Things I learn In a Hard Way Part 1

Point number 1. 

Indefinite hurts badly. 

You dont know how things happen. You dont think when things happen. You dont realize why things happen. What went wrong. And worst part is, you will never know how to cure this kind of disease. Neither will you know when this all will end. Maybe in an hour. Or maybe tonight. Or tomorrow. Or next week. Meanwhile, you will feel lost. Total lost. Which may result total damage.

Thus you keep bleeding inside, being at your lowest point without anyone can offer any help to you, because u yourself dont even know - where is actually the hurting part. 

Thus this lesson of indefinite, you learn the things indeed, in a very hard, difficult and complex way. 

My dear, when this happens, pick every piece of yourself. Even the tiniest little thing. Keep holding to that, and keep walking. Calmly. Hold grudge, if u need to. Let the grudge off slowly on your way to be better. Inhale, though it feels cramped inside. Exhale, though it feels choked at your throat. Inhale again, imagining to travel the oxygen though out every vessel of your body. Exhale again, imagining that you do not only exhale carbon dioxide, but also all the venomous things inside you. 

Let those indefinite things to sometimes visit you. What is definite, remains. That you are way more awesome than you think you are. 

That's definitely, girl! 

xo,

Maryam Jamilah 

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Free Legal Advice Part 2

As time passes, I think I got some new things to share with you. As additional from my previous post bearing the same name as this post, allow me to share some new tips. I've shared three points in previous post which you may want to read it here-> http://maryam-kamal.blogspot.com/2020/09/free-legal-advice.html , I am going to continue numbering here.

d) Do not force a lawyer to take your case 

I learn this from someone who shares the experience with me. Someone came to ask this one lawyer to take the case. But due the complexity and too tangled stories, this lawyer seems uninterested to take the case, as there is already too much things on the plate already. Plus the client also seems to be having usual problem a client would be - difficult in settling legal fee. So this lawyer wouldnt want to risk his time doing pro bono unintentionally. 

Then this client went to other lawyer, who he thought would charge him cheaper. But no. Probably more expensive, that this client came back to this earlier lawyer. Still he is reluctant. Because the price he offers that the client hesitates to pay, is way cheaper than others. He increased the fee, due to the additional files the client brought. Still the client somehow agrees to pay, most likely because it is still much lower than other lawyers will charge him. 

He can see that this lawyer feels very reluctant to accept his cases. But he begged him. Requesting earnestly for this lawyer to handle the cases. He is willing to pay the high fee the lawyer offers him, as long as he takes his case. He also somehow used their past history and relationship to induce the lawyer to agree in taking his cases in, and somehow the lawyer agrees.

But is he happy to do that client's files? No. So what will happen if he does not feel happy? If he feels indebted to this client and that he is doing his files out of as a help only, and not as fulfilling his passion? What do you think will happen to all the cause papers and court procedures?

Indeed, professionalism is a thing we lawyers must always adhere and are subjected to. No matter how some things moved you emotionally, it shall not get you involve that way. But lawyers being the normal human being too, that there must be times he feels the regret of taking in the cases. That he must have thought how nice would it be if he did not take the cases in. That how working on the cases saddened, or worse, angered him. Which eventually will result to all parties' unhappiness. 

Therefore, dont ever force lawyer to take your case, until the point you have to beg him so much, even have to mention about money etc. You may win him with money, but I afraid you lost his sincerity. 

Yes honey, you read it right. Lawyers also people who work with sincerity, and not all work for the pleasure of getting huge sum of money only.  

e) Do not rely on legal advices you get on this blog

Ha ha . This is the trickiest part, but I just have to include this - saving my pride as a lawyer myself. Sort of an indemnify clause for me. Hehe 

Someone who I look up to recently warned us the young legal eaglets NOT to easily dispense legal advice to anyone anywhere. Shall that person relies on the advice given, it will create automatically the contractual relationship which if something happens, the advice giver may, somehow, be held responsible.

Therefore, DO. NOT. RELY. ON. THESE. ADVICES. for every advice may work differently according to different facts of the case. 

I believe all my points are made on bona fide basis, and in general mode. In fact my points does not even qualify to be some kind of legal advices, instead just about life tips 101 which happened to be related with legal matters.

I humbly hope this small sharing would somehow help u in any way. However, please note that in the event you encounter any thing that relates to law, the best would be to consult  a lawyer for you to get proper advice as per your case. 

May all your matters be settled in the most beautiful way they can be. 

Bona fide regards, 

Maryam Jamilah :) 

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Free Legal Advice.

Hey there. 

Your Litigation lawyer here. Entering my second year of practice, let me give you some simple tips which may help you somewhen in the future: 

a) If you enter into a contract, make it written. 

Though Malaysian law recognizes oral contract, however written things are much easier to prove, justify and argue whatever the way you want it be. Oral contract is so fragile and easy to be challenged and disputed, as well as hard to prove. 

Make it written and executed by all the involved parties, even better, get it stamped at LHDN to make it admissible as evidence in the court later on shall there is any issues arising from the contract, and make sure each party keeps a copy of the contract or whatever name you call it, be it agreement, promise etc. 

If writing is impossible, then make it documented in any way you can. Voice recording, video or picture. Whatever. Save it, dont delete it. You are entering yourself into a contract, which you have rights and responsibilities. 

Dont blame your lawyers later on if you want to claim something out of the contract, but you dont even have the contract nor any proof with you. 

b) Keep everything. 

Dont blame women for clinging onto so many things, including the receipt in their purse. Even if you want to exchange something from the store you bought the thing, you must have the receipt with yourself as proof of purchase. Failure which you cannot exchange the thing. 

Same concept. 

Keep everything to prove anything. These days, bank statement will be a great help, which we can get from the bank. But it is good if you can have the record by yourself too, as sometimes requesting the statement can consume a lot of time. To prove the purchase, keep the receipt. To prove the transaction, keep the ledger. To prove the presence, keep the attendance list/picture/video. To prove the accident, keep the video recorded from phone, CCTV and any gadget. 

Keep everything. Whatmore if you are getting divorce, be it civilly or at Syariah court, and say you are seeking for nafkah (maintenance) for you or your children - if you are a woman, or if you are a man - to prove that you spend such and such amount actually to rebut the amount requested by your ex-wife, then keep all the receipt/record of transactions involved for you to justify the amount. 

So just keep everything. It does not necessarily mean you are the type of hard to move on. 

c) Never ignore any Letter of Demands / Summon

Say that you receive a Letter / Notice of Demand from anyone for any reason. Quickly refer to a lawyer, or if you think you can handle the matter on your own, then do it - by way of replying to that letter, or maybe you can contact the party who issues the demand letter/notice. Whatmore if you receive a writ of summon. 

Please refer a lawyer on what you should do. Ignoring a LOD usually allows the opponent to proceed with legal action towards you. Which most likely the next time you receive a document, it can be a writ of summon. Means that a legal proceeding has been commenced against you and your attendance (appearance)at court has become compulsory. 

While LOD can be settled on your own, I afraid that when you already received a summon, you have no choice but to engage a lawyer. Rules of Court 2012 states that Memorandum of Appearance MUST be entered within 14 days after the receipt of the summon, failure which, Judgment in Default can be entered against you - for sleeping on your rights. 

Judgement in default allows the judge to adjudge the case without your presence, usually allowing the other party's claim. When that happens, the scarier things may happen. The opponent may file for execution of the judgement, which may be by way of Writ of Seizure and Sale (WSS) which the opponent may get an order from the Court to seize your property and to sale it in order for them to obtain money, or alternatively - garnishee, bankruptcy/winding up (though these are said to be NOT the 'proper' way to execute the judgement) etc. 

Usually all begins with a demand notice or letter. When you get that, PLEASE do not ignore that. Figure out the terms stated in that demand letter, discuss it with anyone who you think fit and possible to settle. Things will become a lot uglier if summon has been filed, usually following the demand letter. 

If by any way you think the demand letter/notice is a scam, still get the legal advice from anyone you can. A high school friend, a junior, a neighbor, a cousin - who is a lawyer or randomly visit any law firm you can to consult things. Dont worry too much on the legal fee, for the consequence of ignoring the things may result to you paying a lot more in the future. 

Okay? 

These are among simple things that we use to take easy in our daily life, but not until a court is involved. Be careful people, 'ignorantia juris non excusat' - ignorance of law is not an excuse. 

Thank you. 

Regards, 

Maryam Jamilah

a legal eaglet. 

Disclaimer - fellow legal eaglets or BIG EAGLES who find any incorrect information here, kindly notify me. Thank you in advance. 

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