In Memoriam: Yang Mulia Raja Aziz Addruse

Our distinguished Past President, Yang Mulia Raja Aziz Addruse, passed away peacefully earlier today at the age of 75.

Allahyarham was called to the Malaysian Bar on 8 Jan 1966.  From Lincoln’s Inn, Allahyarham was the first President of the Malaysian Bar to serve three terms — 1976-1978, 1988-1989 and 1992-1993.  A leading advocate, Allahyarham continued to be active in Bar Council work, and appeared regularly in the Appellate Courts as a senior counsel.  He had led and argued many of the difficult and controversial cases for the Malaysian Bar.

Better Lawyers makes Better Bar (From The Star 8/7/2011)

by Richard Wee

http://www.thestar.com.my/news/story.asp?file=%2F2011%2F7%2F8%2Ffocus%2F9056215&sec=focus

THE National Young Lawyers Committee of the Bar Council recently held its Young Lawyers Convention on July 1-3 in Malacca. The convention, which takes place once every three years, saw about 140 lawyers from all over Malaysia in attendance.

The theme for the convention was “Towards a Better Bar”, which is consistent with the NYLC’s project to push our lawyers, particularly the young ones, to continue improving themselves.

The logic of this is that better lawyers will likely lead to better interpretation and implementation of the law. Higher standards incorporated into our legal profession and our legal system would result in Malaysia becoming an attractive regional legal hub like Hong Kong and Singapore.

The theme also included a holistic improvement of Malaysian lawyers, to not only advocate for intellectual progress, but also for moral and benevolent development.

In fact, many times at the convention, speakers reminded lawyers to maintain the highest ethical standards, and to conduct themselves with integrity and responsibility.

The convention impressed upon the delegates that being a lawyer signifies an important professional position in society, where elements of trust and principles are intertwined with the need to maintain high intellectual capacity when discharging their duties as advocates and solicitors.

In short, it isn’t easy to be a lawyer, but if you are one, you strive to be a good lawyer and an honest one, too.

With the theme in mind, the NYLC worked closely with the Bar Council’s Continuing Professional Develop ment (CPD) Committee.

The convention discussed the need to increase the quality of the content of the CPD at the Bar. Young lawyers were urged to attend CPD classes to acquire extra knowledge on practical aspects of legal practice.

Further to this theme of self improvement, the NYLC is proposing to form Work Practice Groups (WPGs), where young lawyers can join small groups under the mentorship of senior practitioners in specialised areas of the law like international arbitration or cross-border transactions.

The aim is for young lawyers to learn better and quicker under experienced mentors.

Going global

Young lawyers were also encouraged to attend conferences and conventions overseas. Subject to costs, these international law conferences would be a gateway to international networking and learning.

Other aspects of improvement would be for the NYLC to assist young lawyers to set up their own legal firms and to learn the proper way to do so.

The NYLC will be working with a department in the Bar Council which organises the “Getting Started” seminars. These seminars provide excellent insight into the “how and what” of setting up legal firms.

The NYLC also recognises that to ensure young lawyers continue to strive for excellence, the work conditions must also be commensurate with that desire.

The prospect of better remuneration and a better working environment at legal firms would be a good driving force to ensure that young lawyers will want to improve, and to continue staying in legal practice.

Bar Council statistics show that more than 60% of the lawyers in Peninsular Malaysia are in practice for less than three years. The principal reasons for many lawyers leaving practice after the third or fourth year are usually the high level of work stress and uncertain remuneration.

It would be difficult to urge young lawyers to improve themselves when they cannot see a bright future in terms of career advancement and better remuneration.

With that in mind, the NYLC will conduct a national survey on remuneration and career advancement within the next six months to obtain statistics on the views of young lawyers on their work conditions. The results of that survey may lead to forums and dialogues with the employers of the young lawyers.

The convention also saw the re-visiting of section 42 of the Legal Profession Act 1976 (LPA) which states that lawyers have a duty to uphold the cause of justice without regard to their own interests, without fear or favour, and that there is a duty to protect and assist the public in all matters ancillary or incidental to the law.

The delegates at the convention, in subscribing to the spirit and intent of the theme, spoke of their moral duties to uphold justice at all times. Section 42 of the LPA became a battle-cry in one of the sessions at the convention when discussing activism at the Bar.

When the Statement of the Con vention was issued at the end (as further described below), the delegates added a provision in the statement calling for the authorities in this country to adhere to the Federal Constitution and that the young lawyers are prepared to stand up and defend the law if the law is incorrectly and improperly implemented.

At first glance, the convention may look like a stew with too many spices or like a plate too full for the NYLC to handle. To the contrary, many spices are required to make the stew better and the varied ingredients will ensure the Bar remains progressive and at the cutting edge of the law.

A five-point statement was issued at the close of the convention. Fondly dubbed the “Malacca Statement”, reflecting the location of its birth, it reflects the theme of the convention, calling for the implementation of projects towards achieving a better Bar.

There are many classy and intelligent lawyers in Malaysia, and the Malaysian Bar is a strong Bar. Of course there may be a few bad apples among the Bar but the NYLC will focus on the strengths of the Bar and harness that quality to ensure the Bar strives forward.

The NYLC intends to challenge young lawyers who join the Bar to move outside their comfort zone and to push them to persevere and persist towards progress.

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> The writer is the Chairman of the National Young Lawyers Committee. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visitwww.malaysianbar.org.my

My Experience As An Intern at RWY (By Nicholas Er)

1st July 2011

My name is Nicholas Er, a current LLB (UOL) undergraduate in KDU University College. Firstly, I would like to thank Mr. Richard and Mr. Yip, the partners in RWY for accepting me as an attachment student in their legal firm. Whatever I have learnt here, it is beyond my LLB course.

The first thing that I have learnt is to send a letter of demand (LOD). It is called ‘precedent’ but not ‘sample’ if I am requesting for a previous LOD. It is not easy to write a LOD as it must be clear and easy to understand by the reader. Liability and quantum have to be clearly stated. Then, I have also come across with different modes of sending a mail such as Certificate of Posting, AR Registered and etc.

The next thing that I have learnt is that all the files must be kept tidy. “A messy file means a messy lawyer” is the advice from Mr. Richard. Then, the first thing to be read in a file is correspondence to understand the facts. Be prepared before going for hearing or trial is needed as the judge would ask all kinds of questions. To be a good lawyer, we must understand our facts and plan our strategy well. This is the advice from Mr. Yip.

I have gone to the High Court thrice with the partners to see how lawyers debate in the court. Thanks to Xiao Heng, he had explained to me how the court works and brought me to various places in the High Court. Although there are not many litigation cases in this month which enable me to go to the court frequently, I am feeling glad that I have learnt many things in the office including to do research on s. 232 Companies Act 1965 involving liquidators, meeting client, and also to read the high-profile cases which have involved drugs. This is the time when I have to study s. 39(B) of the Dangerous Drugs Act 1952 carefully.

In addition, I have also learnt on how superior courts and subordinate courts work in Malaysia. Different courts hear different civil matter which is based on the monetary amount of the claim. And then what steps should be taken if an appeal is to be made and what rules have to be complied with were explained to me by Ms. Salvindar. I certainly have a clearer picture on the Judiciary of Malaysia after the explanation.

There are times when I think that I am not good enough while having my internship in RWY especially when I was careless and not being initiative enough. There was once when I was asked to read a few files, and after I have read it I was just waiting for the further instructions. Subsequently I was told that I have to approach my senior once I have read the files and ask whatever questions that I do not understand. That was the time I realized I have to be more initiative in future. Moreover, I was advised to make two changes to myself: talk confidently and improve my English language.

Lastly, I would like to thank all the professionals in RWY for guiding me patiently and have treated me as if I am one of the family members here. I apologized if I have said or done anything wrongly in this period and I wish all the best to everybody in RWY.

Young Lawyers Convention 2011

Young Lawyers Convention 2011 @Everly Beach Resort, Malacca

Richard Wee & Yip supports the Young Lawyers Convention, and is proud to announce the sponsorship of 2 young legal eagle.

We urge the younger members of the Bar attend this Convention which takes place, once every 3 years.

Resulting Trust

Many Klang Valley road users, purchase the service of Touch & Go (T&G). T&G, usually associated with Toll Roads, are also now used to pay car park entry and to get a ride on the LRT trains.

How it works is that a person will pay a certain credit amount, and whenever the user touch the T&G card on the T&G panels, certain money will be taken up.

Unlike Singapore, where the cash card is virtually owned by the Singapore Government, T&G in Malaysia is privately owned. This leads to an interesting question; If that Company which owns T&G is wound-up, who owns the money paid by the consumer of the T&G (but yet to be credited)?

So if you have RM100 balance in your T&G card, and if the owner Company collapses tomorrow, do you have a claim over that RM100 or, can the Receiver/Liquidator of that Company claim that the unused credit belongs to T&G?

Using the concept in Law of Trust, particularly Resulting Trust; it is likely that the said money should be returned to you. The logic would be that the PURPOSE and INTENT of that money paid to T&G is for you to use the services of T&G. So until such time you use that services, the money you paid is merely an upfront money, which is basically kept on Trust by that company. So long as you have not used T&G's services, it can be contended that the said money is still yours.

*kindly take note, this is merely an academic example, for purposes of discussion and understanding of the Law of Trust, particularly the concept of Resulting Trust. In no way are we insinuating that Touch & Go or any company related to it is wound up or will be wound up.

Putik Lada : Malaysia, Our Unique Home!

*featured in The Star's Putik Lada on 14th April 2011

TO over 20 million people, Malaysia is home. In this home, we have beautiful beaches, exotic islands and gorgeous landscape.

Our country is blessed with natural beauty.

If we wish to have a beautiful holiday on a beautiful island, we have Langkawi, Pangkor, Tioman and Sipadan, among others.

If we wish to scale the highlands of the country, Mount Kinabalu is waiting for us to conquer.

Taman Negara awaits the adventurous ones to come hike and camp.

We have our own casinos like those at Vegas. We have beautiful towers as well as the tallest twin towers, in Kuala Lumpur.

From Penang to Johor Baru; from Kota Kinabalu to Kuching, we find beautiful colonial and old buildings built by our forefathers.

Food is special in Malaysia.

The mix of all the races in the country makes our own “rojak” when it comes to food.

And yes, we all love our Malaysian food. When we go abroad, we will always miss our food.

If a foreign friend asks for an honest description of our country, the above will probably be what you will tell the friend.

However, since the friend requested an “honest description” of our country, we cannot stop at just culture, food and nature.

We ought to inform the friend of our system and people, too.

This is where our discussions may vary and change.

We ought to inform our foreign friend that in Malaysia, politics and the system of administration are big issues.

Almost every day, news on these topics will be reported.

To the foreigner reading such news, it would appear that while we are united in our love for our food and our natural beauty, we are, however, not united on many issues in this country.

This is of course normal, as no country in the world has a population entirely united in all views.

A real concern of Malaysians today is not just the difference in views, but rather, the attempts by certain groups in Malaysia to divide the people and instigate a clash.

We see people who constantly attack and bully others.

Talk-down or fiery comments are made without responsibility and care for the feelings of the other person.

It is fine if people cannot agree, but it is another thing to speak in confrontational and intimidating tones.

While people may be free to speak, as they have freedom of speech, this freedom comes with responsibility and accountability.

It is odd that while our Prime Minister strives for a united country via his 1Malaysia concept, there are people who choose to divide the country with their divisive views.

Back to this “honest description” to the foreign friend.

A description of our country would also not be complete without detailing our love for sports.

Thousands will watch a local football match, and our world-class badminton and squash champions.

When we meet, other than politics, sports is certainly one subject Malaysians love to discuss.

We have our own Formula 1 team.

It hasn’t won a race yet, and it does spend quite a large chunk of money (some from taxpayers), but the fact is we have our own Formula 1 team. We ought to inform our foreign friend of the many sports facilities we have in Malaysia.

Some are not well maintained, but the fact is, we have those facilities. Perhaps in time we will improve on the maintenance aspect.

Our great infrastructure must also be mentioned – the highways, the airports and the trains that traverse all over peninsular Malaysia.

Of course our roads have many potholes, our luggage sometimes get lost at our airports and our trains sometimes break down, especially the LRT in Kuala Lumpur; but the fact remains, we have these facilities.

The foreign friend would also be happy to know that Malaysia does not have volcanic mountains; our country is not sitting on nearby tectonic plates which may cause earthquakes or tsunamis. In this sense we are truly a blessed country.

Any advice or comment to the foreign friend is also incomplete without the story of the people.

Malaysians are patient and forgiving people.

We will hear illogical comments from people claiming authority, or even Members of Parliament making silly comments.

But time has shown that Malaysians will always forgive these comments and sometimes re-elect the very same Members of Parliament who made those silly comments.

Malaysians are also calm people. When facing racist and absolutely bewildering comments, we remain calm and steady.

We do have some protests and demonstrations but these are regularly extinguished by our police force.

But Malaysians, above all else, will always be Malaysian.

We can take a Malaysian out of Malaysia, but we can never take Malaysia out of a Malaysian.

We will always love our food, we will always enjoy our country’s beauty and we will always hope our sportsmen/women will win the next world championship.

The above will probably be an honest description of our country to any foreign friend who wishes to visit us or to migrate here.

> The writer is chairman of the National Young Lawyers Committee of the Bar Council. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, please visitwww.malaysianbar.org.my