My Experience as an Intern at RWL (now known as RWY) - Sarah Kate Lee

It is September and I have taken my beginning steps with the CLP (Certificate of Legal Practice). It has been quite a journey to reach this juncture and as I reflect, I would not be here if not for bridges that facilitated my crossing over to this side.

One salient bridge would be my experience of working at Richard Wee Lopez (RWL) under their internship program. I began working there as an intern right after my final LLB papers while waiting for my results. At that point, I had completed three years of LLB studies but my knowledge of legal practice was rather limited.

This took a quick turn as the partners at RWL showed me the workings of a lawyer and the legal system. It began with Mr. Richard showing me the ropes and explaining certain important practices and ethics that a lawyer should have. This, I think, set a good foundation as I had a good perspective on what practice was about and what a lawyer should strive to achieve.

With that, I started reading files and I learnt how to do clerical work. This added to my understanding of the legal system and as I study the Civil Procedure and the Criminal Procedure Code now, I am glad I interned at RWL as I have a practical insight to the theoretical matter that I am currently studying.

In a fast paced month I learned how to analyze files and then write accordingly to clients, draft letters of demand, write letters to the Court (such as a mention on behalf), prepare status reports, prepare billings, and so on.

I also did a fair amount of research on areas of law when we were preparing for a case. I liked how Mr. Richard involved us interns in the case by discussing our research and explaining the importance of a relevant case law or statute. This helped me to see the big picture of what practice is. Furthermore, it was exciting to follow Mr. Richard to Court especially when I’d contributed research or written letters to the Court. It gave me a feeling or ownership towards the case.

To summarize, I think that Mr. Richard’s dedication to mentor us went a long way in the learning and emulating process for me. At any point if I was unsure about what I was doing, I felt free to ask him if, for example, the letter I was drafting was in line with the objective.

It was also helpful that I could ask Mr. Sunil about matters of civil litigation and Ms. Karen about corporate matters and conveyancing.

Apart from the impartation of legal and practical knowledge, the partners at RWL have shown me what it is to be a practicing lawyer and I have their example to follow. I am grateful for having the opportunity to intern at the firm. Thank you for all the good times, meals, and insightful conversations that we shared. I am glad I made the choice to intern here as it has prepared me for the CLP and I will strive to be a better person and lawyer in the future with this good foundation.

By: Sarah Kate Lee

My Experience as an Intern at RWL (now known as RWY) - Claudia Loh

I got to know about RWL through Rachel, one of their previous attachment student. She shared her experience in RWL with me, as I had always been interested in criminal litigation, it had driven me to want to do an attachment in the firm, one of the famous criminal law firms in Malaysia.

Initially, I was worried that it might be a bit too late to apply for the attachment. Nonetheless, I took the initiative and tried my luck. Three days later, I got a reply from Mr. Richard. Later on, he phone interviewed me and thankfully, I got through and started work the following week.

The first day of work started with something totally amazing, I was so lucky enough to be one of the people who could witness an inquest on Teoh Beng Hock’s death, an issue attracting the whole nation’s attention. Other days, I get to follow Mr. Richard to criminal trials and some civil suits. One of the most interesting case would be the drugs cases. I remember the first day of work, I asked Mr. Richard, ‘why do you want to defend those criminals even when at times you know they committed a crime?’

He gave me an answer I never expected and truly enlightening. He says this, we lawyers do not defend criminals, but we are here to defend the law. Imagine if the criminal was not represented? Who is going to ensure his rights are rightly protected by the law? Even though he may have committed a crime, but that doesn’t mean his rights should be violated in every way. Furthermore, every single case the judge decides forms a precedent and becomes the law of all future binding cases. If there is no lawyer to defend the criminals and judges can eventually do what they like, just imagine how the law could be screwed by just ONE mistake made by a judge.

Mr. Richard is one of the fantastic men I’ve ever seen. He is a part time lecturer, full time lawyer, no time slacker, and all-the-time joker. He also showed me that how important my role could be. As a future lawyer, I play an integral part in this society. Every point we submit in court, if accepted by the judge, becomes the law. I began to feel that it is not just my business anymore, it makes me feel that I have the responsibility to do my job well and serve the country. I am not just an ordinary girl, but someday, I could be the person to make justice SEEN to be done. Law is never just a tool for the government to manipulate anymore, but it is independent, and sovereign that prevails above any other thing or person. It serves as a tool to regulate and protect the nation, ensuring people or rulers do not go beyond the boundary. And we the legal professionals are the only people who can defend this function of the law and provide a hope to this country. I was instantly aspired and inspired. From then, I understand what I am getting into but instead I become even more passionate and enthusiastic about my ambition.

Many students may hate doing research which forms an ‘essential and vital’ part of an attachment student’s life. Truth to be told, I was one of them. It is not anymore after I came to RWL. I saw how my research work were being ‘transformed’ to real submissions in court, and how the judges were impressed with the authorities I found, the satisfaction I get was totally completely wholly, indescribable. I became so enthusiastic about doing research suddenly, it does not only add on my knowledge, but I began to feel confident in my capability.

RWL does not treat you just as an attachment student, but a real solicitor, most importantly they believe in your work and your ability, and you will feel that your work impacts the real case on hand. To me, an attachment is not a firm’s free labour (a labour with law knowledge what more!), but we are here to learn the reality side of practicing law. At RWL, I was not being taken advantage at all, but instead, I felt that I was educated and awakened in the course of gaining experience.

The working environment is also one that I could not ask for more. It is based in Sri Hartamas, one of the strategic area but away from heavy traffics. I did not have to wake up too early for work or stuck in jam for too long to go home. Moreover, the partners are friendly. Mr. Sunil, who does civil litigation, is the friendly man whom you feel like cuddling him; Ms. Karen, the conveyancing lawyer, is nice and caring. Our secretary, Ms. Mala is the pro in photostating, binding, preparing records of appeal etc. You feel at ease with her help. Did I mention there are a mother cat and a kitten who always hang around in the garden of our office? Look, even the cats love the firm.

I could go on and write a thesis of every detail of the firm because every bit of it is so worth sharing. Every laughter is so worth cherishing. The three-week period might not be long enough for me to gain a deeper insight but it was definitely too short enough for me to mesmerize.

By Claudia Loh

My Experience as an Intern at RWL (now known as RWY) - Rachel Wong

I started my legal attachment with the firm on 29 June 2009. The first few days was daunting as I had to wake up real early to get to work. It took me awhile to get accustomed to the working hours. Moreover, I had to familiarize myself with the firm, the partners, the clerk and my colleague.

However, when the first week was done, I felt so at home in the firm. I remembered the second day of work, I had the opportunity to follow Mr. Richard to PJ Court for a criminal matter. I was so excited as it was my first experience witnessing a criminal trial.

Furthermore, I was so privileged to be able to follow Mr. Richard for Case Management in KL Court. I was impressed with the current system of Case Management.

My first experience in the Palace of Justice in Putrajaya was enlightening. To begin with, the building itself was quite a sight, but what really caught my attention was the solemnity inside the Court of Appeal. A lot of confidence is required when submitting, and this no doubt comes with experience.

Some days, I get to sit in office and draft Letters of Demand, letters to client, and Affidavits. Other days, I get to sit in meetings with clients. I get to see real work being done. I also did quite a bit of research for the partners. I was quite incompetent at first, and did not really enjoy doing it. However, gradually I saw the advantages of completing a research. With research comes knowledge, and knowledge is indeed a powerful tool. It kept me on my feet, and it made me think a lot.

I was given the opportunity to follow Mr. Richard for a client interview in Sungai Buloh prison. It was my first experience entering the confines of a maximum security facility and it was indeed an eye-opener.

Other than that, I had to call clients, banks, government departments, lawyers and the list goes on. I was quite intimidated at first, as I was not very experienced in conversing in a very business-like manner. More often than not, the line gets transferred, or it gets cut off. As time went by, I became more confident and competent, and dealing with phone calls did not seem as intimidating as before. I had a lot of help from my colleague Yip, and the clerk Miss Mala, as they were more than willing to teach me tasks like photocopying, faxing and drafting documents.

Then of course there’s Mr. Richard, whom I respect a lot. What I remember most and am most grateful, is the fact that he took time to teach me, incompetent as I was. I will always remember his words at my last day of work. He told me my strengths and weaknesses and the areas that require improvement. He also taught me how to carry myself as a lawyer (to be). When you are a lawyer, you talk the talk, and walk to walk of a lawyer.

Mr. Sunil, on the other hand, may seem a little quiet at first, but his intelligence is indisputable. He has this award winning smile which never fails to capture the hearts of people.

Then there is Ms Karen. She’s one lady I respect a lot, due to her discipline and enthusiasm for her job.

Of course, most importantly are the meals we had together. My love for pork grew as my love for the firm blossomed. Section 17, and Pork Burger will always bring back recollections of the firm.

I remember when I first joined the firm, I knew nothing about Malaysian Law, and I had no knowledge at all about the Dangerous Drugs Act. When I left, I could even point out the different sections for different drug offences. At the end of the day, I guess it’s not about the size of the firm, nor where you work. What matters is the satisfaction you get, the knowledge you acquired and doing what you enjoy. It was indeed an enjoyable experience. If there was one word I can use to describe the firm, the people, and my experience, it would be “memorable”.

By Rachel Wong

Cyber Crime : Offending posting on websites/blogs

S211 of the Communication & Multimedia 1988 (CMA) prohibits the postings of indecent or offensive postings on Blogs/website. A look at S211 states:-

211. Prohibition on provision of offensive content.

(1) No content applications service provider, or other person using a content applications service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction.

Recently a news update from Bernama reported a case where a Bank officer was charged for posting an obscene blog title. He was charged under S233 of the CMA, a provision which we had blogged back in March 2009. The Malaysian Body regulating the Multimedia Industry is the Malaysian Communication & Multimedia Commission (MCMC) and has useful comments on the said S233. Please see link where S233is referred as part of Laws against Spamming.

For extra reading, you may visit this Blog, www.xes.cx; where the author is a Malaysian Lawyer who is well versed in Intellectual Property Law and Information Technology Law. 

We would encourage you to apply your mind and thoughts to these provisions before you make any postings on any website and/or blog.

Cyber Crime - Identity Theft

Identity Theft can be described as one pretending to be someone else and misusing that identity. It is a crime to do so, but it is not a new crime. What is new however, if the way one's identity is stolen, and where the identity is misused.

Historically people would pretend to be someone else and (for example) walk into a shop to purchase an item using the credit of another. But now, the new place to steal one's identity is in the Internet.

The Internet in recent times have seen many cases of Identity Thefts. People receiving e-mails asking for your name and bank account no is a common way to steal your identity. These e-mails are hoax and one must be wary when receiving such a request.

Another recent problem is phising. When surfing and "reaching" a website, be more careful as that website may not be the website you think it is. Classic cases are website phising for your e-mail address.

As e-commerce grows, and Internet quickly turning into the main method of registration etc, registering one's identity on the Internet will be the conduit for people to register oneself for more and more things. Things like buying stuff, confirming air tickets etc etc, can all be done through the internet.

The current laws in Malaysia to stem out Identity theft, in our view is still lacking. TheCommunication & Multimedia Act does not have specific provisions to deal with this problems, though in some of my personal meetings with Officers from Malaysian Communication & Multimedia Commission (MCMC) & Cyber Security; the people in charge of policing the Internet in Malaysia; are well aware of this problem and are looking into this.

In the interim, we share some interesting website for your knowledge and further reading on this area of Information Technology Law.

- News of an Ivy League Graduate who was seduced by money stolen from using other people's identity.

http://www.foxnews.com/story/0,2933,451944,00.html

- An American view on Identity Theft

http://www.ncsl.org/IssuesResearch/BankingInsuranceFinancialServices/IdentityTheftStateStatutes/tabid/12538/Default.aspx

- A specific website for Identity Theft from UK

https://www.identitytheft.org.uk/

- A Malaysian Context

http://www.nst.com.my/Current_News/NST/Sunday/LearningCurve/20080419163016/Article/index_html

Cyber Crime - Computer Crimes Act 1997

The Computer Crimes Act 1997, is amongst the few Statutes on Cyber Crime.

Under Section 3 CCA 1997, any person who secures access (hacking) without authority can be liable for an offence, which carries the punishment of :-

a. Fine not more than RM50,000, or;

b. Imprisonment for a term not exceeding 5 years, or;

c. both.

Section 4 CCA makes it an offence if a person commits an offence under S3 above; but this time with intention to commit fraud or act dishonestly (hacking with intent to commit fraud etc). The penalty?

a. Fine not more than RM150,000;

b. Imprisonment not exceeding 10 years, or

c. both.

Section 5 CCA relates to offences of carrying out an act which will lead to the modification of computer contents. Basically this can be described as the Computer Virus offence. If you send a virus to someone else, you may be guilty of this offence.

S5 carries the penalty of:-

a. Fine not more than RM100,000

b. imprisonment of not more than 7 years or both

If a person causes the modification as per S5 above but with intent to commit an offence(s ) under Penal Code; the penalty is enhanced to:-

a. Fine not more than RM150,000

b. Imprisonment of not more than 10 years, or both.

Section 6 CCA makes it an offence to pass on a code or password to a Computer, to an unauthorised person. You can be imposed a fine of RM25,000 or imprisonment of not more than 3 years.

Look out for more blogging on these offences.

My Experience as an Intern at RWL (now known as RWY) - Yip XiaoHeng

The past 3 months have been a very good one for me. The 3 months internship program at Richard Wee Lopez (RWL) was a memorable one for me, and I will surely miss the moments I spent in the firm with the partners, clerk and other interns. I must say that I made the right choice to come back to this firm again this year because I learnt so much. I am also blessed to have masters who are so willing to teach me even though they are busy with their everyday work.

The moments of working, playing, shopping and eating together will always be cherished in my heart, unforgettable moments I should say. The firm is like one big family, which encompasses of people of differing cultures and styles but we could all work under one roof and make things happen.

I learnt to do everyday clerical work in the firm, on top of that, I was involved with legal work such as drafting letters of demand, filing of suits and cause papers, preparing affidavits, preparing bundles of authorities for a full trial, researching important point of laws and case laws, preparing for a plea in mitigation and so much more which would go on and on. Meetings with clients were interesting too; it was a chance to meet people from all walks of life. Not forgetting, I got to travel along with my master, Mr Richard for a criminal trial in Marang, Terengganu. It was an eye-opening experience to visit the other side of the Peninsular of Malaysia. I would definitely remember the trips we made there and the moments we spent in the airport waiting for our flight back.

Besides learning legal stuff, I must say that I have learnt to be a better person too. The optimism of Mr Richard, Mr Sunil’s calmness and Ms Karen’s hardworking attitude, will I try to emulate.

Well, to conclude, I would say it was really a wonderful and memorable experience working in RWL.

By Yip Xiaoheng

Cyber Crime

Cyber Crimes would probably be the new frontier in policing crime, in the near future. For over 15 years now, Lawyers have mention that Cyber Space will be the new battle ground to stamp out criminal activities, and that comment is still not out of line, after all these years.

With internet becoming the new 'necessity' in modern life, the need to police and stamp out criminal activities in cyber space becomes more acute by the day.

In Malaysia, there are a few Statutes which deals with cyber crime. The traditional Statutes would be the Penal Code and Computer Crimes Act 1997 (CCA 1997).

However the Communications & Mulitimedia Act 1998 (CMA 1998) has many provisions which criminalizes certain activities in the internet.

The CCA 1997 basically deals with Computer Hacking, whilst the CMA 1998 deals not only with criminal activities in the internet; but is a far reaching Statute governing the organisations dealing with internet, the operation of the internet etc etc.

We would be blogging on this area, zooming on specific provisions for discussion.

Thank you.

Richard Wee

Wills, Probate & Letter of Administration (Part II)

In our earlier posting we had blogged about Wills & Probate. This is Part II of this series on Wills, Probate & Letters of Administration.

We append below a link to an excellent article by Ms Lee Chooi Peng, a partner at Messrs YH Teh & Quek. She had given a fairly extensive overview about asset management of a deceased, who left without a Will.

We trust you will find the Article, informative and useful.

Happy Reading!

http://www.malaysianbar.org.my/national_young_lawyers/have_your_own_way_with_a_will.html

Anti-Insulting-Religion Laws in Malaysia

We read with interest the latest news that the protestors of Section 23 Shah Alam last month, who had brought along a Cow Head, to protest the building of a Hindu Temple; will be charged for Sedition & Unlawful Assembly.

We would suggest an alternative provision, being Sections 298 & 298A of the Penal Code. Both provisions specifically deals with offences of insulting another person's religion.

Sedition Laws can be seen as another mode of censorship, whilst the Article 10 of the Federal Constitution guarantees the right to assemble, which we believe involved peaceful assembly.

For easy reference, we re-produce S298 & 298A of the Penal Code below.

298. Uttering words, etc. with deliberate intent to wound the religious feelings of any person.

Whoever, with deliberate- intention of wounding the religious feelings of any person, utter any word or makes any sound in the hearing of that person, or makes ant gesture in the sight of that person, or places any object in the sight of that person, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

298A. Causing etc, disharmony, disunity, or feelings or enmity, hatred or ill-will, or prejudicing, etc., the maintenance of harmony or unity, on grounds of religion.

(1) Whoever by words, either spoken or written or by signs, or by visible representations, or by any act, activity or conduct, or by organising, promoting or arranging, or assisting in organising, promoting or arranging, any activity, or otherwise in any other manner-

(a) causes, or attempts to cause, or is likely to cause disharmony, disunity, or feelings of enmity, hatred or ill-will; or

(b) prejudices or attempts to prejudice, or is likely to prejudice, the maintenance of harmony or unity,

on grounds of religion, between persons or groups of persons professing the same or different religions, shall be punished with imprisonment for a term of not less than two years and not more than five years.

(2) Sections 173A and 294 of the Criminal Procedure Code (F.M.S. Cap. 6) shall not apply in respect of an offence under subsection (1).

(3) Where any person alleges or imputes in any manner specified in subsection (1)-

(a) that any other person, or any class, group or description of persons, professing any particular religion;

(i) has ceased to profess that religion; or

(ii) should not be accepted, or cannot be accepted, as professing that religion; or

(iii) does not believe, follow, profess, or belong to, that religion; or

(b) that anything lawfully done by any religious official appointed, or by any religious authority established, constituted or appointed, by or under any written law, in the exercise of any power, or in the discharge of any duty, or in the performance of any function, of a religious character, by virtue of being so appointed, established or constituted, is not acceptable to such person, or should not be accepted by any other person or persons, or does not accord with or fulfil the requirements of that religion, or is otherwise wrong or improper,

he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill-will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing the religion referred to in the allegation or imputation.

(4) (a) Where, on any ground of a religious character, any person professing any particular religion uses for burial or cremation of any human corpse a place other than one which is lawfully used for such purpose by persons professing that religion, he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill-will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing that religion.

(b) Where any person, on any ground of a religious character, counsels, advises, instigates, urges, pleads with, or appeals or propagates to, or in any manner or by any means calls upon, whether directly or indirectly, any other person or persons professing any particular religion-

(i) to use for burial or cremation of any human corpse a place other than one which is lawfully used for such purpose by persons professing that religion; or

(ii) not to use for burial or cremation of any human corpse any place which is lawfully used for such purpose by persons professing that religion; or

(iii) not to use for worship any place which is lawfully used for such purpose by persons professing that religion,

he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill-will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing that religion or different religions.

(5) Where any person who is not a religious official appointed, or a religious authority established, constituted or appointed, by or under any written law purports to exercise any power, or to discharge any duty, or to perform any function, of a religious character, being a power, duty or function which can be lawfully exercised, discharged or performed only by a religious official appointed, or a religious authority established, constituted or appointed, by or under any written law, he shall be presumed to have contravened the provisions of subsection (1) by having acted in a manner likely to cause disharmony, disunity or feelings of enmity, hatred or ill-will, or likely to prejudice the maintenance of harmony or unity, between persons or groups of persons professing the same or different religions.

(6) The foregoing provisions of this section shall not apply to-

(a) anything done by any religious authority established, constituted or appointed by or under any written law and conferred by written law with power to give or issue any ruling or decision on any matter pertaining to the religion in respect of which the authority is established, constituted or appointed; or

(b) anything done by any person which is in pursuance of, or which accords with, any ruling or decision given or issued by such religious authority, whether or not such ruling or decision is in writing, and if in writing, whether or not it is published in the Gazette.

(7) It shall not be a defence to any charge under this section to assert that what the offender is charged with doing was done in any honest belief in, or in any honest interpretations of, any precept, tenet or teaching of any religion.

(8) If in any proceedings under this section any question arises with, regard to the interpretation of any aspect of, or any matter in relation to, any religion, the Courts shall accept the interpretation given by any religious referred to in subsection (6), being a religious authority in respect of that religion.