Tuesday, August 22, 2006
posted by PabloPabla at 6:33 pm


I told ja$on I will blog about this.

Yesterday was my birthday but I had a case in Court which is fixed for continued trial. It is fixed at 10.30am. Last week, I gave my opponent an increased offer based on my client's mandate. My opponent did mention earlier that she was expecting an X amount of ringgit to settle the matter. It was rejected at 5pm on Friday evening. That means, I have to be present in Court yesterday to conduct the continued trial.

Nevermind. I was all ready for it. Did my homework and poured over the documents again and again to prepare myself for the courtroom battle.

I arrived at 10am. My client was in Court. All ready to testify. The claimant was also there and so was my opponent.

"Case will be postponed again" says my opponent. "What the??". "Court got other priority cases which were filed in 1999 and 2001. Ours was filed in 2004, so, we have to take another date" my opponent continued.

If the Court has no intention of hearing us in the first place, they should have the decency to call us lawyers and tell us about it so that we need not waste our time as well as our client's time. Mind you, my client is in his late 70s and came in a wheel-chair. His son had to take leave and fly all the way from the East Coast to bring him to court.

This is not uncommon practise, of course. It happens regularly. And I had to try to explain to my client why his case is postponed again (4th time) and that he has to come again, in his wheelchair with his son taking another day off.

On the other side, the Judiciary has issued press statements saying that lawyers are the reason for postponement of cases which resulted in many cases being dragged for years.

Usually, when a case is being postponed at the instance of the lawyer, more often than not, both sides to the litigation have already agreed to the same and has no problems in postponing their case. They were prepared to have their case delayed. The litigants are not complaining.

But when you get cases where it takes more than 2 months to seal a summons (that means, to affix a Court seal onto a Summons to give it effect) upon filing the same or having your file not listed in the list of cases fixed for the day (which results in you having to write in to Court asking for the file to be fixed with a new date - which can take a couple of months) etc, who is willing to take the blame?

Anyway, to conclude my day at the Court, I left at 11am and headed home (I was actually on leave). Cooked this plate of bee hoon to destress and spent time with wife and kids.

Always look on the bright side of life.

I could have been spending the whole day in Court instead.


 

14 comments:


At 10:14 pm, Anonymous Anonymous

wow i've finally met a blogging lawyer...

 

At 11:58 pm, Blogger huZmi dahLan

Another case delayed ...Whatever, whatsoever, howsoever, whereas, wherefore etc ...

Did you expect the case to be delayed before you went to the court today !!

By the way Happy b'day PabloPabla.

 

At 12:35 am, Anonymous Neo

Lucky you, can go home and spend time with wife and kids.

 

At 10:21 am, Blogger Wuching

wuah u r a loyar ah? i sked of u now liao! u r like boston legal anot? hehehe

 

At 11:03 am, Blogger mumsgather

Ah those darned postponements. My dad who is now retired (formerly in the policeforce) used to have to travel to KL for courtcases only to return because "case postponed" again. That was a familiar term to me when growing up and looks like things haven't changed. Anyway, Happy belated birthday to you. You didn't mention how young you are. Lol!

 

At 11:06 am, Blogger PabloPabla

anonymous : Am I the only one??

huzmi : Thank you! I was not expecting it to be postponed as we were told by the Court that our case is fixed as priority case during the last date.

neo : Yep! I was on leave, actually.

wuching : Yes ar! I loyar here but non glamur type one lah. We here all postpone cases wan. Go yum char instead.

 

At 11:21 am, Blogger PabloPabla

mumsgather : Thank you! Ah...so you know what goes on with postponements ;) Hm...I'm a very young father of two :)

 

At 3:57 pm, Blogger blurblur

Happy belated birthday to you! :) So we are both August babies..:)

Ya, very young indeed...just like me...hahaha..;p

 

At 4:35 pm, Blogger PabloPabla

blurblur : Thank you! August babies are always 25 years old like Alan Tam

 

At 7:42 pm, Anonymous sandra

Hey! I'm born in august too =.= and i'm not 25!! Lol~ happy birthday Mr Lawyer

 

At 10:02 pm, Anonymous Anonymous

now understand why see more lawyers in kopitiam near courts than in courts ....

 

At 11:28 pm, Anonymous Anonymous

erm the only one i have met so far la!

 

At 12:05 am, Blogger H J Angus

Happy Belated Birthday!

Never realised that our law administration is that backward.

Maybe the carrier pigeon with your notice died in the haze? HaHa!

No wonder the AG is still sleeping over the IPCMC file...he thinks it is a brand of mattress.

 

At 12:51 pm, Blogger PabloPabla

anon : Lawyers like kopitiams so that they can sing song after cases are adjourned.

angus : Thanks Angus! Where have you been? I thought you would have known how backward we are. Sleeping is an art. Choose which mattress you would like to sleep over.