Without fear or favour - The Finale

Contributed by Rtr Harnniann

I was told by a very senior lawyer that there is a story behind the pocket at the back of a lawyer.

According to him, lawyers should render their service without first asking what the reward shall be. Once they have performed their duties, the lawyers will just turn their back and the client would put things like apple, bread etc into the pocket behind as payment to the lawyers. The idea is that the lawyer shall not argue on what he/she shall receive in return.

I guess that answered the question I posed earlier: should I expect an appreciative client?

The real incident I have narrated through part 2 to 4 of this article, though nothing bizarre, gives a very true account of the sort of dilemma faced by litigators.

I understand that as time passes by, I will gain more experience in legal practice (provided I am still in it) and my skill will be sharpened but my feelings too will be numbed. You are right to assume that an experienced trial lawyer would not have written down the real story I have told you for to them, it was just another event incidental to practice, too common to mention.

Going back to the incident I have yet to complete.

I wrote a lengthy reply to the letter written by my opponent, too lengthy in fact for me to reproduce it here. Suffice to say that, as you would have correctly guessed so, I firmly denied that I have not extended professional courtesy to my fellow opponent. I have waited for him once when the matter was called up in open court at 9.30am, haven’t I?

He did not reply my letter, so I thought the matter had been laid to rest. Life goes on.

Many days later, I received an application for stay of execution (meaning to prevent us from enforcing the judgment against the Defendant pending the decision of the appeal to High Court). It was not all surprising that the Defendant would apply for stay of execution, but the out of the ordinary thing was the reason for stay of execution, the opponent put it, was because I did not honour my words and wait for him. Since he had suffered injustice, my opponent said in his affidavit that it constitutes a “special circumstances” for the court to grant a stay of execution.

I have yet to reply his baseless and irrelevant accusations, but I am about to. Which means, what I initially thought was a closed chapter would have to be revisited. Both counsels would have to throw accusations at each other in open court on who was the untrustworthy which has nothing to do with the case we are handling i.e. a case for debt recovery.

Oh, this is a life of a lawyer, always surrounded by hostility and confrontation.

Lloyd had once said I have confused my personal life with my professional life: he was not totally wrong.

p/s: This BLOG had been inactive for a short period of time for the members need time to digest the facts of life before coming out with good articles. Stay tuned to this BLOG for the best things in life go to those who can wait. Thanks for the support of everyone to make this BLOG meaningful.

Club Meeting on 3rd August 2006

Please be informed that our next club meeting is on the 3rd of August 2006 (Thursday) at PP Kuah's office at 8.00pm.

Please take notice of the change of venue! It's the new meeting place for our club! Don't know where it is? Don't worry, just give a call to President Feldman or IPP Harnniann and we are happy to show you the way! It's somewhere near the Klang Stadium.

Our Speaker for the meeting is Ms Sandrin Lee who is the Head of Internal Audit Department of a reputable company in Klang. The title of her talk is "Counseling & Meditation". Sounds interesting!

Want to find out what this talk is all about? Don't miss it! Mark it on your diary now!

Thank you : )

p/s: any guest who wants to join the meeting, please contact me at harnniann_toh@yahoo.co.uk

This is the Third meeting of this new Rotaract Year. It is getting more exciting!

Club Meeting on 20th July 2006

Please be informed that our next club meeting is on the 20th of July 2006 (Thursday) at Uncle Chew's place at 8.00pm.

Our Speaker for the meeting is Mr Wong Fok Gee who is the Head of Profachem (M) Sdn Bhd (a subsidiary of Southern Group). The title of his talk is "A Hobby, A Lesson and Realization". Sounds interesting!

Want to find out what this talk is all about? Don't miss it! Mark it on your diary now!

Thank you : )

p/s: any guest who wants to join the meeting, please contact me at harnniann_toh@yahoo.co.uk

This is the Second meeting of this new Rotaract Year. President Feldman has started to warm up his president's chair!

Without fear or favour - Part 4

Contributed by Rtr Toh Harnniann

I shall reproduce the substantial part of the letter (with some editing) written by my opponent here:-

“Attn: Mr. Toh Harnniann

Our Mr … was present in the court at 12.30pm today and was notified by the Learned Sessions Judge in open court that your Mr. Toh had obtained an order in terms of your client’s application… despite the fact that our counsel had earlier informed your Mr. Toh to stand down the matter.

Our Mr… also informed the Learned Sessions Judge that a letter was written … to your firm and the same was faxed on 24-6-2006 which specifically referred to the teleconversation confirming that your Mr. Toh would stand down the matter. The Learned Sessions Judge also said that Mr. Toh had made no mention of our letter requesting the matter to be stood down. Be that as it may we regret that Mr. Toh having been duly informed in the said letter of Mr… other engagements in the Kuala Lumpur Sessions Court, had nevertheless proceeded to have the matter called up and disposed off. Indeed in these circumstances one would have expected counsel to extend the courtesy of either standing down the matter or having it postponed.”

My reaction after reading this letter was rather mixed. Why?

Now I found out he had only attended court at 12.30 noon that day (as admitted in his letter). Had I chosen to wait for him, I would have sat in the court for nearly 3 hours wondering what had happened to my opponent!

Next, he admitted that he had only faxed his letter requesting me to stand down the matter on 24-6-2006. 24th of June is a Saturday! My office does not work on Saturdays. That explains why I did not have knowledge of the letter when I appeared in court on Monday morning. Later I found out that it was actually faxed on Saturday at 3.30pm. Why couldn’t he fax the letter on Friday itself is a question only he could answer.

On the other hand, his letter gives a true account of what transpired that morning. “Mr. Toh had made no mention of our letter requesting the matter to be stood down.” I really did not inform the court about the existence of the letter because I had no knowledge about the letter! BUT, I did have knowledge about the telephone conversation I had with my opponent on Friday. I did not inform the court about the conversation either.

Was I being dishonest?

The last nail to the coffin that mixed my reaction was this statement: “Indeed in these circumstances one would have expected counsel to extend the courtesy of either standing down the matter or having it postponed.”

Should I care what he had expected of me? No. I have answered that earlier. But why was I feeling uncomfortable? Because I am a natural human being? Or because I am too HUMAN to be a professional?

In an attempt to seek some comfort at that moment, I contacted my client to deliver the good news. I thought getting compliment or recognition from my client would somehow take away my doubts or feeling of guilt as to my action or omission in court that morning. In fact, I needed my client’s confirmation that what I did that morning was right, that I have made the right decision. A simple, “Good job, well done Toh!” would have made my day and made everything worthwhile.

“Mr. Chan, Toh here, your lawyer. Good news lar! We got judgment for you this morning, you win your case! Congratulation!”, I said, expecting a cheerful reply.

“… so?... where is my money?” he was not excited at all.

“ar… that we have to wait for the court to come out with the judgment then serve the judgment on the defendant, then see whether they pay or not…”

“so? Have to wait some more ar? 2 years already oh! Do things faster lar…” then he hung up.

I was expecting a “thank you”.

Or should I expect a “thank you” from my client? Do you know why there is a small pocket behind a lawyer’s robe?

(to be continued)

Dance With Me

Contributed by Rtr Hui Hui

During my younger days, I was afraid. I was afraid of doing the wrong things, making the wrong move and choices. When I see people do bungee jumping and even dance on the dance floor confidently, I always ask my myself, how they did it?

My family always call me a perfectionist, always wanting things to be perfect. As a result, I was afraid to dance and enjoy life to the fullest. What makes me hold back? FEAR! Fear to do things that would change my life completely.

But, now I had realised that FEAR would not take me far and be the person I want to be today. I had taken steps to conquer my fear. One of example that I had was fear of speaking in public. Then, one day, I took the plunge of joining a Toastmasters club in Petaling Jaya after months of indecisiveness. I did my first speech, which the Ice-Breaker, introducing yourself to your club members. I was shivering and felt like vomiting.

To cut my story short, I had realised that without taking that plunge to do something different for my life (joining Toastmasters), I would not have made new friends, enriched my career and enjoyed my life.

The truth today, I am still trying to overcome and conquer my other fears.

Let me share with you an inspirational story extracted from the world champion of public speaking, J.A Gamache. It makes me inspired after reading this article all over again. Toastmasters International had its annual world champion of public speaking in the States. What you will read below is an personal story of courage from a DJ.

For more information on Toastmasters International, please visit my toastmaster buddy’s blog: tmmichaelpang.blogspot.com

Dance with me

(Speech presented at Toastmasters International's World Champion of Public Speaking 2005 by J. A. Gamache)

The iron door slammed behind me. Its noise echoed on high concrete walls. Two huge security guards escorted me down a looong corridor!

Mister contest chair, Ladies and Gentlemen. I was in prison... by invitation... working as a Disc Jockey. My job was to make the inmates dance! That day, I would have to deal with angry, abusive, aggressive people... and those were just the security guards!

As I set up my music equipment in the gymnasium, a security guard started placing orange traffic cones aaalll around me.

I said, "What are those for?"

"They're for your protection." We tell the prisoners not to cross the line.

I was among killers, maniacs, psychopaths! But hey! I had a line of plastic cones for protection!... which was great because the first request I got from an inmate was a song entitled: I shot the sheriff!!!

When the music started no one danced. When this happens, to bring life to the party I just step onto the dance floor ... but the moment I crossed the line cones, inmates started to smile. A room full of Dirty Harry's leered at me with eyes saying: "Go ahead, make my day." So I stepped back.

Can you see the irony? Among prisoners, I was the only FREE man delighted to stay behind bars... too afraid to leave an illusion of safety which moments ago seemed so absurd, a line of cones.

Don't you recognize this line Ladies and Gentlemen? It's inside all of us. It's the frontier that separates mediocrity from greatness. Greatness begins at the line of fear.

When we know we should do something scary we ask ourselves questions like, What if it doesn't work? What if they just laugh at me? What if...?

We often wonder what is the price of taking action. What about the cost of standing still?

Have you ever asked yourself: "What if I knew I didn't give my best? What if I knew I took the coward's way out?" What if...

I had stood at this very line many times before. And each time I stayed on this side I felt mediocre. I had to admit that throughout my life the person who disappointed me the most... was me... until I learned to dance.

Today when I come upon a line of fear I put my hands in the air like I don't care. I do this in memory of the day I took my first baby step into greatness.

It was a year later. This time I was at a reception hall entertaining a group of hearing impaired people. My job as a D.J. was to bring music to a roomful of people...who could not hear. No matter what songs I played, no matter how LOUDLY I played them; nobody danced!

Once again there was a barrier between us. Once again I was the outsider and once again I was afraid... but this time I decided to cross that line of fear anyway. I climbed on a speaker and yelled. (Note: J.A. waved his arms in the air.) Well, that's how you yell in sign language!

Someone waved back at me, then another and another...

It worked! We all danced together. At last, we all understood each other. No word was spoken yet no one was silent anymore for in our hearts we could all hear the joy roaring like a thousand voices. I connected to that feeling. Some words erupted from my soul. I couldn't hold them anymore. I yelled, "I love you all" and they all signed back. "We love you too"

For the first time, I broke free. I felt free

Ladies and Gentlemen, Fear is not a barrier. It's a point of departure.

Isn't it time for you to step into your greatness? Think of all you are missing out in your life right now because you are standing still, imprisoned, betraying your true self

For all those times you could have danced but chose to stop ... you could have dared but chose to step back... you could have dreamed and followed your destiny but chose to turn away... it's now time for you to dance.

Make my day...

Can you hear me? (Note: J.A. waved his arms in the air)

Dance with me!

Greatness begins right now and here...at the line of fear.

Without fear or favour - Part 3

Contributed by Rtr Toh Harnniann

“Dengan izin, Puan Hakim, peguamcara Defendan masih tidak hadir” (With permission, Your Honour, the defendant’s solicitor is still absent)

“Kamu ada beritahu dia tarikh hari ini tak?” (Did you inform him of today’s date?)

“Ada, melalui surat.” (Yes, through letter)

“Habis, macam mana sekarang?” (Well, what happen now?)

That was the exact moment I had to declare what my decision was.

Should I decide not to wait for my opponent, I still had 2 available options:-

(a) to request judgment be entered against the defendant as the defendant’s solicitor had failed to appear (which the defendant can later apply to set aside the judgment provided he can give a valid reason for his absence) OR

(b) to request that the merit of this case be heard by the court and let the court decides whether to enter judgment against the defendant (if a judgment is entered under such circumstances, the defendant cannot set aside the judgment, the only remedy available to him is to appeal to the High Court)

I slowly took out my notice of application and my client’s affidavits from the folder and placed them on the table. This was exactly what I said,

“Puan Hakim, memandangkan peguamcara defendan masih belum hadir walaupun masa sekarang adalah 11.30 pagi, saya dengan rendah diri memohon Mahkamah untuk mendengar kes ini dalam ketidakhadiran peguamcara Defendan.”

(Your Honour, since the defendant’s solicitor is still not in court even though the time now is 11.30 morning, I humbly pray that the Court hears this case in the defendant’s solicitor’s absence.)

“Ok, apa kes awak ni?” (Ok, what is your case?)

I started my oral submission by briefing the judge the facts of this matter. I drew the court’s attention to the salient points which would support my case. I further drew a conclusion that the defendant’s defence has no merits and it was merely a tactic to delay and prolong the legal proceeding to frustrate and defeat the Plaintiff’s claim.

After listening to my brief submission, the judge without even looking at me ruled that my application was allowed and judgment entered against the defendant. The merit of this case was heard, the judgment cannot be set aside now. The Defendant can only appeal to the High Court to quash it.

Once I reached my office, I quickly wrote a letter to my opponent, informing him about what transpired in court that morning.

Few hours later, I received his written reply.

(to be continued)

The Last Stand

Dear Rotaractors and Guests,

The moment we all had been waiting for. It will be decided this 10th July at 2.00am (Malaysian time).

President Feldman, Diana, Hui Hui and IPP Harley had been kicked out of the race for they have picked the wrong team. Better luck next time, yeah, another 4 years to try your luck again.

As World Cup 2006 is coming to an end, alot of emails had been exchanged recently declaring which team they support. We have seen former enermies turn allies and vice versa.

Finally, the time has come for everyone to take a stand. Italy or France? Timmy or Toh?

The winner, will enjoy the luxurious and F.O.C. feast at Chicken Buffet. Who will have the last laugh?

What say you?

District Award Night 2006

Contributed by Rtr Zeekin

(from left: Zeekin, Feldman, Toh, Diana, Lloyd, Tim, Vivien, Shunglee & Engtee)

When President Toh (as he then was) mentioned about the district award night in the email, I pictured something sophisticated. A big chandelier in the middle part of the extravagant looked ceiling, with a kawai grand piano on an elegantly decorated stage, big banquet hall with many handsome lasses waitress, and of course, attendants with their smart attires. I had never been to a rotaract district award night before; therefore it is not out of the ordinary for me to allow myself for such imagination.

The digital watch of mine shows 6.30 precisely. Apparently, the earlier worries of getting late had disappeared. To re-confirm that I was in the right place, I glanced all over the hotel, until I spotted the banner of Rotaract. Without wasting any precious minutes, I proceeded to the hotel with a gentle pace. Here, inside the lobby, was where I realize that the reality was going to be a little bit distinguished from my imagination. Man, the lobby was so cramped that it could hardly fit a band of tourist! Well, that’s not the point. You can’t judge a book by its cover isn’t it? The Ball room might be different right?

Well, later, I followed two rotaractors to the venue. Walking through the is-not-going-to-be-elegant corridor was more than enough to convince me to give up my hope of attending a grand award. Ok. It took us just a few second to get to the venue. The adrenalin within my body surged down at the moment where I make a surreptitious glance throughout the venue. No chandelier, no red carpet, no big stage with a grand piano, nothing that could bear the least resemblance that we are at a grand award night, and I was coming down from Penang in the noon, just for that.

Ok, great thing was I got a chance to meet with my fellow rotaractor brothers and sisters there. That was the only joy that I could possibly remember. Of course, I was glad to see my god sister Rtr Tracy there also. We sat down, and waited patiently for the event to start.

The award night started late. Ok. I do not adore the way the MC conduct the ceremony. If you are not able to be humorous, then try to be formal or serious. Lame jokes don’t entertain anyone! The event started with the ordinary PROTOCOLs. It started with speeches. Then was our district very own “Royal Salute” to the Crown and also to Rotary International. The peculiar idea of substituting the ordinary toast with the salute emerged when the organizing person realized that “drinks” was not served at the time.

As the ceremony progress, I grabbed the event paper and gave it a glance. One award, then one entertainment. OK. Let me recall what entertainment they have there.

1.) Dancing – By A rotaractor. The dance was normal.
2.) Jokes – By A rotaractor who is a lawyer – Very interesting, this guy really made good jokes!
3.) Power points – some story about some rotaractors


(to be continued)

Good Morning, President Feldman!

Contributed by Rtr Toh Harnniann



Congratulation, President Feldman and our first lady, Rtr Diana!

Today marked the 3rd day of a new Rotaract Year and I sincerely wish our club and everyone of us a joyful, enjoyable and fruitful year a head. As the theme of our club for Rotarat year 2006/2007 is "Together, We Learn", I am very sure under the leadership of President Feldman, our members through active participation in club's activities shall gain valuable knowledge and experience which will be useful in our daily lives or respective profession.

Further I wish that the new Board of Director could work together as a DREAM TEAM and bring our club to greater height and achievement.

See you all at the first club meeting on 6th July 2006!