This document summarizes a legal consultation between a lawyer and a client named Ahmad Shaheed. Ahmad was involved in a car accident with his classmate, Ms. Nurul Izzaty, and is seeking legal advice. The lawyer explains to Ahmad that the consultation is confidential. Ahmad then provides details of the accident, where he was riding his motorcycle recklessly and collided with Izzaty's car. Izzaty is demanding RM180,200 for her injuries, medical bills, vehicle repairs, and lost belongings. The lawyer analyzes Ahmad's options, advising he can make a settlement offer to Izzaty or raise defenses of contributory negligence and set-off if she pursues legal action.

1. LEGAL INTERVIEW (INNDIVIDUAL)
GREETING STAGE
1st scene: Ahmad Shaheed and a telephone call
Ahmad Shaheed : Tuut...tuut…Assalamualaikum, my name is Ahmad Shaheed, and you
can call me Shaheed, and I would like to see a lawyer today for a
consultation. Now is 2:00 p.m, is 3 p.m okay?
Secretary : Waalaikumussalam. Oh yes sure. I will reserve 3 p.m slot for Mr.
Shaheed.
Ahmad Shaheed : Yes.
Secretary : Okay Mr Shaheed,Is there anything else that I can help you with?
Ahmad Shaheed : Yes, I would like to confirm that your address is at No 23 Jalan Rama-
Rama 20/2f.
Secretary : Yes, that’s right Mr Shaheed. You can see our small sign board and also
a large blue metal garden swing outside our firm.
Ahmad Shaheed : Oh, okay. Thank you.
2nd scene
Ahmad Shaheed : Knock, knock… Assalamualaikum
Lawyer : Waalaikumussalam, welcome, come in Mr. Shaheed. It is good to see
you here. Welcome to Azri Haziq & Partners. *handshake* Oh please
have a seat.
Ahmad Shaheed : Thank you.
Lawyer : Okay Mr. Shaheed, my name is Muhammad Syahmi Bin Ashran and I
am a partner in Azri Haziq & Partners and I will assist you for today. Oh,
before that, would you like some tea or other refreshment?
Ahmad Shaheed : No thank you, I am fasting today.
Lawyer : Good for you. Fasting in Ramadan is one of the Five Pillars of Islam, and
fasting on Monday and Thursday such as today is one of the sunnah of
Prophet Muhammad S.A.W.
So, is it difficult for Mr. Shaheed to find this place?
Ahmad Shaheed : Oh no, not at all. Besides, I always used this road to go to Masjid so I
kind of remember that this house is alsoa law firm, which is rarely seen
for me, ahouse-cum-legal firm, soyou can sayI am kind of familiarwith
this place.
Lawyer : Oh, did you come from Masjid, Mr Shaheed? Did you walk here?
Ahmad Shaheed : Yes, I walk here even though it is quite the distance, which will involve
what I am about to tell you.

2. LISTENING STAGE
3rd scene
Lawyer : Mr. Shaheed, before beginning with anything, I would just like to tell you
how this meeting normally runs.
Mr. Shaheed, firstly, on the confidentiality, I would like to assure you that
anything you say and anything I advise you with will be kept confidential
between us. Nothing will be disclosed to anyone else. I would like for you
to know that you’ll have complete control over the entire process. You
don’t have to worry to tell me about your problem as our conversation
here is a private conversation and it is protected under Section 126 of the
Evidence Act 1950 and it is my duty as a lawyer to protect my client’s
information as provided under Rule 35 Legal Profession (Practice and
Etiquettes) Rules 1978.
So, do you have any question?
Ahmad Shaheed : I heard from grapevine that your firm offers a free first-time consultation
is this true? And how much is the fees for subsequent consultation?
Lawyer : As for the fees Mr. Shaheed, I am happy to inform you that this meeting is
free of charge. However, if you choose to retain me as your counsel, for
every subsequent meeting you will be charged with a standard rate and
any further information with regards to such rates is available in this
document here.
Also, depending on the complexity of the matter, different charges may
apply.
With regards to any other work that will be doing for you, if I am going to
go and do something on your behalf I’ll be letting you know that I amgoing
to take such actions and how much it would cost. At the end of the day,
you have the decision whether or not we should go forward with it.
Ahmad Shaheed : Alhamdulillah, that’s great! I am a student in UiTM Shah Alam and worked
part-time here and there, so having control of what action should be taken
and its cost will helps.
Lawyer : Okay Mr. Shaheed, I know you are very eager to start, but before we begin
our meeting, could you please fill up this interview form for record
purposes? This is for us to get full information about you for our record
and filing purposes.
Ahmad Shaheed : Sure, why not.
Lawyer : Very well Mr. Shaheed, so I’ve received your text message through
WhatsApp earlier after our phone call earliersaying that your appointment
today is regarding your intention to negotiate for an amicable settlement,
right? Before we start, about the reason why you came here today, I would

3. like to encourage you to be as frank and straightforward as you can
because the more you tell me the more I can help you. I might be asking
some personal questions and alsosome details regarding the the problem.
So feel free to ask me anything if you are confused or need some
clarification.
So, for this first session I will interview you regarding the matter. I hope
you can cooperate and if there is any needs of clarification, just forward a
question to clarify the matter.
Ahmad Shaheed : Okay, that’s good. I came here today to make an offer to settle with my
classmate. My classmate’s name is Ms Nurul Izatty and last week, we have
been involved in an accident in UiTM Shah Alam.
Lawyer : Did you bring the relevant document regarding the incident, maybe a
police report?
Ahmad Shaheed : Yes, I brought it with me. Here a copy of the police report, medical bills of
Ms Izzaty and mine, a bill for repair of her damaged car and an assessment
report by a mechanic in HONDA’S service center on my motorcycle and
letter of demand from Ms Izzaty via Mathsurah Alee & Partners.
Last month on 9th November 2017, on a Thursday afternoon at about 1:50
p.m I was rushing to Mrs Faridah’s class on my Honda EX5 which I named
Darajatul Nariyyah. I was pretty late at that time as I was coming from
Sultan Salahuddin Abdul Aziz Shah Mosque after performing the Zohor
prayers. So, when I got into UiTM, I went against the flow of traffic along
Jalan Ilmu into the main road, Jalan Bernas. Eventhough I said I went
against traffic flow, almost every motorcyclist in UiTM did the same thing
at Jalan Ilmu.
Lawyer : Are you still on the wrong side of the road at Jalan Bernas? Are you still
going against the traffic flow at that time?
Ahmad Shaheed : No, Jalan Bernas and Jalan Ilmu is a one-way road. A single traffic. That is
why motorcyclist tends to go against the traffic flow as it is faster to just
go against the traffic flow instead of taking a detour. Although I am riding
quite fast on Darajattul Nariyyah, I am going with the flow of traffic along
Jalan Bernas. Can I continue?
Lawyer : Sure. Go on Mr Shaheed.
Ahmad Shaheed : Thank you. So, after I went into Jalan Bernas I saw a Mercedes G650
Landaulet, I recognize the car as Izzaty’s as it has that peculiar plat no. that
is JEW 2017. As I was in a hurry, I tried to overtake Ms Izzaty’s car. Ms Izzaty
suddenly gets closer to the left side as if trying to squeeze me, I hurriedly
used High Beam and honk many times at Ms Izzaty as I was afraid that I
might get hit by his car.
Ms Izzaty probably out of shock collided into me before trying to evade by

4. swerving into the right side of the road. He was then collided into a lamp
post nearby and Ms Izzaty himself flew around 2 metres out of his car into
a tree.
On the other hand, as I was hit by the collision fell into the road whilst My
Darajattul Nariyyah still moved about 10 meters or so before it fell down
and explode. Which is why I am walking today.
Anyways, Ms. Izzaty and I was taken to Pusat Kesihatan UiTM. I received 8
stitches on my right leg. In contrast, Ms Izzaty was not so lucky, as she flew
into the tree she had injured her face, broke her left leg and right arm.
Lawyer : Yes, but this medical report and Medical bill of Ms Izzaty is from Darul
Ehsan Medical Centre, you said that both of you were brought to Pusat
Kesihatan UiTM.
Ahmad Shaheed : Yes, however, Ms Izzaty was transferred to Hospital Shah Alam section 7
before she discharged herself to DEMC in hope for a speedy recovery as
there are many specialists there.
Lawyer : In this assessment by Honda’s service centre it said that your Honda EX5 is
beyond saving, a total loss?
Ahmad Shaheed : Yes, it exploded and is now beyond saving.
Lawyer : How about your insurance?
Ahmad Shaheed : They would not cover anything as I was negligent by riding too fast way
beyond the speed limit and I was breaking the law before by going against
traffic flow in Jalan Ilmu.
Ahmad Shaheed : I also have evidence that I was not the only one to be blame. Few days
after the accident, I checked WhatsApp message and I saw Ms. Izzaty’s
message on the class WhatsApp group asking if Pn Faridah was in class
during the time of the accident.
Lawyer : I have examined this police report attached to the Letter of Demand
belonging to Ms Izzaty. It says that she had lost her Iphone X and her
jewelry in the accident, presumably stolen by the people at the scene?
Ahmad Shaheed : Yes, I know she always wears jewelries to class and she own an Iphone X, I
think it might be possible that one of the people at the scene are the one
who stole her belongings as there was quite a lot of people recording the
incident, presumably to post on social media.
LEGAL ADVICE STAGE
4th scene: All
Lawyer : Very well, so let me just clarify once again the crux of your issue. And feel

5. free to interject at any time in case I’m missing anything.
On 9th November 2017, you have been in a collisionbetween you, on your
Honda EX5 and Ms Izzaty, your classmate, while she was driving her
Mercedes.
The accident is becauseyou have been riding recklesslyand Ms Izzaty have
been contributing to the collision as she was on her phone during the
collision.
Is that true Mr. Shaheed?
Ahmad Shaheed : Yes. That’s true.
Lawyer : I have also examined the letter of demand and it can be sumup as follows;
 For her injuries, namely for the injury on her face, her broken leg
and arm, RM 100,000.
 For her medical bills at DEMC, RM 50,000.
 Cost of repair for her car, RM 20,000.
 Loss of belonging, RM 10,000.
 Damage to clothing, RM 200.
 That is a total of RM 180,200.
And, in the event that you cannot pay, Ms Izzaty is willing to forgive you if
you marry her and support her for life.
Ahmad Shaheed : True.
Lawyer : What about your marrying her?
Ahmad Shaheed : Only as a last resort, I would like to keep my options open.
Lawyer : Okay, so now you wanted to offer to settle amicably with Ms Izzaty
without going to Court right Mr. Shaheed?
Ahmad Shaheed : Yes. I am willing to pay RM 20,000 in cash or RM 50,000 in 24 months
settlements only. Also, what is the next step should I take?
Lawyer : Alright. So, based on your situation Mrs Shaheed, the best thing to do is to
write to Mathsurah Alee & Partners on your offer to settle by paying RM
20,000 in cash or RM 50,000 in settlement as soon as possible since they
will file an application to Court if you fail to reply in another 14 days.
Ahmad Shaheed : Oh I see.
(Preliminary requirements)
Ahmad Shaheed : But, I am a little bit confused actually. Does she have the right to take legal
action against me?
Lawyer : Mr. Shaheed, I don’t think you have to worry about that right now. To
initiate a civil action, certain preliminary matters must be satisfied first
which are the cause of action, locus standi and limitation period. In your

6. situation, the cause of action is with regards to the collision. While, Locus
standi here refers to the right to sue or be heard before the court. The
most important thing is that the right is prejudiced or that there is genuine
interest over the matter.
In your situation, Ms Izzaty have the locus standi to file a tort action as she
is one of the party to the accident. And as for the limitation period, the
general rule is that, according to Section 6 of Limitation Act 1953, for
actions relating to torts generally the period is six years from when the
cause accrued. As the accident had happened last month, Ms Izzaty have
the right to take a legal action for torts.
Ahmad Shaheed : Okay, that’s not good. Is there any way for me to set-offher claims? I mean
like the medical bills in DEMC, and all those other stuff I mean she could
have opt for a government hospital and not allof her loss should be pinned
onto me.
Lawyer : Yes. According to what you have told me I will analyze and give you the
answer
1. On the issue that whether the DEMC Medical bills can be set-off?
Tan Ah Kau v Govt. of Malaysia:The plaintiff,by discharging himself
from the hospital against medical advice had aggravated his
condition, and thus, damages were reduced by 20%.
-However, if a plaintiff discharges himself against medical advice
and immediately admits himself into a private hospital, this would
not cause any reduction in damages by failure to mitigate losses as
he opted for a private hospital on the expectation of a speedy
recovery.
In your situation, Ms Izzaty,have opted for DEMC hoping for a
speedy recover, thus, this would not cause any reduction should
she succeed in her claim.
2. On the issue of whether she can claim for her car damages?
Abdul Hamid v Tan Chu Kim: In awarding cost of repairs, only a
reasonable sum would be allowed after the production of receipts
and the presence of the maker of the receipt.
In your situation, for that kind of car, that sum is reasonable and
will be awarded by the court provided that she can produce the
receipt and the person who writes the receipt in court.
3. For her loss of belonging.
Parvathy v Liew Yoke Khoon: An Indian woman, who, as a result of
an accident, was
injured and her husband killed while on the way to a wedding, was
allowed to recover for loss of jewellery and other items stolen from

7. her at the scene of the accident. The defendant should not be
allowed to contend that such loss was due to the plaintiff’s
carelessness.
In your situation, Ms Izzaty loss of Iphone X and jewelries can be
claimin court and you cannot argue that the items were stolen due
to Ms Izatty’s carelessness.
Ahmad Shaheed : Okay, that not good. What are my defense in legal proceedings?
Lawyer : Rest assured Mr. Shaheed. You can raise a defence of contributory
negligence. Put simply, a finding of contributory negligence against an
injured person means that you share responsibility for your accident i.e.
that you and your actions contributed to your accident. The contributory
negligence defense can potentially eliminate the defendant's
responsibility to pay damages to an injured plaintiff.
In your situation, Ms Izzaty have allegedly used her phone to send a
WhatsApp messages during the collision, and may have be one of the
reason she is not paying attention to her surrounding and let the accident
happened. Next, Ms Izzaty had failed to wear a seatbelt and was ejected
from the car during the accident and collided into a tree eventhough
Mercedes G650 Landaulet is a very good car with good safety features.
Additionally, you can also apply to set off her claim. Set-off is A claimfor a
sum of money by the defendant against the plaintiff’s claim and
constitutes a defence to the whole or part of the plaintiff’s claim. A
successful set-off will extinguish or reduce the plaintiff’s claim.
In your situation, the amount you can apply for set off is by pleading for
your total loss of Honda EX5, injuries among others due to Ms Izzaty’s
negligence.
(Jurisdiction)
Ahmad Shaheed : I have a question. Can I bring my case to High Court in Shah Alam?
lawyer : No, you may not. Sec. 65(1)(a) of Subordinate Courts Act 1948 explains on
Unlimited monetary jurisdiction of sessions court to try all actions
involving motor vehicle accidents and tenancy disputes. Thus, in your
situation as it is a case involving motor vehicle accident in UiTMShah Alam,
the sessions court in Shah Alam have the Jurisdiction to hear your case.

8. Ahmad Shaheed : Oh hakaza, I see.
CONCLUSION STAGE
Lawyer : After analysing your situation, what I can promise you is that should you
choose to appoint me as your lawyer, I will try my best to assist you in
solving your problems and reaching an amicable solution.
Ahmad Shaheed : I think I will not retain you as my lawyer to represent me. It’s best for me
to settle this application as soon as possible. However, I need to consider
my options. I will need time to solat istikharah and pray to Allah for the
best way. Thank you for your time.
Lawyer : Okay that’s good. I pray to Allah for your success in your future endeavor
Mr Shaheed.
Should you have any inquiries, you can contact me anytime through the
number stated in my business cards or alternatively, you can come here
for another consultation, that is, for a fee. So that will be it.
Thank you so much Mr. Shaheed. Have a good day ahead!