I have just drafted an application for discovery and interrogatories. It is for an insurance claim. Not a “runner’s” case insurance claim, but for a trade credit risk insurance claim. It is not complicated. Conceptually, at least, it is in fact quite simple. However there is a dearth of precedents on stuff like that and especially for firm out in the suburbs, precedents to assist my present task is as scarce as truffles in my backyard. We don’t subscribe to any forms and precedents except some vague references in Lexis Nexis. They are all Supreme Court stuff and deal mainly with personal injury, property damage etc. Mine is, should I say, just a wee bit off that track and it’s in a County Court.

So I just dreamt up something, did what I thought should be done and gave the boss a set of drafts for the application. He just threw it back at me. Too wide, not crisp enough, no need for an affidavit, interrogatories not there? I recall telling him I had never conducted litigation of even the smallest case in my entire legal career. I had not even seen a full set of discovery or interrogatory documents. I know what they are for (I recall doing Civil Procedures in Law School) and how they should be shaped but that is as far as I could go.

Anyway, me – a banking/securities/corporate lawyer chipping away at an application in a County Court in Victoria, working with little more than blank pieces of paper (or blank screens). I don’t mind doing all of this, but it simply isn’t efficient and could be downright unfair on the client if they get stuck with the bill for it.

So I now plug away, not knowing if the application is any nearer the correct (or expected) form. I still feel like I should be learning how to write poetry instead of learning a new language. But, until then I guess I have to learn the ancient language of courtspeake.

It is now 3pm on a Monday afternoon. Almost all or my tasks have been completed, except of course whatever amendments there may be to a few draft documents I have put on my principal’s table. He is out for a meeting and should be back shortly, I think. Until then, I am relatively free and this would not translate well onto my time sheet. This is my perennial problem. Yet, here I am sweating the issue week after week.

Show me the straw! (otherwise how to make bricks la)

Last night a friend called. She and her husband have just bought a house and had called me a few days before about doing the property transaction for them. I had then given them an estimate of our usual charge. Last night she said she found someone else who could do it much more cheaply. I was going to counter offer her and ask what rate could make us more competitive, when I recalled the conversation I had with Tim, a colleague, when we were driving back from the retreat on Saturday arvo.

The boss had launched into a tirade against Tim, implying he had done a deal behind the boss’s back, by agreeing to a lower retainer. He had hinted that I was doing the same, when my pastor wanted a will done and I asked the boss if the fee could be lower.

No, I wasn’t going through the trouble of getting work in by counter-offering a lower fee, when that sort of attitude was floating through the organisation. He didn’t trust me, didn’t trust Tim and is unlikely to start trusting us anytime soon. He recognises our reticence to charge high fees but somewhere in that very fertile mind of his, he harbours suspicions that our reticence isn’t entirely due to modesty or profit-shyness.

I wasn’t going to feed that suspicion by offering a deal on a Sunday night to an old friend. I therefore very promptly commended her for finding a cheaper solicitor and said yes, she should go ahead and appoint that solicitor. Sure, it would have meant no favours to my record of time sheet and billings but so what else is new…I sure can do without additional angst.

I don’t know – maybe after all these months sweating the issue, I’ve had it and would not let it get to me anymore. Obviously I still think about it an awful lot but just as clearly, I have stopped letting it upset me too much. I think about it, shrug the shoulders a bit and get on with other stuff. Maybe it is effluxion of time and with it comes numbness or familiarity which flushes out uneasiness. Maybe the peace of God which surpasses all understanding really is flowing through.

Unlike Malaysia, I cannot just walk away from a job and expect some alternatives to spring up (in fact even in Malaysia, that would no longer be true, if what I’ve been told/reading is accurate). But all the more so here, that is a tricky proposition. Walk away and the uncertainty, the very real prospects of having no alternatives save that which we create for our own, looms.

It is this knowledge which makes me think that it is the peace of God, which surpasses all understanding, which is at work. The logical side of me would have made such thoughts/prospects unthinkable and therefore setting me off on a nerve-wrecking bout. Yet, I am learning to just quietly depend on God, whatever the outcome may be.

Funny how I think that seems to sum up my state of mind now…

Okay – I guess life goes on for most. You though, appear to keep busy enough for that statement to sound so understated. You should just get a partner in life who shares your passion for your canine friend – so that you can have more peace while at work (assuming your partner is less stressed up with work).

We have just moved into our own place about 1 1/2 weeks ago (after renting for over a year) so maybe (hopefully) not too long from now, we can start looking at getting a dog to share our house. I miss having a canine friend.

Life has been great in terms of quality time with the family, especially with Elysia. I have put job on the back burner as a priority so don’t really get hung up with the little things that used to bug me heaps. Also, God has taken on a more significant role in my life since around 1-2 years before leaving Malaysia, and I want to build on that more now.

So to answer your question, I guess yes I’m happier here in most ways but if I examine my job a lot more closely, that is where I am least happy.

Cheers

Teh

U laughed tho’, right? J

Re me, I know it’s a familiar refrain by now, but it’s been BAD. Have had to work the past 3 or 4 (I lose track now) weekends, n on average until 10pm if not later every night. L T is fine. None too happy every morn when I have to go to work n put her in the kitchen, but she’s used to it by now, I have brought her in a couple of times when I had to work late / over the weekend, but I’ve now figured (ding, ding.. lightbulb a bit fused) that it’s better to just take the laptop home n work from there. Ack.

How are things at your end? How’s wifey n kiddy n Roy Teh n the job? U happier there?

—–Original Message—–
From: Ian Teh [mailto:ian@sharrockpitman.com.au]
Sent: Monday, April 03, 2006 10:28 AM
To:
Subject: RE: TIMBUKTU

A red-neck through and through. How have you been, my friend? How is Tasha doing?

The National Poetry Contest had come down to two semi-finalists — a Yale graduate and a redneck from Wyoming. They were given a word, then allowed two minutes to study the word and come up with a poem that contained the word. The word they were given was “Timbuktu”.

First to recite his poem was the Yale graduate. He confidently stepped to the microphone and said:

“Slowly across the desert sand
Trekked a lonely caravan
Men on camels, two by two
Destination: Timbuktu.”

The crowd went crazy. No way could the redneck top that, they thought.

The redneck, with sweat rolled down his face, made his way to the microphone, he said:

“A friend and I a hunting went,
We spied three maidens in a tent,
They being three, we being two,
I bucked one and Tim bucked two.”

The redneck won!!

---

_____________________________________________________________________________

The firm had a retreat in this place called Sorrento, somewhere in the Mornington Peninsula south east of Melbourne. It was maybe a little under 100km from the office, and we all left office around 10.30am on Friday. We got there by around lunch, checked into this rustic little hotel called the Oceanic, and stayed there till Saturday afternoon, around 4pm.

It was a series of meetings, discussions, and eating. It’s the usual gaffe about motivation, buying-in into a team atmosphere, projects like advertising, client feedbacks, personal responsibilities and goals and the rest of such corporate mumbo jumbo, except this was a little suburban firm trying to be something more significant. Work long enough in any given field and you’d be dragged through these sessions. They’re not bad, were in fact quite fun but I’d much rather be with the family.

I guess a lot of credit must go the my boss for wanting to instil values and directions, but sometimes I wonder if time and energy is best spent elsewhere. Our work should not be more than to put food on the table. If it takes over so that we spend all waking hours thinking about it (which sessions like what we just had are designed to make you do) then it becomes problematic. That is not what I came to Melbourne for. I don’t want to be so into building something that I have little energy or time for other things.

What do I want to do now? First, I want to be still fresh in the mind when I go home after work everyday, to exchange ideas with my daughter about her school and church projects and issues. I want to get more into her life, as well as that of my wife. Sure, I may still not be as worked up as in KL, say, but such sessions as those we just had are first steps to a more professionally obsessed life. When we talk about commitment and excellence in work, we tend to start our journey towards work and away from a few other things. Our resources are finite and something’s got to give.

Anyway, secondly I want to be available for more of church work. Same issues as per above I guess.

Maybe I’m just subconsciously working out an exit plan from here, making a list of justifications. Maybe the various episodes in the past are all adding up and coming to a boil now and I am planning for alternatives, and am subconsciously looking at the other side of the ledger.

It was a weekend of retreat in work, maybe a lot further back than I had planned…

I was almost at the gym this morning when I realised I didn’t have my running shoes with me! And, the new house is an additional few minutes further from the gym. Anyway, it is still only less than 10 minutes’ drive away and I needed the workout so I went home, picked up the shoes and returned to the gym. I decided to just do the run and not do any post-run stretches/push-ups so I went all out and did a decent 9.5km in the normal 45-minute session. I was still sweating by the time I finished my shower and pulled on my jeans. I was afraid the push of pace up to 14k/h towards the end of the run would do my knee in but I guess the procosamine (a glucosamine sulphate supplement I have been taking for the past few weeks) is really effective as I felt no strain whatsoever. Kiddo’s usual jibe at my age during breakfast was brushed away with the usual “but I am stronger and fitter than you”. I know we can’t beat age and in many ways, I can feel the effects of ageing but I am really thankful with this adherence to some form of regular exercise and supplements, which has by and large kept me going. The fitness level however, hasn’t helped in overcoming this sense of disorientation. Hopefully I will stop forgetting things. Kiddo and I were talking in the car on the way to her school and I told her about my forgotten shoes incident, maybe subconsciously to pacify her that we too, forget stuff. We joked about how we often forget to remember and only remembered we forgot after the incident. It happens more when we are disoriented, by new surroundings, and a sense of intrusion – yes, I am still affected by the email incident. Still disoriented.

Theresa knows I have been disturbed by the incident with the emails in the office. She knows how much work issues upset me, keep me worried and distracted. So for the past 3 days, every time she sends me an email (which is about half a dozen or so every other day) she asked how I was feeling. I guess after what – 14 years – of marriage, she has come to know me really well. God has truly blessed me with a wonderful partner in life.

Anyway, in replying to one of her emails today, I said in spite of everything, we really need to remain positive and happy. She said that is easier said than done (again being that very understanding wife). I gave her one of my philosophical throw-away lines – you can be happy even when life is hard. I have read many times, many accounts of people who are so positive they remain upbeat no matter what life throws at them. These heroes believe happiness is all in the mind. I have come to see what they have been saying. Yes, pretend to be happy and you may actually be! I think even CS Lewis may have said that.

John So, Lord Mayor of Melbourne, personifies that. He laughs at the end of every second sentence. He was a bit of a joke initially but by sheer positive attitude, he has, I think, won over the hearts of Melburnians. During the Opening Ceremony of the Commonwealth Games, his name drew the loudest cheers and applause. There was a bit of irony and mockery in those receptions but by the time we got to the Closing Ceremony, the same cheers and applause have taken on more sincerity. Feedbacks on radio programs suggest Melburnians simply adore his can-do, let’s-have-a-ball attitude. He didn’t seem to mind people laughing at him and has turned that into people laughing with him.

I guess that is the lesson of the day – I will be happy, even if I’m not!

In mid-2004, when our plans to move to Oz were shaping up, I subscribed to a couple of online job portals. I was only vaguely hoping to land a job – it was more to get a feel for the job market. While they were by and large not very successful for me, it opened up a few avenues. It certainly allowed me to get acquainted with the mechanics of recruitment in Melbourne. The need to have a feel for the job market is less now but it is still a useful knowledge to have. I have therefore continued with the subscription and the portals continue to send me updates of positions which matched my selected profile. These updates are sent to my private email addresses and I can very safely say many employees do that – subscribe to these services and have responses sent to them at their private email addresses.

Recently, because of our house moving, I had my private emails forwarded to my office email address. With my ISP email, I simply added the account details to my Outlook. With my gmail account, I did both – added the account details on my Outlook AND altered the setting configuration on gmail so that all emails get forwarded to my office email. This was done about a month ago, soon after we signed the contract for the house.

I took last Friday off for the house moving. On Thursday night, I went to my Outlook account profiles and made it stop the downloads of my ISP and gmail accounts. I did this because I had seen the bosses’ wife go through a colleague’s emails before. This colleague is a litigation lawyer so he is out of the office a lot. Very often, the bosses’ wife would sit at his desk for a bit, and I often see her go through the emails. I didn’t want her to go through my private emails, so I stopped the downloads.

Of course, I had forgotten that the gmail setting needs to also be altered otherwise the forwarding process continues. Outlook on my office PC may have stopped pulling my emails from gmail but gmail continues to push them to my office PC.

Lo and behold on Monday morning I got a note from the Boss. He saw my online job portal subscriptions and scribbled a yellow stick-on note which said: Please disconnect from these subscriptions. Obviously someone trawled through my emails and disregarded the dozen or so jokes, articles and news services but zeroed in on these portal subscriptions.

Later that morning I went to see the Boss, told him these subscriptions were on my private emails and my private emails came to office only in the last 2-3 weeks due to my house purchase and move. He however, asked me to stop the subscriptions. He was the boss; I was “caught out” and was therefore nervous, so I said yes.

As I thought about it last night however, I thought I shouldn’t have said yes. I was wrong to have forwarded my private emails to office maybe, but what I did with my private emails was my private business, as long as I don’t bring them into office. Leaving aside the issue of whether he had the moral right to go through my emails, he certainly had no right to tell me to stop my subscription to these portals. In fact if I found out that my employees had these subscriptions, I would not be the least surprised, let alone bring the matter up with the employees. What is the difference for example between subscribing to these portals and buying the papers and scan through the Careers section? Can I not look? Can I not look at the Career ads in the papers while in office?

Returning now to the matter of bosses going through employees’ emails – I never had this experience, at least not to my knowledge. I certainly never saw my employees’ emails. He said it was to ensure no work matters are left unattended. But all of my clients knew I was away on Friday – I notified them. None of my clients even tried to contact me that day. When I had employees, it was a practice that they would inform their clients if they were away and if anything required attention, these clients were to contact a back-up person. This was the system and all of my clients would have contacted the Boss if anything required attention.

There is now a bad taste in my mouth, and I’m sure the Boss feels the same way. I haven’t done anything wrong but feel bad. I feel in fact, I have been wronged but the Boss was very negative yesterday. The relationship has never been an easy one and yesterday has made it worse. Why do I feel I am the guilty party here?

Conveyancing in Malaysia is a relatively sedate exercise. There’s no drama attached. Well, the lawyer always hopes there isn’t. Sometimes there is a little bit of angst here and there but by and large they are not the sort of matters justifying a stiff drink by noon. I think most conveyancing end with barely a whimper. The seller’s lawyer receives a cheque from the buyer or its bank and that was that. All other details like utilities bills and handling over of keys, etc – they are all relatively minor steps which parties eventually get around to. I think (I have not done a piece of conveyancing for quite a few years, even when I was in Malaysia.).

The bigger action is with the presentation of the title documents in the land office. The drama is there. It’s almost like an episode in Who Wants to be a Millionaire. The bloke at the counter of the land office is like Eddie McGuire (the host of the Aussie version). Minus the suave suit, striking face and smart rapid deliveries of course. In fact the person is usually a drab ugly person who draws his or her sole satisfaction in life from rejecting a presentation. Then all hell breaks loose in the lawyer’s office. Thankfully this is rare as like I said, the presentation of title documents is like the climax of old folks making love so the lawyer spares no effort to make sure it slides in without any hitch. (The title documents, you idiot). When it does, it’s like Eddie says “correct” and you win a million bucks.

Here in Victoria, the drama is with the Settlement. They do everything here in this event. It’s like the summit, the mother of all meetings. Representatives of all parties convene in a place somewhere in the city. Each party carries a truckload of documents. (In my case, our representative is carrying a truckload of cheques – our vendors’ conveyancers made us issue 9). Admittedly, this is probably only the 5th or 6th settlement I have done so I am still a bit raw and therefore, nervous. Especially also seeing that our move dates are at stake. Anyway, all parties with all relevant documents converge in a little room somewhere in the city, check everything off, then calls headquarters to hopefully say, “There has been NO problems”.

I hope sometime after 2pm today, I will get such a call, to tell me the settlement has gone through.