Appellant's Brief

I have moved ...


Pleaded by Appellant on Friday, October 07, 2011 @ 7:42 PM with 0 Objections

@ 11:12 AM with 0 Objections

Snapshot

Children are made readers on the laps of their parents.

Pleaded by Appellant on Thursday, October 06, 2011 @ 10:59 AM with 0 Objections

In My Defense

No, I was not in prison for the past four years. I was not locked up in a mental institution, whether against my will or otherwise. Neither was I in a rehab or detox facility. The last four years have simply been extremely busy. Too busy to write down my thoughts, to make a record of what I see, hear and feel.

Well, it stops now.

(drumming fingers)

Pleaded by Appellant on Wednesday, October 05, 2011 @ 4:29 PM with 0 Objections

There and Back Again

Law firms are typically organized around partners, who are joint owners and business directors of the legal operation, associates who are employees of the firm with the prospect of becoming partners, and a variety of staff employees providing paralegal, clerical and other support services.

An associate may have to wait as long as nine years before the decision is made as to whether the associate "makes partner".

- Wikipedia

In my case, it took them almost eight years to decide, including the fourteen months I was on indefinite leave.

More than a year ago, I received an offer to hed the legal department of a local retailing firm. I decided to accept, for purpose, passion and profit.

Seven months later, I received another offer to serve as in-house counsel for a Hong Kong based securities firm. I told myself, why not? Again, for purpose, passion and profit.

Another eight months later, I am back where I started. I received a phone call last April from my former bosses. They invited me back to the firm. Halfway through the conversation, I realized that they were inviting me back as a partner.

There was only a moment's hesitation. I have been engaged in the practice of law for about eight years. If I had learned one thing, it is that success, whether in life, love or law, requires an individual to control his destiny.

I do not have anything against lawyers (friends included), who have taken in-house positions. I am after all, one of them. Heading the legal or compliance department of a business enterprise, whether local or multinational, is an achievement in itself. I am a witness to the amount of pressure exerted on an in-house counsel, especially where the standards of his or her legal training conflict with the demands of the business.

However, save for a few exceptions, an in-house counsel will never be the captain of his own ship. He will always be an employee of the company he is lawyering for. As a rule, legal departments are expense accounts, whose sole purpose is to support the revenue earning departments. In this sense, an in-house counsel has limited control over the direction the company is going.

I celebrated my thirty-third birthday two months ago. It was the first time that I felt I had real control over my destiny.


Pleaded by Appellant on Wednesday, October 24, 2007 @ 5:56 PM with 3 Objections

Hiring A Lawyer?

I got this from Matt Homann, a lawyer who describes himself as an idea collector. When you need a lawyer (or think you need one), it would be advisable to read through the list below. After reading it, you might want to think again.
  • If you are seeing a lawyer because your dispute is "not about the money, but is about the principle of the thing", do not be surprised if your lawyer runs away. You will never be satisfied. Also, it is really about the money.


  • You want to buy results, not time. Most lawyers sell time, not results. Make sure both of you understand the difference before your bill arrives. You will certainly understand the difference after.

  • If you want to find a lawyer who sells results, look hard. There are a few of them out there. They are the ones who can still smile because they get to see their children before nine o'clock every night.

  • Make sure your lawyer understands your business. If your lawyer does not understand your business, find out if he is going to learn about it on his time or yours.


  • How messy is a lawyer's desk? When they bill you for thirty minutes of "file review", how much of that time was spent looking for your file?

  • You would not automatically marry the first person you date, so do not automatically hire the first lawyer you see. A great lawyer-client relationship can last a lifetime. Your lawyer can be your advisor, counselor, confidant, and friend. Most lawyers are good people genuinely interested in their clients' best interests. Find one you like, stick with him, and spread the word.
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Pleaded by Appellant on Thursday, April 19, 2007 @ 5:56 PM with 4 Objections

Snapshot


Pleaded by Appellant on Thursday, April 12, 2007 @ 3:37 PM with 1 Objections

A Love Affair

I was afraid it would come to this.

Three and a half years ago, right about the time my wife delivered our first child, I got involved in an affair.

It was more than just physical attraction. There was chemistry between us. She sensed that I wanted her, and I could feel that she wanted me too. We saw each other several times before I took the leap. It was intentional on my part. I had to know for sure that this was what I wanted.

Three and a half years later, the excitement is gone, the passion dissipated. Although I could still see why I had fallen for her, I find myself thinking of other things when I am with her.

Each touch used to feel like a caress, electrifying yet assuring. I felt out of place each minute I was apart from her. Now, I barely think about her.

Friends who have been in a similar situation say that it is too soon to let her go, that she and I still have good times ahead of us. Others say that I should quit while I am ahead.

I have made my decision, and I think that I should let her go. Feeling as I do now, my eyes straying to fresher and sexier types, I know that I will eventually resent being with her. Besides, she is still young. She could still find someone who will treat her the way she deserves to be treated.

I am thinking of trading her in with a used Porsche, probably a Cayman, or an Audi TT. Depends on the budget.

Whatever I get, I will miss her. We had some wild times together.

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Pleaded by Appellant on Friday, March 16, 2007 @ 2:52 PM with 8 Objections

Honored


Browsing through Technorati, I found out that this blog has been nominated. I am surprised, but deeply honored. Thank you, whoever you are.

You can find the other nominated blogs here.

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Pleaded by Appellant on Wednesday, March 07, 2007 @ 3:45 PM with 3 Objections

Help Wanted

My firm is looking to hire a compliance officer. Essentially, he or she will be responsible for monitoring the firm's compliance with securities regulations in Hong Kong and the Philippines. Surprisingly, most of the applicants are practicing attorneys.

I have interviewed five applicants, all of them lawyers. I am not an expert, but I am a lawyer too.

So when they say, "I am extremely adept at all manner of office organization," I think what they mean is, "I have used Microsoft Office."

Or when they say, "I take pride in my work," what they are actually telling me is, "I blame others for my mistakes."

Or the statement "I am highly motivated to succeed" actually means "The minute I find a better job, I'm outta here."

What I did not know was that the applicants were sizing me up too. I interviewed a female lawyer who used to work for a very close friend of mine. During the interview, I remarked that I had been trying to convince her former boss to join our firm. She responded by increasing her asking salary by fifty percent. She reasoned that if the firm could afford her former boss' salary, then giving her a fifty percent increase would not be a problem.

Although dumbfounded, I still managed to tell her that I can disregard the fact that her former boss was more qualified, or that her asking salary was not commensurate to the functions she will be performing. However, I cannot ignore the fact that the salary she was asking for was not based on her assessment of how much she was worth, but on her estimate of how much her former boss is earning.

With that, I thanked her for her time and walked out of the room.

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Pleaded by Appellant on Tuesday, February 27, 2007 @ 12:22 PM with 0 Objections