Lawyers lazy, can’t write for nuts, those who can write don’t exist!

It’s not necessary to read a book in the order that it’s laid out. We can start anywhere, go all over the place, go back and forth.

I read a Written Submission. I went straight to the last para and read a few para backwards.

I don’t know why lawyers want to come up with alternative arguments and remedies. It’s tantamount to conceding.

I would never include alternative arguments and remedies.

I would focus on only the main argument.

If I want to concede, I will put in the alternative argument and remedies as the one and only argument.

The court can however rule on the main argument which I left out since there’s always the other side.

No court will question the prerogative and discretionary powers of gov’t, and management, unless abuse can be proven.

The court would be extremely reluctant to visit, and rarely if at all, abuse although there’s case law — Raja Azlan Shah — that prerogative and discretionary powers are not unfettered.

In M’sia, courts don’t consider the merits of judicial review applications unless procedural non-compliance can be proven.

Unlike in England, the court does not go into procedural unfairness. The Herald’s Allah case refers. Jill Ireland’s Allah case — still unresolved — and The Edge were exceptions. In The Edge case, the court found that the Home Ministry didn’t follow its own procedures.

Irrationality, procedural impropriety and illegality can be argued in England.

In M’sia, the court does not question gov’t procedures.

Lawyers often mistake the letter of the law for the sum total of the rule OF law, the basis of the Constitution. Letter of the law alone is not law at all, not democracy, it’s dictatorship, it’s law of the jungle under rule BY law as in communist China.

Lawyers generally have a congenital inability to fathom the spirit of the law, jurisprudence and the Constitution.

PAS is influencing the gov’t to come up with disproportionate punishments.

In law, disproportionate punishments are unlawful.

In Islam, disproportionate punishments are the norm.

There’s greater emphasis in the rule OF law on the spirit of the law. The proof of the pudding is in the eating. What matters in court is whether one can persuade the judge to find the law and declare it based on one looking for the law and pointing it out. Opinion is not law. Only the court can declare law.

The battle in court is between kangkung loyar buruk in the kopi tiam, armed with LLB which has no relevance in court room work, and subject matter experts in the English language who know that law ultimately is the power of language.

Lawyers are lazy if they can’t write for nuts, I never met a lawyer who can write. Lawyers who can write probably don’t exist.

If both sides can’t write for nuts, being dua kali lima, the court has no choice but muddle through as best as it can.

Lazy lawyers keep postponing cases because they don’t know what to write, and are still thinking what to write. They delay and drag out cases probably to fleece Clients as much as possible and even drive them into bankruptcy, if not lunacy as well. Finally, if lawyers end up losing cases, they blame the court. This is tantamount to contempt of court.

After blaming the court, lawyers invariably tell Clients that they can Appeal twice from the court of first instance. This is a contradiction in terms. The lawyers can then fleece the Clients as much as possible including during the Appeal process.

If Clients win by some miracle, the lawyers generally won’t immediately release compensation due to them. They will drag out and pay in bits and pieces. Bising sikit, bayar sikit . . . Lawyers are notorious for using money in Client Accounts to earn interest, do ah long business and enter the auction, property and development business. Sikh and Sri Lanka Tamil are notorious for these shady practices. Chinese lawyers rip off clients through S&P Agreements and being in cahoots with the lawyers on the other side. Indian lawyers claim they have principles and will not be in cahoots with the lawyers on the other side. The jury will always be out on the claim that Indian lawyers have principles.

Malaysiakini, Steven Gan the NotSoGreat, another and I FernzTheGreat were sued for RM75m on the issue of how errant lawyers treat Clients. Luckily, the court decided in our favour and we saved RM75m. I have been saving from small in the hope of dying rich.

Firms which get into the top-tier bracket, an elaborate scam, are not noted for contributing to novel developments in law for the court to declare law.

Malay lawyers, being surrounded by big buaya Indians and Chinese, probably can’t survive in private practice. So, they tend to join the AGC where the gov’t is unlikely to lose judicial review cases. I never came across non-Malay lawyers, in private practice, who can win judicial review cases. The Edge, and the Jill Ireland Allah case, may be exceptions.

Law ultimately is the power of language, according to the University of London.

The University of London advises students to bring their English language up to speed before pursuing law or abandon the idea of going into private practice.

Also, students have to forget whatever law they know before signing up. I would advise students to forget their English if their language needs a lot to be desired. Start fresh in the language.

A professor related his experience as a law student. It was three months before he realised that he knew nothing about law.

The Professor can tell when a student is not suitable for law. “Such students will always ask about the right length for an answer,” said the Professor. “Write for as long as you have time. Relax and also take a break. Spend five minutes on the question.”

He added that there are no right or wrong answers in law, “only your answer”.

“The marks will depend on whether the student can persuade the examiner, even if he or she disagrees, and whether there’s evidence in the answer of wide reading.”

“Law is a reading subject. That’s why we read law, not study or learn the subject.”

It’s not possible for anyone to know the law, added UOL. “The LLB is an academic programme, it has nothing to do with court room practice.”

No university in the world can teach students how to think like a lawyer, and how to think like the court and judge.

Likewise, no university in the world can teach you how to become rich or how to become a genius.

I might switch to the following in Sept . . .

I don’t know how the University of London can contradict itself on law and yet continue to run the LLB programme.

The University of London preaches, “it’s not possible for anyone to know the law”.

“Law is ultimately the power of language,” it further preaches.

English English, unlike other forms of English, has a certain beauty which defies easy description.

“We will first mark you for English — English English — after that the law,” cautions UOL.

“The LLB, being an academic programme, does not prepare you for court room work.”

“The best way to read law is to go through the Constitution, case law, law reports, media reports on court cases, attend court, and comment and analyse on court cases”.

“LLB and the Bar exist in the practice because of public perceptions, gov’t, the self-serving Bar Council and the High Court.”

In England and Wales, non-law degree holders can opt for a six month to 18 month law conversion course if they want to practise law. No need LLB BS.

I may just stick to being a jurist.

Again, the University of London has already said that “it’s not possible for anyone to know the law”.

What matters in law is not the number of branches and books but industry experience.

Most LLB graduates don’t have industry experience. So, they end up chasing flies.

Those in the credit dept of banks have industry experience. They will shine if they decide to practise law.

Senior officers in police, Immigration, Income Tax, Customs and Unions have industry experience.

Union officials are allowed to appear in the Industrial Court to represent Claimants. They need not be admitted to the High Court.

Judges in Malaysia need not be admitted to the High Court.

There are many Tribunals in Malaysia. Lawyers are not supposed to appear. They appear anyway because the court allows the scam. It defeats the purpose of legislation on Tribunals.

The people should take back Tribunals from crooked lawyers, take back the court as well.

They can Act in Person in court. The court will advise and guide those who Act in Person. No need to get into 50-page BS Submissions.

Lawyers should be confined to the criminal court. Birds of a feather flock together.

UPDATE . . .

Philosophy is just fantastic explanations for things which cannot be explained.

The jury will always be out on whether it’s just packaged shit.

Philosophy is not complete without India.

China got her religion, philosophy, mathematics, astronomy, astrology, palmistry, numerology, card reading, temple medium, martial arts and feng shui from India.

Do you find any Hindu condemning the evil caste system?

They have no business complaining about evil Melayu who, among others, are in cahoots with corrupt Chinaman to plunder the public treasury.

Non-Malay in Malaya should stop meddling in Orang Asal and Malay politics and political parties, avoid race-based parties like the plague, and reject party politics.

That’s the Way Forward for non-Malay.

The evil caste system is nothing but Brahmin and Hindu BS based on superstitions and fairy tales.

My focus is the evil caste system. Journalism is about bad news, it’s not about being friendly.

Hindu should explain.

Hinduism has been tainted by the evil caste system.

Periyar himself condemned Brahmin and Hinduism.

Brahmin, caste Hindu, must be held accountable, punished for evil caste system. Brahmin and upper caste must be hanged for enforcing the evil caste system thousands of years.

It was violation against human rights, genocide, and crimes against humanity.

The Pariah (also known as Dalit and Harijan), the casteless/outcaste, and considered untouchable, unlookable, unapproachable, cannot be Priests in the temple.

Only the Brahmin can be Priest.

Gloria Arira receives Padma Shri award for promoting Hindu Dharma in Brazil for 40 years

The concept of education as it exists needs rethink. It may be a scam, based on BS, if we take a leaf from ancient India and what Jesus reminded on the Holy Bible, the Word of God.

The rule of law is the basis of the Constitution. The Indian Constitution has outlawed the evil caste system.

The jury may still be out on whether the Supreme Court of India upholds the rule of law.

The court is not about ethics, moral values, theology, sin, God, justice, truth or conventions.

The court is only about law. That includes the Constitution, but excludes conventions i.e. the working of the Constitution.

Conventions are not law. The court is only about law.

Opinion is not law. Only the court can declare law.

Read further here . . .

Law exists, and has always existed, based on common sense, universal values and the principles of natural justice.

The force of law can be said to include procedures, customary and industry practices but confined to companies and policies that don’t violate law, and procedures and policies confined to gov’t but affecting citizens.

It can be said that when push comes to shove, law is only what appears before the court. The state will not take action on civil matters, the court will not ensure compliance but only assist on compliance. The state will take action on criminal matters.

India certainly is not governed by the rule of law. It appears to be ruled by the evil caste system.

India is ruled by the collective wisdom of the people as the battle rages between the evil caste system of caste Hindu and the rule of law, the basis of the Constitution.

There are no control freaks in India as in America, China and Malaysia.

India may not be about inclusiveness and the brightest and best leading the way for All, but exceptionalism is recognised.

Malaysia is ruled by the collective stupidity of the people as the battle rages between corrupt Chinaman buying up frogs and the PTI on the one hand, and the evil Melayu sheltering behind the quota system, bangsa, agama, negara whatever and derma.

Law is about regulating human relationships.

The Constitution is about the relationship between a state and a people, between a state and individuals and between individuals.

This is a relationship based on punishment and compensation. Law works in the negative. No law, no crime.

There are obligations, responsibilities and duties.

Nullum crimen sine lege is the principle in criminal law and international criminal law that a person cannot or should not face criminal punishment except for an act that was criminalized by law before he/she performed the act.

Nulla poena sine lege (Latin for “no penalty without a law”, Anglicized pronunciation: /ˈnʌlə ˈpiːnə ˈsaɪniː ˈliːdʒiː/ NUH-lə PEE-nə SY-nee LEE-jee) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as “one of the most ‘widely held value-judgement[s] in the entire history of human thought'”.

The Holy Bible, the Word of God, is about the spiritual nature of truth.

The Holy Bible is about the relationship between God, whether God exists or otherwise, and a people, between God and individuals, and between individuals.

This is a relationship based on love and the forgiveness of transgressions. There are obligations, responsibilities and duties. Only God can forgive sins, just as only Agong and the US President for example can Pardon.

Word of God refers to eternal laws on eternal truths. These have a spiritual nature.

It would be unscientific to say that God exists. There’s no proof. It would also be unscientific to say that God does not exist. There’s no proof.

God helps those who help themselves even if they feel God does not exist. God is not about the collective. God is not an individual, person, ego, I. God does not interfere in human affairs i.e. the collective. God is a personal experience.

If you feel God exists, God exists, although God may not exist.

If you feel God does not exist, God does not exist, although God may exist.

One for all, all for one. Everything is connected to everything else. That’s the undifferentiated consciousness manifested in nothingness manifested in the universe which is nothing but illusion and/or the brain deceiving us to protect ourselves.

Already, organised religion is nothing but a form of delusion. The differentiated consciousness, trapped in space and time in the gross human body — it’s not ‘us’ — looks for certainties in the comfort zone. The gross human body, heritage, goes on to gather the energy from the sun through Mother Nature and must be returned to Mother Earth when its time runs out.

Read further here . . .

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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