Afternoon court sessions are a challenge to get through; especially after a heavy lunch. It is for this reason, no competent litigator would or should eat a full-on banana leaf session for lunch with a continued trial in the afternoon. But even without the full-on banana leaf, Daniel H Pink in his book When: The Scientific Secrets of Perfect Timing calls the afternoons between the hours of two to four o’clock the trough. He says …
In Malaysia, witness statements contain the questions asked by a lawyer to his own witness with the answers given committed to writing. They serve as the evidence that a witness gives during an examination-in-chief (EIC) i.e., when it is his turn to testify. This process removes a significant part of a witness’s evidence from being actually heard by the court because it is read instead. It saves the courts, witnesses, lawyers and everyone involved effort, …
I commissioned Jun Kit for this piece. You can check out his portfolio in my write-up about him here. I chose Jun Kit for this piece. I thought it to be one of the more challenging pieces to translate and Jun Kit’s intelligence and aesthetic appropriate for it. I am happy to be correct on that account. Jun Kit gave me 5 options to consider for him to work on and develop. Option 2 was …
There was an occasion when I saw Amer open his cross-examination on an investigating officer (IO) in a case we did together with Amer’s partner, Edmund Bon, in Ampang many years ago. It’s a tale I tell in my advocacy tutorials when the occasion calls for it. But first, his questions: “Inspector, you have been thorough with your investigations?” “Yes.” “Is there anything you would do differently?” “No.” “You are satisfied with your investigations?” “Yes.” …
The second question posed to me by a new practitioner that wrote to me about his advocacy issues, is as follows and my response comes after: Since parties are required to file an executive summary (of 5 pages or less) of the written submission, is it still important to keep the primary written submission as concise as can be, or is it rather okay to have it a little “fuller”? The rule about legal information …