Your SlideShare is downloading. ×
  • Like
Legal Cauldron issue 2 of 2012
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Now you can save presentations on your phone or tablet

Available for both IPhone and Android

Text the download link to your phone

Standard text messaging rates apply

Legal Cauldron issue 2 of 2012

  • 496 views
Published

A bi-annual legal magazine published by Messrs Jayadeep Hari & Jamil (Malaysia)

A bi-annual legal magazine published by Messrs Jayadeep Hari & Jamil (Malaysia)

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
496
On SlideShare
0
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
1
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. No KDN: PP 15706/02/2013 (032198) LEGAL CAULDRON Jayadeep Hari & Jamil Advocates and Solicitors In this issue: Group Insurance Policy - Sue the insurer? Think again. Rear End Collision - Is it always entirely your fault? Company Directors - Can members sue them? 360 Student Attachment Programme - Student reviews JHJ & Great Eastern collaboration on the CRC. JHJ Family Day - Flying Fox & Jungle Gym JHJ Charity Mission - Madagascar 3 Movie Day with Orphans Issue no. 2 EDITORS:LEGAL CAULDRON Issue No 2 of 2012 Andrew Chee Adeline Chin 2012 CONTRIBUTORS: Eunice H.S. Ong of Barvina Punnusamy Shobana Padmanathan Our offices: PETALING JAYA KOTA BHARU 1 KOTA BHARU 2 MELAKA KUALA LUMPUR Unit 612, 6th Floor, 2713, 1st Floor, Section 22, Tingkat 2, Lot 11, No.54-1, Jalan TU 2, Suite 2.03 (2nd Floor) Menara Mutiara Majestic, Batu 2, Jalan Kuala Krai, Bangunan Tabung Haji, Taman Tasik Utama, Block A, No 45, Medan Setia Satu, No. 15, Jalan Othman, 15050 Kota Bharu, Kompleks Niaga, Jalan Dato Pati, 75450 Ayer Keroh, Plaza Damansara, Bukit Damansara, 46000 PJ, Selangor. Kelantan. 15000 Kota Bharu, Kelantan. Melaka. 50490 Kuala Lumpur. T: 03-7784 7255 T: 09-741 2050 T: 09-747 7782 T: 06-234 7330 T: 03-2096 1478 | F: 03-2096 1480 F: 03-7781 7255 F: 09-741 2051 F: 09-747 4733 F: 06-234 4800 www.jhj.com.my
  • 2. MESSAGE FROM THE EDITOR:Welcome to the second edition of the Legal Cauldron for Emmanuel Children‟s Home, Rumah Kebajikan Darulthe year 2012. It seemed not too long ago that the year Kifayah, and Persatuan Kebajikan Teratak Shifa to watchbegan but half a year has nevertheless gone by. We hope Madagascar 3: Europe‟s Most Wanted at Cathay Cineplexthe year has been as exciting, hectic and fun for you has it e@Curve (formerly Cineleisure Damansara). Perhaps withhas been for JHJ. And now, we bring you once more our the impending marriages of some of our JHJ Familylegal writings from our team of lawyers and as always, we members, children are a subject currently close to home.do our best to keep our clients abreast with the latest and We all had a riot watching the movie. We have to say thatpertinent legal and social issues. We hope you enjoy reading the children were very well-behaved and we are glad toour newsletter as much as we enjoyed writing them. have spent time and brought some excitement to their Saturday. Please see photos of the event on page 8.In our last edition, we mentioned that our headquarters inBukit Damansara had expanded and with the expansion, we It seems we have had a very family-oriented first half andalso now have new colleagues (and friends) to add to the coincidentally, JHJ also had its Family Day in 7th March albeitJHJ family. We would like to introduce to you: a physically-challenging one. The JHJ Family and their own real family members and friends went to Skytrex Adventure Siti Khadijah (Lawyer – CR Department) in Bukit Cahaya Seri Alam to undertake the “Big Thrill” Suthes (Lawyer – CR Department) circuit involving tightropes, climbing rope ladders and flying Manisah (Lawyer – Conveyancing Department) fox challenges. It was no mean feat but we all had our safety Adeline (Manager – Knowledge Department) harness and clips on at all times and had a good and Saravanan (Secretary – CR Department) energetic outing. Please see photos of the event on page 4 Didie (Secretary – Conveyancing Department) Aisyah (Receptionist) And finally, our Attachment Students have successfully finished our JHJ 360o Student Programme and are facing theWe are very glad to have such capable yet affable CLP exams soon. We bid them all the best and we‟re surepersonalities onboard and look forward, not just to work they will do well. In fact, we have been very pleased withtogether but to have fun together especially in our their performance that we have offered them all positionsupcoming office trip! for pupillage upon successful completion of their exams. We now look forward to a second batch of AttachmentOn that note, please visit our website (www.jhj.com.my) Students which we expect to be even more successful givenand see our updated Nature of Practice and Industry that we have also learnt from our own experiences in thisExperience, which has expanded since our last edition to Programme and have tweaked it further to help make theinclude various other new areas that we have now ventured Students‟ learning smoother and more effective. Anyoneinto. We have, among other areas, extended our scope of interested in our Programme may email kd@jhj.com.my toservices, such as into the mining industry. We would like to apply.thank our clients who have had the faith and confidence tobring to us new matters in new areas that allowed us to Now without further ado, please enjoy the latest edition ofexpand our knowledge. We are glad to say that we the Cauldron with our compliments.managed, guided always by our We Care philosophy andcore values, to bring all matters in new areas to verysatisfactory conclusions. EDITOROutside the office however, JHJ was invited by Great Andrew CheeEastern Life Assurance to collaborate on a CRC Event Knowledge Dept(Convention of the Rights of the Child) on 31st March this andrewchee@jhj.com.myyear. We jumped at the opportunity and Barvina, who hasalways been a passionate Human and Child Rights advocate,spoke on behalf of JHJ to a large crowd of secondary schoolstudents of their rights in this country. In addition to that,Mr Jayananda Rao, long time friend of Jayadeep and Hari anda criminal lawyer of 19 years, spoke also at the event andinformed the children of their rights in relation to theCriminal Justice System. It was amazing that the childrenwere highly entertained, yet thoroughly informed, by hisexplanation and personal accounts of juvenile cases he hashandled. Please see photos of the event on page 6.And further to do with children, JHJ had a second eventrelating to children. During our Annual Charity Event on16th June, we brought orphaned children from Praise Legal Cauldron 2 of 2012 | 2
  • 3. GROUP INSURANCE POLICY - Sue the Insurer? Think Again. By Eunice H.S. Ong When you are employed with a company, more privity of contract, which is simply defined as you willoften than not, you will enjoy the benefit of insurance have no right to the contract, if you are not part of it.hospitalisation coverage. This is where your This is unless the group accident policy namesemployment contract or employment handbook will say specifically the beneficiaries, and that the beneficiariessomething like this:- may on their own accord file a claim with the insurance company.“Hospitalisation benefits are available to you as anemployee through our group medical insurance.” However, if the group accident policy merely has the owner of the policy being your employer, then Alternatively, you could have taken a group the law of privity will apply.accident policy when you apply for membership of say aHoliday Members Club or a Turf Club for that matter. If I may cite an example in a reported case, in Anuar bin Ismail v Tan Sri Tan Chin Tuan & Anor Then, something unfortunate happens, you [1992] 1 MLJ 155, a professional jockey was requiredwere admitted into a hospital and require a surgical to contribute 2% of his riding fees and prize money toprocedure to be done or you suffer a prolapsed disc the Malayan Racing Association Fund and part of this(touch wood), you make a claim against the insurance money was used to pay for the group insurance policy.company and your claim gets… rejected. He suffered injuries and was unable to return to professional competitive horse riding on 4 December The usual drill takes place, you get angry and 1987 and made a claim against the insurer.you make a lot of noise, but to no avail. The claimofficers still refuse to process your claim. Then you get Now, as we have expected, the court dismissedfree coffee-shop legal advice which prompts you to sue his claim against the insurer on the ground that he wasthe insurance company in Court. not a party to the contract. The court had stated that the absolute owner of the policy was the association You may have been told that you will win the and only the association could claim under it and no onecase, get your claim processed and get the money else.insured. You may think that you have insurancecoverage, pursuant to your employment contract or But before you hit panic button and concludeyour membership card, there is absolutely no reason that you have no right to claim from the insurancethat you should fail in your claim. Think again. company of the sum you were insured on, you should know that all is not lost. What this means is that your employer being the owner of the policy and also “...generally you are not the owner pursuant to your contract of employment, it is the duty of your employer to make that claim with the insurers of the of the policy...” and collect the sum insured on trust for you. Now, let us put things in perspective. Say we In the case of Bank Bumiputra Malaysia Bhduse the first example of your benefit as an employee of v Mohamed Salleh [2000] 2 CLJ 13 the court heldenjoying hospitalisation benefits; you make a claim as follows:-against the insurance company for hospitalisationexpenses, which you had incurred for treating your “…under the ordinary principles that govern the lawprolapsed disc condition. of trusts, any employee would be able to lodge a claim, as a beneficiary of the policy against MNI. This What we should first realise is that although would cause great difficulties to the insurer because itthe policy taken by your employer is for your benefit, will then be faced with a multitude of claims… thegenerally you are not the owner of the policy as you are person such as the respondent [the employee] cannotnot named in the policy. You do not pay any form of claim anything under the policy from MNI directly.contributions to the insurance company, your employer However, the appellant [employer] is entitled todoes. And generally, until and unless a statute is passed receive any benefit due to the respondent. Onceto protect the third parties to a contract in Malaysia, received it will hold monies as trustee for theyou will not be able to succeed in the suit against the respondent. This then is what a group insurance policyinsurance company. This is what we lawyers like to call, is about.” [emphasis my own] Legal Cauldron 2 of 2012 | 3
  • 4. To translate that quote in simple terms, it EVENTSmeans that the right/duty to claim from the insurer lieswith your employer, who will collect/receive the moneyon trust for you and make the necessary payment toyou. JHJ team conquers Skytrex on Family “Your cause of action will be against The JHJ team went beyond office boundaries and ventured into the terrains of Skytrex for some good old exercise, your employer.” fresh air and lush greenery in Bukit Cahaya, Shah Alam to celebrate our annual Family Day. High spirits and the many outdoor facilities available ensured some healthy So no, you cannot claim against the insurer for competition and teamwork amongst us. Flying Fox had oura group accident/hospitalisation policy if you are not hearts pumping, Hanging Bridge had our heads spinning;specifically named in the policy and if it is not stated but the picnic after made up for all the energythat you have a right to make that claim, but you can consumption. It was a revitalising Family Day indeed! Wemost certainly claim against your employer or whoever all went home drenched in sweat with a bucket load ofthe owner of the policy will be. And if your employer cheer.does not take any action for the insured sum to be paidto you, your cause of action will be against youremployer, pursuant to the employment contract thatyou have signed with your employer. This means thatalthough you do not have a cause of action against theinsurance company, you do certainly have a cause ofaction against your employer pursuant to theemployment contract. So, what you do when you need to claim forhospitalisation expenses is to notify your employer, andleave the administration in their good hands. By Eunice H.S. Ong eunice@jhj.com.myInteresting Cases:Sanmarkan a/l Ganapathy & Anor (asadministrators of the estate ofSaradhamani a/p Doraisamy Gopal, thedeceased) v Dato Dr V Thuraisingham &Ors [2012] 3 MLJ 817:Doctors would be liable for negligence if there wassufficient equipment, knowledge, skill and experienceto diagnose the ailment but yet failed to furtherinvestigate matters.Bank Muamalat Malaysia Bhd v MahkamahPerusahaan Malaysia & Anor [2011] 6 AMR832:An employee’s dismissal from his job for khalwat isjustified because it is a recognised gross misconductand the employer’s reputation is to be given priority. Legal Cauldron 2 of 2012 | 4
  • 5. REAR END COLLISION - Is it always entirely your fault? By Barvina Punnusamy Imagine driving on the road while listening to your for the collision as the other driver has a duty tofavourite music, you are just following behind a vehicle anticipate possible presence of others on the road andwhen suddenly the vehicle in front stops and you collide have a good lookout as held in Chai Phin Chong &with the vehicle. You are in shock, confused even. The Anor v Zainal Abidin Mohd Salleh & Anor [1998]driver comes out, screams at you that it is your fault. But, 4 CLJ 833. In this case, the Court decided that sincehow could that be? Why should you be blamed for the the other driver had suddenly stopped his vehiclecollision when it was the driver who suddenly stopped without giving any indication, he should be blamed forwithout any signal or indication? However the driver insists the collision as well. Although you should havethat you should be blamed since you had collided into the maintained a safe distance with the vehicle in front ofrear end of the vehicle. People start surrounding your you, this does not mean that the other driver had notvehicle and they also say that it is your fault as the driver contributed to the collision through his negligence.travelling behind. In order to avoid any arguments anddispute with the other driver, you agree to pay for damages In fact there are cases where the courts havejust to be able to drive away from the scene of the collision. found that the driver travelling in front to be entirely atBut, is it really entirely your fault? fault for a rear end collision. For example, the Court in Kamaruddin Mohd Nor & Anor v Soon Soo Moe & Anor [1998] 4 CLJ Supp 301 held that the driver “Why should you be blamed for the of a lorry swinging from left to right in order to execute collision when it was the driver who a U-turn and colliding with a motorcyclist coming from the rear was held totally to blame. sudenly stopped without any signal or indication?” “You may not be entirely at fault for There seems to be an unwritten rule that if you the collision.”collide with a vehicle in front of you, it is always your faultregardless of the circumstances leading to the collision. This denotes that if the circumstances leadingSurely, this is wrong because there could be other to the collision shows negligence on the part of theoccasions that result in a rear end collision like when a driver travelling in the front vehicle, then as the driverdriver suddenly changes lane and encroaches into your lane. travelling behind, you will not be held entirely at fault.The notion involving rear end collision comes from rule 22of the Highway Code which stipulates that the following Therefore, you should not have paid thedriver should allow at least one car‟s length between his car damages in full to the other driver because you wereand the vehicle in front for every ten miles an hour of its not entirely at fault since there may be contributoryspeed. negligence from the other driver. As a driver following behind a vehicle, it is undeniable that you have a duty to Although you may have collided with a vehicle maintain a safe distance with the vehicle travelling inon the rear but it does not necessarily mean that you front of you. But, in the event of a rear end collision, itare to be entirely blamed for the collision based on the does not mean that you are entirely at fault regardlesscase of Leng Yang Sua & Anor v Ng Yen Ken & of the circumstances leading to the collision asAnor [1986] CLJ (Rep) 448 which held that rear demonstrated in the above cases.vehicle collisions should be decided on their own factssince there has been no judicial consistency. The Court So, the next time you are involved in a rear endin Abdullah Karim v Ahmad Abdullah & Anor collision, identify whether there was negligence on the[1991] 2 CLJ (Rep) 238 decided that the driver in part of the driver travelling in the vehicle in front andfront who had failed to keep a proper lookout before despite what others might say, it is not always entirelyhe stopped the bus to pick up the would-be passenger your fault if you collide with a vehicle on the rear end.was found 25% liable for the collision. The driverfollowing behind was held 75% liable as he had failed tocarry out his duty to keep a safe distance whilefollowing behind the bus. By Barvina Punnusamy barvina@jhj.com.my This means that you may not be entirely at fault Legal Cauldron 2 of 2012 | 5
  • 6. EVENTS A Child‟s Prerogative: Insight to Your Legal Rights‟ ForumOn 17 February 1995, Malaysia granted accession to the United Nations Treaty on Human Rights - Conventionon the Rights of the Child. Echoing the accession and the need for a more well informed society on children‟srights, Great Eastern Life Assurance (Malaysia) Berhad have in collaboration with JHJ, UNICEF Malaysia, JabatanKebajikan Masyarakat Malaysia and Persatuan Siswazah Wanita Malaysia undertook the decision to organize thisforum on the 31st of March 2012. Present were experienced guest speakers from participating organizations,students from various schools and other attendees who are keen in learning more about children‟s rights. Here,we embarked on an insightful journey in the quest to secure a better brighter future for our younger generation.Beginning of „A Child‟s Prerogative - Insight to Ms. Barvina speaking on behalf of JHJ to a crowd your Legal Rights‟ Forum‟ by Great Eastern of secondary school students on their rightsVoice Out - Mr. Jayananda Rao interviewing a Active participation of attendees during an student during the Q&A session interactive session with the speakers Students listening attentively as Mr. Rao The Forum helps provoke thoughts amongstelaborates his viewpoints on the subject matter attendees by means of intellectual games Legal Cauldron 2 of 2012 | 6
  • 7. COMPANY DIRECTORS - Can members sue them? By Shobana Padmanathan Many of us are members of a company. As The courts have customarily been reluctant tomembers, we entrust the responsibility of the company‟s interfere with corporate decisions unless there is a clearaffairs being conducted to our best interest in the hands of case justifying such an interference. This is so to avoidthe company‟s directors. For efficient and clear vexatious or baseless claims brought up by minorityadministration, a company‟s Articles outlines the governing shareholders against the directors of a company. This isrules, duties and functions of the directors in order to known as the internal management rule founded in theprotect the company and its members from abuse of English case of Foss vs. Harbottle.powers and conflict of interests. But what happens whenthings get out of control? What can the members do to The setback of this rule is that it deprives thesave themselves from being oppressed by these directors minority from having an avenue for their complaints to bewho are inevitably the the mind and will of the company? heard. To solve this problem, certain exceptions wereBut before all that, who is a member? made, which include allowing members to bring a personal action against a director if the act complained of constitutes There is a difference between a member and a fraud on the minority.shareholder. A person is called a member of the company ifhis name is included in the company‟s register. He remains a Moving on, we will look at what the Act has tomember so long as his name is not removed from the offer for the members of a company. Section 181 of the Actcompany‟s register. However, a shareholder is a person provides a list of reasons and remedies for instances ofwho carries the ordinary shares of that particular company. oppression. The gist of this section is that if there has beenThe shareholder will become a member if his name is an oppression of the company‟s members; i.e. the members‟included in the company‟s register. Apart from that, interests being starkly disregarded, unfairly discriminated orsubscribers of the company‟s Memorandum of Association prejudiced, the law allows them to bring an action in courtwill by default be deemed the original members of the to end or to remedy the act complained of. Thereafter, thecompany. court will prohibit or cancel the act, regulate the future affairs of the company, put the minority member‟s shares up for sale to other members of the company, or in worst case “A person is called the member of a scenario, order that the company be wound up. company if his name is included in The question to be decided by the court is whether the register of a company.” the reasonable or legitimate expectations of a member have been breached. To cite some precedents, the case of Chiew Sze Sun v Cast Iron Products Sdn Bhd So again, how do we control the “controllers of illustrates that when poor financial reporting led to minoritythe company” when they have been given administrative shareholders‟ interests being side-lined amounted topowers? Fortunately, the law have safeguarded our interest oppression. In Ng Chee Keong v Ng Teong Kiatin various ways so as to provide us the rights to bring an Highlands Plantation Ltd, the company‟s assets consistedaction against oppressive directors. The next question is, of tea plantations. As the company have neglected thewhat is “oppressive”? Any conduct of disregard, injustice, plantation, the state government indicated that the propertydiscrimination and prejudice done towards the company or will be forfeited. The court held that there was oppressionits members is considered to be oppressive. This includes, because the directors had conducted the affairs of theamong others, denial of access to information, excessive company in disregard of its members‟ interest. Anotherpayment of director‟s remuneration, misuse of company‟s important section is sections 218 (1)(f) and 218 (1)(i).funds or assets, failure to execute an action, unfair share These sections provide for the situation where a companyallotment, performance of conducts damaging to the may be wound up. It is the intention of Parliament that if thecompany and any other breach of director‟s duties. directors have acted in their own interests and not the interest of its members in an unjust and prejudicial manner, The governing law for this area is no other than the Court will wind up the company if they find it “just andthe Companies Act of Malaysia 1965 („the Act‟) enacted equitable” to do so. “Just and equitable” simply meansby Parliament. The Act provides effective procedures fairness in justice by means of reason and conscience.enabling a company‟s members to obtain remedies in case Examples of situations that have been accepted as valid forof oppression. Members may also seek to bring an action winding up on “just and equitable” grounds include instancesagainst a director for breach of fiduciary duties under the when the purpose of the company could not be achieved,common law. when the management is deadlocked or is guilty of serious Legal Cauldron 2 of 2012 | 7
  • 8. irregularities, and if there is a breakdown of mutual trust EVENTSwithin the management of the company. “The question to be decided by the Madagascar III - Movie Day with Orphans court is whether the reasonable or Popcorns, Fruit Juices & Lunch Boxes after. Lets Move It! legitimate expectations of a member have been breached.” The members may also seek to remove a directorwho is oppressive under section 128 of the Act and Article69 of the Articles of Association. Requirements under thelaw for a resolution of removal to be passed is firstly, formembers to give notice of such resolution not less thantwenty-eight (28) days prior to the proposed meeting, andsecondly to pass an ordinary resolution by ways of a simplemajority. A remedy also available under the common law isthe members‟ derivative action. Simply put, it allows amember to bring an action against the director on behalf ofthe company. If the derivative action is successful and thedirector is ordered by the company to pay compensation, Thirstthe compensation is paid to the company and not to the Quenchers!individual member. This is because it is the company which Saravananhas a right to bring the legal action and not the individual handing outmember. bottles of fruit juice to the In conclusion, although the directors of a company childrenare conferred certain powers to ensure the smooth-running before theand effective functioning of a company, the law have movie startsdeveloped various remedies to protect the interests of thecompany and its members should the directors act unfairlyand/or oppressively. Long Queue Boys from Rumah Anak Yatim Darul By Shobana Padmanathan Kifayah lining shobana@jhj.com.my up for their lunch boxes after an hour of giggles Legal Cauldron 2 of 2012 | 8
  • 9. FEATURE ARTICLE JHJ 360° Months have passed and the three young lads who joined the JHJ family late last year have completed STUDENT their student attachment programme. We have 360o witnessed their dedication and dilligence throughout ATTACHMENT the duration of the programme and are proud of PROGRAMME their accomplishments. Here are their afterthoughts on JHJ‟s 360° Student Attachment Programme. Vijayandran LLB University of London External Programme 2011 It has been six months since I first started the JHJ 360° attachment program in Jayadeep Hari and Jamil. Never once in my entire experience have I regretted the decision of joining the program. Being involved in four different departments, I have had the chance to experience a wide scope of legal matters from court documents, agreements, research and court work. This is due to the wide scope of tasks ranging from legal work to other types of tasks. The program through the tasksdesigned gives a slight glimpse into the workings of a law firm from the managerial standpoint to the synchronisation ofwork between the lawyers and also the chambering students apart from legal works. Being given the opportunity to follow the lawyers to court and meeting clients was a real eye opener. For me,court litigation had been heavily influenced by movies and television. Sitting in a court room for the first time was amagnificent experience and it gave me a firsthand knowledge to properly understand what I would be embarking upon inthe future. Court ethics and advocacy played such a huge part in the litigation process. It was also crucial to realise therole that the clients played in the litigation process and the responsibilities we have accepted in handling their case. Thechoices we make and the litigation process we go through would greatly affect our clients long after we have forgottenabout it. One of the task which made me realise to never ignore the small things and take it for granted was the despatchtask. Having to run around everywhere was not something small. Waiting in line for hours merely to submit a document incourt or to get approval by one of the government bodies is not a luxury a chambering student or a lawyer has. Withoutthe despatch, the law firm would not be able to run smoothly and maybe even come to a standstill with everyone runningfrom one place to another. The best thing about the firm was the people inside. The chambering students, the clerks and the lawyers have allbeen a great help and have never turned me down. Some even took time out of their busy schedule to explain some of thebasics for the task that I were to handle. Even if some tasks were fictional, they took the greatest effort to explain whatneeded to be done and what are the desired results. Overall, the six months I spent in JHJ was a pleasant and enjoyableone due to the people and the working culture. JHJ really lives up to their motto “We Care”. Fong Kai Mun LLB University of London External Programme 2011 I have always wanted to know how a law firm actually functions and how lawyers actually do their job. Through this JHJ 360° programme, I managed to have a glimpse at how it all works. Through the programme, I understood that being a lawyer isn‟t easy at all. They are here to get the job done. You are expected to meet clients‟ needs and protect their interests while considering the case from the opposing party‟s angle and all the other possible problems that might arise under foreseeablecircumstances. Therefore it is sometimes very difficult to strike a balance between solving the problem and benefiting yourclients because you cannot be disregarding the other party‟s interests as well. [to be continued on the next page…] Legal Cauldron 2 of 2012 | 9
  • 10. As a lawyer you have to deal with all sorts of people; people from different cultures and backgrounds. You arebound to meet difficulties in dealing with these people. It becomes even more difficult when there are miscommunicationsand human errors. Therefore in order to be a lawyer, you would not only need to be smart but you also have to beresourceful and be able to communicate well with the people that you work with, to be persuasive. Time appears to be never enough for a busy lawyer. It is known that lawyers have to work long hours and I haveseen lawyers working extra hours just to get the job done. It seems that in order to be a successful lawyer you would alsoneed to manage your time well. It is getting increasingly difficult to survive in this competitive industry, the „cut-throat industry‟ as some would callit. In order to thrive, lawyers have to live up to the standards of a true professional by providing better services to theclients. If you are really good at what you do, you would not need to hunt for jobs anymore. Opportunities come to you. Iwas told that the only thing a lawyer can truly rely on is his/her knowledge and understanding of the law. Afterall, this isthe tool of the trade. Through this programme, I have also come to an understanding that ethics are very important to a lawyer. Thereare legal practitioners committing criminal breach of trusts and absconding with the clients‟ money. But where is thehonour of being a professional if we do not follow the code of conduct? Hopefully I would be able to carry myself wellenough in the future so as not to bring shame to the profession. What do I have to say about this programme? The JHJ 360° programme is really practical and truly beneficial to alaw student such as myself. I would not have been able to learn as much as I did here if I were to be anywhere else. I amproud to be an attachment student under the JHJ 360° Programme. I hope that JHJ will continue providing this greatopportunity to other students in the future in order for them to experience what we have experienced. Last but not least,I just want to say: “Thank You JHJ”. Ng Chin Han LLB University of London External Programme 2011 For the past four months, it has been a great pleasure for me to participate in JHJ‟s 360° Student Attachment Programme. My JHJ experience kickstarted when I received the Book Prize Award sponsored by JHJ for LLB Part 2 Finals, which enabled me to partake in this 360° Student Attachment Programme. Prior to joining the firm, I have been informed by JHJ‟s Head of Knowledge Department and the two otherStudent Attachment Programme participants about the invaluable experiences one can get from this programme. Hence, Ijoined the program with great anticipation, hoping to gain appraisable skills and experience through the course of thisprogramme. Expectantly, this programme have lived up to, if not went beyond my intents. The biggest impact this Attachment Program have on me perhaps is that it gave me the opportunity to get toknow the legal field better. By joining the Programme, I was exposed not just to all the legal work which I couldn‟t haveexperienced during the course of my Law Degree or CLP study, but also to the JHJ team which is vastly experienced in thelegal field. By performing legal works and mingling with the JHJ team, I have gotten to know the legal field from a differentperspective. Hence for me, the Attachment Program is the first step I have taken in the effort to get to know the real legalworld and I do think it‟s a really good start. Through the programme, I was given the opportunity to deal with both fictional and real legal problems. Theyhave proved to be challenging, but this opportunity undoubtedly made a great experience. The tasks provided in theAttachment Program centered on four main areas of the legal practice, namely the Corporate, Conflict Resolution,Conveyancing and Knowledge Department. Thus by experiencing a wide variation of legal works, I grew tremendously andwas challenged by new tasks on a daily basis. Learning skills and gaining experience during the course of this program was never a difficult task. This was due tothe overwhelming support by all of the JHJ staff ranging from chambering students to the partners. Advice and tips to goodlegal practice had always been taught to us without hesitation by the JHJ team. Furthermore, I was not only exposed to legal aspects through this program, but also to the management,marketing, and many other facets of the legal field. This exposure has further broadened my view and mindset besidesmaking me realize the importance of possessing knowledge outside the realm of legal practice. I truly believe that theknowledge in other fields will prove to be useful and of importance in the future. Legal Cauldron 2 of 2012 | 10
  • 11. JHJ Outside Work Legal Cauldron 2 of 2012 | 11
  • 12. Kuala Lumpur . Petaling Jaya . Kota Bharu . MelakaThis is a publication produced by the JHJ Knowledge Department. For any inquiries, please do not hesitate to contactus: T: 03-2096 1478 | F: 03-2096 1480 | E: kd@jhj.com.my | W: www.jhj.com.myPublisher: Messrs Jayadeep Hari & Jamil, Suite 2.03 (2nd Floor), Block A, Plaza Damansara, Bukit Damansara, 50490 KL.Printers: Pressworks Enterprise, No 20, Jalan Usaha Satu 25/2A, 40400 Shah Alam.