In most legal jurisdictions, a broad distinction is drawn between lawyers based on the work they do. Generally, a court going lawyer deals with disputes resolution; they are known as litigators. A non-court going lawyer deals with either supporting litigators or relationship building solutions; they are called solicitors. My essay today is about litigators and … Continue reading Agong’s Counsel
The Occult in Legal Practice
In Dato' Mahadev Shankar's delightful collection of anecdotes appropriately titled, Legal Anecdotes, there is a story called the "The Occult", which begins with this line: "In the life of a lawyer, one sometimes comes face to face with the occult." This is true. If you haven't had such an incident, I'm afraid you have not … Continue reading The Occult in Legal Practice
Right up to the hilt
Donatus Chidera Okonkwo was charged for drug trafficking, 39B. The sentence is death. I remember him because of his name, specifically, his last name - Okonkwo. That is the name of the protagonist of one of my favourite novel Things Fall Apart by the Nigerian writer, Chinua Achebe. It was a pioneering novel. It told … Continue reading Right up to the hilt
The Malaysian Syariah Courts: A Critical Primer | Part One
To understand the Malaysian Syariah courts, it is necessary first to understand the Malaysian legal system. This is because the Syariah court does not define the Malaysian legal system; instead the Syariah courts are only relevant over an exclusive and very limited area within that legal system. In this part, I will discuss the position … Continue reading The Malaysian Syariah Courts: A Critical Primer | Part One
My debut Federal Court appearance
After my debut in the Court of Appeal and getting a few hearings at that level under my robe, my boss trusted me to conduct a hearing at the Federal Court, the most supreme court in Malaysia. It was a civil matter and involved an application for leave to appeal to the Federal Court, which … Continue reading My debut Federal Court appearance
Pro bono, Public Interest, Strategic Litigation
You may have encountered those words above at some point or other. Or if you haven't, well, you are going to learn something new today. This essay ruminates in unscholarly fashion what these words mean and how they relate to each other in the Malaysian context. The first word is litigation. That means a court … Continue reading Pro bono, Public Interest, Strategic Litigation
Cross-Examination, Interrupted
I was called in as counsel for a case because the previous counsel was having a torrid time in the industrial court. So strong was the pressure brought to bear to settle the claim it unsettled him and the client. His vigorous refusal did not meet well with industrial insistence. After a stormy final case … Continue reading Cross-Examination, Interrupted
“Answer yes or no only, understand?”
This is an instruction I come across more frequently in the last five years than the previous twenty. I come across it in court and in advocacy tutorials and training. The instruction to the opposing witness is usually as follows: "I will be asking you questions. Just answer yes or no (or agree or disagree) … Continue reading “Answer yes or no only, understand?”
Hasan Ali and Me | Part Five
Rahman had his Bangladeshi news network around the Mutiara Damansara area to keep on high alert for Hasan Ali and my motorcycle. Rahman agreed to help me secure the return of my motorcycle. I gave him a spare set of keys. The plan was to wait for Hasan Ali to show up then steal the … Continue reading Hasan Ali and Me | Part Five
Hasan Ali and Me | Part Four
If Hasan Ali and me were a three-act play; we were now at the point of confrontation. I waited for Rahman to calm down. "He has a sword?" "Yes. He showed it to us a few days ago when he demanded money from us." If true, the irony of this was not lost on me. … Continue reading Hasan Ali and Me | Part Four
