordinate court, it's the HIGH COURT!
Of their mistake, who end up doing more works? Me.... the lawyer... but the injustice caused not because of other things but 'administrative' issue in the Court. I am seriously disappointed and upset!
- Not informed! -

Tuesday, May 04, 2010

Robbed!

I am not sure how things happen, but it happens to me... oh well, friends said, "impossible things happens to me anyway". So... ya... first incident was a year or two ago where I went to the ATM and key in RM300 and the next day, I open my wallet and only then I realise, there's no RM300.00 in the wallet but the transaction slip is in the wallet showing that I have taken out RM300.00. So.... where's the RM300.00? Don't ask me. I don't know. I can't recall... I was in a serious deep thought when I was withdrawing money, that's all I remember... Hmm...
This incident that happen last Saturday... happen where I also withdraw an amount of money and after I got the money in my hand, I folded it into half and put inside my pocket until I was in a money changer, I took out the exact same stack of money and pass to the money changer personnel and ... I realised, there's RM100.00 is missing. Now, it's still unknown to me how did the RM100.00 is gone.
"Something" must have robbed me... hahaha.... VL and DY have been telling me, I must thank God it is only RM100.00. Well, I lodged a report with HSBC as I really think it is during the withdrawal that it has given me RM100.00 less but they have called me today and told me, so far, the machine shown that the account is correct. They will do further investigation and see if I have taken all the cash and not leaving one piece of RM100.00 in the machine or on the floor. Hmm...
So, ya..... things like this is happening to me... haiz.....!!!!!!!!
- Robbed -