5 things to consider before starting a fight (In Court or Tribunals or any place where some measure of verbal judo is required)

Thought I might inaugurate the new blog with something from my day job.

Here it is. 

5 things to do/know before starting a fight (In Court or Tribunals etc.)

1)Tell the truth, always.

It seems elementary but it bears repeating. Always tell the truth:

     a)To yourself

     b)To your lawyer

     c)To the Court (yes, the court can handle the truth)

Only a fool would think that a little fiction or withholding some evidence wont hurt anybody. You can certainly try but eventually the truth will come out and it better not be in a middle of a trial because that can be very messy. Messy for your case because the lawyer could not be prepared for what he or she is not told of and that withholding of evidence can affect the credibility of your case. Messy for you because giving false evidence is an offence under Section 193 of the Penal Code and carries the punishment of imprisonment of maximum 7 years and fine.

2)Think, really think. Is it worth it?

This is related to Paragraph 1 (a) above. Prior to initiating a legal action, get yourself a cup of tea or any hot beverage of your choice. A potful if necessary. While sipping the said beverage, think real hard. Is this a fight that I really want? Is this something worth fighting for? Can this be settled over tea and cucumber sandwiches? Is there really something material that you would like to protect or some principle you would like to uphold? Or is it just my pride/anger talking? The answer to this question is very important because most people forget that a legal action is a marathon (most of the time). Do you have the mental fortitude and time for it? 

3)Collate and compile all documents.

I always tell prospective clients after the first meeting to compile and collate all documents related to the dispute/ proposed action (usually they don’t have everything at the first meeting). All documents means everything. Communications, agreements, receipts and whatnot. Make copies of original documents, copies of copies if need be. Let the lawyer decide what is relevant and what is not. The reason is this: in court the side with most and complete documents will carry the day, most of the time. Because often documents themselves will speak volumes. It will also allow your lawyer to trip the opposing witness on discrepancies and conflicting evidences. Oh, one more thing, prepare a chronology of events prior to meeting your lawyer. Your lawyer will love you for it.

4) Know and disclose your budget for legal services to your lawyer

Unless you are using the services of Yayasan Bantuan Guaman Kebangsaan or Biro Bantuan Guaman, legal representation is a paid service (unless clearly specified otherwise). Sure lawyers are idealistic lot but we have bills to pay too. If you plan to initiate a suit or have been served with one, start to set aside some money. Be upfront with your lawyer with your budget. Rates will vary. You are after all engaging someone to be your champion in the courts, not some monkey in a suit.

5) Expect the unexpected

There is a winner and a loser in every fight, it is not possible to know who wins and who loses at the onset. We can venture a guess but it is far from definite. Like boxing bouts, it is fought by men (and women) and will be decided by men (and women) who are fallible and subject to the whims of Fate just like the rest of us.

Another thing to keep in mind are that lawyers are not magicians, bomohs or prophets. We do not have magical potion of cure-all nor do we have Divine miracles at our beck and call. We work within the confines of the Law. If the cure you seek is extralegal or extrajudicial then you are in the wrong shop, brother (or sister).