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
“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)
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)
posted by harnniann at 10:59 am
5 Comments:
Dear IPP
You had done nothing wrong here. Good job, and keep it up.
btw, did you send a reply to your opponent after the bloody letter?
In the olden days, the small pocket behind the robe is for clients to put their money in after you've advanced their case in court on their behalf.
Clients are your worst enemy. Period. Do the job and get the fees from them. Ungrateful bunch.
Dear anonymous,
I did reply the letter, but I guess I would have to put it in Part 5 which is the Finale.
Yes, the pocket is placed behind you instead of infront. So that's why lawyer should not ask HOW MUCH he gets in return of a service advanced.
I wonder whether you need to write to the court to explain about this matter?
dear anonymous
I left out the part that my opponent's letter was actually c.c. to the Judge.
That left me no choice but to reply and c.c. to the Judge too.
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