Things They Did Not Teach You At Law School

Page Created: 19.7.2004

The reality of working mechanisms of the law... and what you actually learnt at law school

When you begin pupillage, the first thing you usually would get yourself acquainted with, is not actually the legal principles, but more of the rules of daily practice. Simple matters like filing documents in court, effecting service of documents, drafting and perusing pleadings, all becomes part of your daily routine. When you studied the Rules of the High Court, or the Subordinate Court Rules, you memorised the relevant rules and told yourself that you would have to complete a certain task according to the time limits set out in the rules, or something "drastic" would happen to your case! When you practise, in reality there are many unexpected occurences which would delay you from actually conforming to the strict time limits. When you workload gets heavier, it is not uncommon to overlook some files (especially when you are new and do not have a very efficient system to monitor your files). This is when some complications will arise.

A Systematic filing

If you were muddleheaded and took pride in your messy tables, showing how diligent you were studying, its time to reconsider your filing system. Of course having regard to the volume of work (juggling 200 files per month, in particular for conveyancing and banking litigation, is quite common), to have a squeaky clean and immaculately neat room would be quite impossible. The most important thing is to have a solid system for managing files at work. The following are some of the administrative work formats which I have adopted for myself at work. From the face of it, it looks pretty simple and easy to follow. But as time goes by, and when you files pile up, you will appreciate the simple procedures you have adopted, as you will be able to trace documents easily later on.

1. Opening a file

Usually this task is delegated to the support staff in your firm. Take the opportunity to see for yourself the rationale behind the numbers/alphabets in the reference. Files may be classified according to scope of work, i.e. Banking Litigation (BANKLIT) or by the initials of the lawyer concerned, followed by the secretary/clerk who has prepared the document: i.e. Joyce Wong (JW), Tan Jee Jee (tjj) hire purchase file (HP) year and month of file (04/21). So the file reference would look something like this:

JW/tjj/HP/04/21. (Names for illustrious purposes only)

Every firm has their own filing reference system, but the basic principles of the references do not deter too far from the above principles. It is important that you familiarise yourself with the filing system so that whn you do need to search for a file, you know what reference it would come under.

2.   What to include in the cover of your file

a)First and foremost, the names of the parties should appear on the file. For litigation files, I suggest you print out a table, comprising 4 columns, i.e. date of document filed, date of document served and additional remarks (i.e. substituted service etc.) You can also have another table for your hearing dates. In this way when you look at your file you will have a clear picture of the current status of the file, i.e. what documents have been filed, what happened at the previous hearing date etc. This would save you the hassle of flipping through the file for a chronology of events.

b)For conveyancing files, it would be advisable to print a proforma of steps to be taken towards the signing of the sale and purchase agreements, i.e. whether IC of the purchaser has been photocopied, and a time limit for every step to be taken. A checkbox can be put next to the instructions together with a space for the date to be noted down as to when the instructions were carried out. For conveyancing matters it is important to monitor the dates as penalty charges will be imposed if you fail to meet the deadlines.

c) Contact numbers of frequently called departments/client/firms you will be dealing with relating to that file. No doubt you have your telephone operator to deal with all the hassle but it would be helpful if you needed to call the person immediately and your operator is busy.

d) A separate accounts sheet should be glued to the back of your file. This should record all your filing fees, fees for affirming affidavits and any outgoing expenses relating to the file. This would be very helpful when you bill your clients/when preparing bill of costs for taxation hearings.

3. Monitoring your files

The KIV ("keep in view") system

This is a common system of monitoring files whereby a certain action has been taken for the file, and a certain period of time is given for the other party to respond. Therefore the file would be "KIV"ed for 2 weeks and "brought up" on a certain date. Usually the clerks would keep the dates in their diary and bring up the file concerned to the lawyer for their further action.

Inactive files

This happens when the client cannot be located, or no further instructions have been given by the client after prolonged periods of time. It would be advisable to classify the file as "inactive" and later on, treat the matter as closed. Before you treat the matter as closed, it is advisable to write a formal letter to the client concerned, informing them that the matter is to be treated as closed. For matters which have reached litigation stage, a notice of withdrawal as solicitors on record is required to be filed in court.

B Interpersonal skills

It cannot be overly stressed the importance of interpersonal skills as a lawyer. You will deal with your boss, your clerks, assistants, and in court, the court orderlies, court interpreters, judges, registrars, registry clerks, and other relevant government department/agencies which your field of work relates to. Therefore it is important to maintain a healthy relationship with the personnel of these departments. No man is an island.

Remember the golden rule-- a smile costs nothing, yet reaps unimaginable rewards.

Common problems faced and how to tackle them
1. In the court- One of the common problems faced is that you have filed in a court document and it is taking forever to be extracted. One of the ways is to go and check with the Court Registry why it is taking such a long time. As you would when corresponding with your clients, please ensure you correspond in writing. That would be evidence of your follow-up measure.

2. How to deal with your boss

Now.. one of the things that your law lecturers definitely did not teach you, is how to deal with your boss. During your first year in practice, there is nothing more nerve racking than getting instructions from your pupil master (if you are chambering) and you immediate boss, when you finally get admitted and enrolled as an advocate and solicitor (or advocate if you are practising in Sabah and Sarawak).

Getting your instructions right
I know what you are thinking... this goes without saying, right? Depending on how your boss gives you instructions, be it through the office intercom, or by way of written memo, you must clarify any doubts you have in mind before you actually embark on your task. Remember... your responsibility is to get the job done, and any problems that you anticipate may occur, must be brought to your boss's attention at the earliest opportunity.
Your boss will be very busy and probably has no time to review your work progress. If you feel you can do more, take the initiative to ask for work. Do not be shy, but remember, do not bite off more than you can chew. Where you find that work is too overwhelming, and there are colleagues around who could share the burden, let your boss know. Put it tactfully so that it does not appear that you are trying to ease off your share, but rather, you are trying to do your best in your job, and too much work on you may mean that your work quality is compromised on, and nobody wants that.

The following are some examples of work which you would be doing and how to tackle them:

Task 1: Legal Research and Opinion Writing.

Chances are you would be asked to do some form of legal research, in the beginning of your life as a pupil, and throughout your days as a practitioner. One of the problems I used to face (and I still face it now) is actually identifying the relevant issues in the instructions given. As a law student, we are trained to identify all issues in the questions posed to us during examinations. Therefore we take pride in being able to churn out long essays incorporating relevant case-laws etc. In practice, you need to identify the correct issues and present them in a concise manner to your boss (of course, there are bosses who want to you present it in the form of a written opinion). When I mean concise, I mean, write down what your boss wants to read. Chances are he/she would have a table piled sky high full of documents to vet through, and your feedback to him should be something that he/she could use for reply to the clients. This is no easy task, because you are doing exactly the opposite of what you were required to do academically. For once, you do not need to start off with the history of the law, the changes that led to the the current position- you can do away with that. What you need to be able to do, as a law practitioner, is to filter out the relevant information from the instructions given. This would be easier if you have written instructions. Read through the instructions once, digest and then highlight the relevant parts. Write them down on a separate piece of paper so that you can clear your mind and focus on identifying the legal issues. Check the relevant legislation (make sure its up to date!) and support your argument with some case law. Write your feedback to your boss in the form of a written opinion. Tip: When you are pressed for time, check old files in your firm for any precedents, i.e. one of the lawyers in your firm may have already addressed this issue. Call it a long shot, but it would help you a great deal if you had something to work upon. This also means that you would cut your research time by half, therefore giving you more time to deal with other outstanding matters. Remember, getting the job done is your priority. Why? Because you are paid for it. Sounds irony I know. But that is the truth. Another good reason for you to search for precedents is to ensure uniformity of advice given out to clients. Written opinions to clients are a form of self assessment on your knowledge of the law. Your aim is to provide a piece of written advice that is practical, useful and identifies the client's needs spot on.
Important: Check, double check and triple check that you have the latest updated legislation. There is nothing more horrifying than giving out a piece of advice which is based on repealed laws.

Task 2: Client conference

As opposed to written instructions where you can mull over the facts and take your time to do some research (ok, not all of us have the luxury to mull over the problem, but still, written instructions wont demand you for an answer immediately), client conferences are more challenging in the sense that you are required to have your law at your fingertips. People come to you for advice and as laypersons, they want an answer. They want a viable solution at the cheapest cost available. If you have a very understanding client, who is aware of the procedures involved in their case, you would probably be able to explain to them in a nutshell what you have been doing so far. However, you may find that you have difficult clients who think you can manage everything for them and that anything is possible. Remember, the golden rule is to be firm. You must have principles, and whatever you commit yourself to your client will come back to you. And it would reflect on your firm as well. Therefore, if in doubt, always say that you need to discuss it over with your boss. Even if this means the client will say "oh, I thought I was dealing with somebody who could give me an answer". Ignore the sarcasm. Its not going to do you any good if you do rush into making a decision and later take the blame for it. You will also come across clients who have done their research and are probably aware of what you are doing. There have been instances where clients write in to their lawyers suggesting difference sentences to be used in their contracts. Some clients come in armed with their copies of legislation and books and the moment you start talking, they start reading their books to see if you really know what you are talking about. Not to fear. If you are confident of your knowledge of law in that area, you need not be intimidated. In fact, to make them happy, thank them for taking the initiative to do some form of research. Of course, you must not rely on their representations! Your job is to make the picture clear to yourself and your client. You need to have a clear mind.
And as you would deal with any person who is your customer, be polite. Never talk to your client in a patronising way. You do not know how much they already know. No doubt they are paying for your services, but as a paying customer, they deserve your basic respect.

Commercial sector of work

This particular section deals with some of the fundamentals of doing commercial work. I had been given the opportunity to be deal with some corporate matters and I will share my experiences with you.


1. First things first...in the commercial sector, its all about money.. literally. Therefore you would find that in a particular refinancing project , from the initial gathering of information until the final closing, you would be closely involved in the documentation and verification of details and information. Time is money and it is all too common to get everything done within the shortest time span possible. Therefore stress levels can get pretty high and you can expect to have late nights in the office.

The following is an estimated guide on points to note in refinancing exercises involving issues of international bonds.

2. Initial meeting between members of the working group

Before any refinancing exercise commences, members of the working group will attend an initial meeting. The purpose of the initial meeting is to get to know the members of the working group and allocate their respective duties. Parties usually consist of solicitors who draft the requisite documents, the client, investment bankers, advisors and accountants. Prior to the meeting, the investment bankers and advisors should inform the client of the requisite information required from them. This could be the financial position of the company, annual returns of the company, what investments they are involved in, any liabilities, contingent/non contingent, outstanding lawsuits etc. Request for information would usually come in a form of a questionnaire. Bear in mind that investment bankers and advisors work at a very aggressive pace, so if you are acting for the client, make sure you take the initiative to follow-up with your clients on the accuracy of information provided. In addition, advisors/bankers would draw up a work timetable informing all parties of the targeted time of completion. You should adhere to the timetable as closely as possible to avoid unnecessary delays, which would add up to more costs for your client.

 Once the questionnaires are completed, parties can proceed to the first due diligence meeting.

3. Due diligence meeting.

I had no idea what a due diligence meeting was until I had to attend one, and several after that. To put it in a nutshell, a due diligence meeting is a meeting where everybody reads through the documents prepared by the solicitors and verify the accuracy of the content. This can be a very taxing process, especially when it comes to figures and percentages of growth of the company. Usually when there are voluminous documents to verify, the whole process can take more than a day. Be prepared to answer any questions on your part diligently, because minutes are taken in these verification meetings and everything that you have agreed/confirmed will be binding upon you and you will be legally responsible.

If you are unsure of a particular statement, or a particular figure in a table has changed, inform the working group immediately so that amendments can be made in the presence of all working group members.

During the course of the refinancing exercise, the working group can hold as many due diligence meetings as the need arises. In order to save costs and in view of logistics, teleconferences would take place. This is quite useful where members of the working group come from different jurisdictions and it would not be time effective/cost effective to hold physical meetings. Under normal circumstances you will receive email notifications of teleconferences. However, there is also a possibility where you receive a call out of the blue informing you that a teleconference call is taking place immediately. Do not panic and have your file before you. Remember-and this is very important-EVERY TELECONFERENCE IS RECORDED. Whatever you say in the teleconference will be binding upon you and therefore, be very vigilant when you are asked to confirm a particular statement.

3.  Scrutinising of legal and compliance documentation

Verification meetings set aside, you are also required to read each and every document that comes your way. For cost effective reasons, documents will be emailed to you for comments. For your record purposes, utilise the "Track Changes" function in Microsoft Word so that you know which parts have been amended. When the revised draft is circulated again, ensure that whatever you have amended has been incorporated. Do not take for granted that your amendments will be incorporated in the revised draft because there had been instances where I made amendments to the draft and had to remind the draftsman three times to incorporate it. Choice of words and structure of sentences can make a lot of differences if used in a wrong way and it is your duty to your client to ensure a balance between upholding legal compliance and fulfilling your client's commercial interests.

Always keep an electronic copy and a hard copy of every document. Email correspondences should be filed separately to avoid confusion. Keep track of all changes in documents and ensure the accuracy on your part in the documents.

4. Final verification, print out of circulars and roadshows

The final week prior to the roadshows is particularly stressful. Everybody needs to work around the clock and while most of us would be pretty worn out, you would still need to exercise due diligence in reading the final version of the documents and ensure that everything is accurate.

If you are assigned to attend a roadshow, be prepared with all the facts and figures in your head. Bonds are fund-raising tools and during the roadshows, depending on how helpful the investment bankers are, you would be asked a lot of questions on the credibility of the company, financial status, targeted returns, etc. Potential investors are usually solid financial institutions who are only after profit. Therefore they will do their best to "grill" you during the Q&A sessions and you have to be confident enough to face them and provide them with a satisfactory answer. Never ever lose your cool even when the questions are getting out of hand. You represent your client, and your client relies on your expertise to get the job done.

5. Closing

After the roadshows have been completed, subscription of bonds will take place. Ideally, for commercial reasons, clients would want the bonds to be oversubscribed, so that a higher price can be fetched. This is where you see your efforts materialise. Once bonds have been subscribed, certificates are issued and the exercise can be deemed closed.

Keep a copy of all your transaction documents with relevant notes, if any, for further reference. Refinancing exercises are on an ongoing basis, usually consisting of different phases. So it is a very long "marathon".

I have attempted to summarise the whole process as concise as possible. There may be other points to note which I may have left out in the above paragraphs. If you have any comments, I would be grateful if you could email me at rfbkim@yahoo.com

On overall, commercial work is very demanding and stressful. However, it is also an area which is very interesting and gives you an insight of commercial/corporate finance transactions. The work will exhaust you both physically and mentally, and it is a good area to challenge your limits.  Good luck! (Updated: 11th March 2005 @ 1.10pm)

Important points to note for new lawyers practising in Sarawak

Under the Federal Constitution, the states of Sabah and Sarawak have legislative powers over matters enumerated in the State List. I will not attempt to elaborate the areas of jurisdiction under the State List (one can easily find the answers in the Federal Constitution), but would like to alert you to the applicability of Federal Laws in the State.

This is of utmost importance especially if you were previously trained in West Malaysia (as is the case for most Sarawakians who choose to be qualified as a legal pracitioner in both jurisdictions). To quote a few examples, the Land Code (Cap. 81), Limitation Ordinance, Advocates Ordinance and the Forests Ordinance are legislation solely applicable in the State of Sarawak only. To advice your clients based on Federal law not applicable in Sarawak would be disastrous. Take your time during your chambering period to get accustomed to the laws applicable in Sarawak. 

A good source of reference would be the Indexes of Ordinances of Sarawak, compiled by the State Attorney-General's Chambers, Sarawak. This index is published annually and gives you updated information on the relevant laws applicable (together with any amendments in the past year) in the State of Sarawak. The Index is also available in electronic format. Please go to INDEXES AND NOTER-UP SERVICE FOR THE LAWS OF SARAWAK ( ELECTRONIC EDITIONS) for the latest edition of the Index.

Website of the Malaysian Bar

The Malaysian Bar website also provides a wealth of information for practitioners in West Malaysia. For information on recent court decisions of importance and updates on events organised by the Bar Council of Malaysia, you are advised to visit the website regularly. There is also an online directory where you can obtain contact details of all current practising lawyers. (Updated: 6 March 2006)