Melbourne is still holding out against the effects of global warming. It is true to itself and has behaved in a totally erratic manner, weather wise. As the wind blows and causes everything to fly away, weather wise, it’s such a lowly day. Starting about 2pm, the temperature dipped and the skies opened up while the wind continued blowing. It is now about 12 degrees and still falling, the skies are dark and the winds are howling outside. Suddenly the nice moderate autumn weather takes a fall (pun intended) and wintry conditions glide in and freeze everything over. Most of us would not have been equipped with coats do I guess it is collar-up, hands in pocket and quick dashes to cars, as we leave office later tonight. Already the missus is sending emails asking what I’d be cooking for dinner tonight. At the moment, steaming hot pork porridge sounds just about right.

A colleague is handling a County Court matter with a disputed claim of about $100,000.00. I was doing another interlocutory application and wasn’t sure what the filing fee was so I looked up the ledger of this matter this colleague is working on, as I know a similar application was filed in that matter. I found the answer I was looking for but just as stark, is the fact that this little dispute has racked up a bill of over $20,000.00. My own matter has racked up just over $10,000.00, and that was before an invoice for barrister’s fee of about $6,000.00 was received yesterday.

I guess this reminds me why lawyers are often a hated bunch. Yes, we solve problems but we create new ones as well.

 

This is going to be a continuing struggle for me. How does one go on doing this? For every problem worth $100 which we solve, we take up to 30-40% of that and line our own pockets. Even that is not as bad as when the problem is actually not solved. The client still has to pay us. That double whammy is what often turns clients against lawyers, sometime venomously so.

 

It isn’t such a great problem if the client is a corporation. The issues usually involve greater sums of money and they have deeper pockets. So the only thing which keeps me up at night is solving the actual legal problem. I would have no guilt laden conscience in charging the small little struggling family business a fee which justifies my work but land the client on one knee.

 

The present two cases are not the worst examples. We have had our fair share of even smaller disputes which our fees totally blow out of the water. If you ever choose to be a lawyer, don’t be a suburban lawyer if you have sentiments like mine. If you ever have a dispute, and that dispute is solely on money matters, settle it without even seeing a lawyer if you could. It makes no sense to go to a lawyer if the problem has to do with just money, as it only gives you a bigger problem in terms of a large legal bill. Only make sure you have some paper saying the settlement is final and there is to be no recourse no matter what. You strictly don’t need a lawyer for that piece of paper. Just think of the worst possible scenario where the guy you have a dispute with turns around after shaking your hands, and denying any final agreement/settlement ever took place.

 

John So’s honeymoon is over. He rode the crest on a wave of popularity towards the end of the Commonwealth Games 2006 but now that the party is (well and truly) over and everyone is back to work, the hard business of running a City Council is dropping on John So’s desk with the proverbial thud. John So is no longer everyone’s bro.

The fuss? Parking tickets in Melbourne CBD. Apparently, a parking attendant spoke to some research officers and told them there was a daily quota. Each attendant/officer had to issue over 30 parking tickets a day, or face the sack! Personally, I have been spared the harsh piece of paper on my windscreen, even when I have exceeded the time limit on a number of occasions. I have however, experienced such pains before and often, they fell unjustified.

The point is – financial performance is wrecking untold damage to countless workers’ well-being, I think. If parking officers can be under the pump and has included in his or her KPI, such “measurable” parameters as parking tickets issued, you know financial performance truly has become a dirty word. Surely, these officers’ job is to ensure orderly parking and prevention of hogging of parking spaces to ensure the traffic ticks along with minimum hitches? That is their job surely, and not enhance revenue?

The malaise of financial bottom lines is a modern day plague. I blame the stock analysts. They started it. They measured company performance by looking at growth in profits (amongst others of course, but that is a main one, I’d imagine). No matter how strong and vibrant a company appears to be, if there is no growth in profits, the stock price does not rise – “perform” – and this could lead to calls for remedial actions such as changing CEO, mergers or acquisitions, etc. Where does the chase end? Is growth a perpetual thing? Doesn’t growth stall at some stage for all organizations? Is it essential for survival?

I accept there must be growth of some sort, so that we do not become complacent and progress can be made. However if we are so obsessed with it as to be harsh to people around us, it is time to take stock and re-analyse things (pardon the pun)…

In the past 2 days, Theresa and I both received emails from friends who have migrated overseas, and are doing well…

—–Original Message—–
From: Ian Teh [mailto:ian@sharrockpitman.com.au]
Sent: Wednesday, 5 April 2006 9:20 AM
To: Theresa Chew
Subject: FW: Home

He got a job with BB as In-House Legal Counsel. Looks like jobs isn’t the main problem for our migrating friends anymore.

His pay is about $$K, which xxx just wont pay him, saying he asked for too much! L telephoned and asked if he found a job and got the pay he wanted!!!

Regards

Ian

---

From: Ian Teh [mailto:ian@sharrockpitman.com.au]
Sent: Wednesday, 5 April 2006 9:16 AM
To:
Subject: Home

1 ½ hours …. Wow, that sounds like a lot of commuting. I guess you can read/have a snooze in the train so yes, that’s better than being stuck in traffic in KL.

You mentioned YOU still live in ____. What about ______? Where is ____ and where does ____ work?

While it is not a pressing matter, I have decided to look for something else to do. I hate to say this but somehow this (my present work) is not what I want to do long term. I really cannot go on much longer charging 6 minute blocks for little tasks and quick phone calls and call that satisfying legal work.

I said “I hate to say this” because I know in spite of how I feel professionally, all other factors like working so close to home in a suburban context really do add up to a big plus. I feel it really is less important how professionally satisfied I am compared to how my life is overall. Yes, my work is a very big part of me and that is almost the last piece of this life’s jigsaw puzzle here in Melbourne to make me truly happy but there is always the catch, the fear that I may be trading in the other aspects of my life just to make my work happier.

I have come to have a real relationship with my God now so I look to that a lot and that keeps me happy no matter what. I am therefore looking to Him also, to give me a hand and steer me in the right direction. After speaking with you a few weeks ago, I prayed for you constantly and voila – I think God answered that part of my prayers! I know He will answer my other prayers in His time also.

Cheers and do enjoy your coming weeks/months in your new life, not least looking behind your shoulders – we’re coming after you. I know 6 points in 7 games is a big ask but the chase alone is worth the season’s earlier woes! Forgive me but seeing the “Special One” behaving in a very ordinary way (ie, losing temper and blaming others) is quite refreshing!

Cheers again

Teh