Work Flocks Too

Just conversing with the friend who now has better working hours about how amazing it is that when one is busy, work comes, when one is free, work doesn’t come in at all; something my boss always complains about (after all he’s past retirement age and still working, preferring to take it slow). I noticed that if I had nothing to do over one weekend, no one would ask me out or if I do, no one is available but when I have events packed into the rather short weekend, everyone comes asking for a bit of my time.

Today was amazing because the bestie called for help. Unfortunately I was doing my duty as a driver and didn’t answer her in time. Then I got an email asking me to look through some tenancy agreements which brings me to the focus of this post really. The agreement consisted of an application form (fine), a pre-tenancy agreement (fine), the main agreement (fine) and this extra agreement that was short but included in case there was a substitution of one of the tenants (unnecessary). That could be included as a clause in the main agreement. Full stop. I am sick of reading lines after lines and writings of the SAME thing. I concluded that this is the work of the lay people because American lawyers drafts one of the world’s best contracts, well structured contracts and concised clauses.

Next problem, the pre-tenancy agreement was full of repeated clauses it seemed the drafter was worried that if not emphasised, the agreement will lose its meaning. Also, I couldn’t help correcting the “legal grammar”. Sometimes the landlord is referred to as the landlord, other times the owner. Sometimes the tenant is referred to as the tenant, other times applicant or approved applicant. Another hint that its the work of a layman. Its unlikely that this will ever end up in a lawsuit but if it did, I definitely wish I wasn’t representing either parties.

Moving on to the main agreement which gives me the most headache. LOADS OF GRAMMATICAL, SPELLING AND TYPO ERRORS. It is an eye sore to me because grammatical, spelling and typos are errors that even the primary school kid using the computer can ratify. Again, in this agreement there are LOADS OF REPEATED CLAUSES.

I guess I’ve seen enough of individuals trying to save on lawyers’ fees and creating such a disaster. In fact I recalled a court hearing I went where the judge said at the end of his judgment: please go back and advise all your clients and get them to tell their friends to leave the drafting of contracts to the professionals. It is not to allow lawyers to earn quick cash, in fact they put in a lot of hours looking at them, but to reduce the number of cases I have to hear before me each day where lawyers make a fool of themselves because of badly drafted contracts. Don’t you think its ridiculous saving a few hundred or thousand bucks on drafting a contract only to have to spend more to fight a case because of its bad drafting? Good contract drafting can reduce time and money wasted in fighting court cases.

I can’t agree more. In fact he later shared on how his litigation friend had to bring him (the judge) along when he thought of buying a house because he (the judge) is specialised in contract reading.

I shall leave you all with what he said: even my lawyer friend, who is of course as capable to read a contract as I am, is asking me to go along to make sure the contract he was signing was in place, why can’t non-legal trained people be as cautious?

Work Lingo @ Home

I forwarded an attachment to a friend and in the email, I unknowingly used words like “attached is… for your attention and perusal” and got a reply that read: why do people bring work lingo into personal emails?

The answer is due to work lingo being used at home by the dad who constantly airs his disgruntlement at his inability to find as good a mentor for himself than as he is to me now. He would pick up and read one of the law books that he found strewn at one corner of our house, all the works of my brother who is prepping for his examinations for the coming week, and tell told me he’d make a good lawyer and went on his usual routine to make us (or rather me in particular) realise how fortunate I am to have a mentor like him.

When he wants to get certain points across he would use legal jargons like “TAKE NOTICE” (in caps and bold), bet he’d underline if he could, in his sms to us. Sometimes, he would sms us instead of tell us in the face even though we are all in the house; he claimed for reasons why lawyers write to their clients instead of call.

I recalled an incident when I was just complaining about how crowded it would be on the trains in the morning yet people will still be trying to read the newspaper. And he went (with a disgusted face): whats most terrible, this guy who had his earphones so loud that he could hear everything even enough my dad wasn’t even standing next to him. He then brought my attention to a newspaper article in Today (that day) about how people are getting deaf earlier because of this, especially males. What made me laughed out loud was when he said he was going to photocopy that newspaper article and cc a copy each to my brothers.

Seriously! Is it even necessary to use office lingo at home?

Sadistically Still Loving It

From The Times

July 9, 2007

Why are lawyers miserable: want a list?

Sathnam Sanghera: Business Life

The juxtaposition of two stories in The Times last week – one reporting that top-flight City lawyers were charging as much as £1,000 an hour for their expertise, another that a quarter of lawyers wanted to leave their profession – raised a pertinent question: just why are those in the legal business so miserable?

The Law Society has recently been trying to provide an answer, but its “quality of life” review, taking the form of workshops, debates and online surveys, has been dragging on inconclusively like a complex fraud case and also seems to have missed some vital evidence from across the pond.

You see, as with everything else, America has been doing lawyer dissatisfaction bigger and better than us for decades. Polls have at various times established that not just a quarter, but up to 40 per cent of US lawyers want to leave their profession; and whereas British lawyers are only just waking up to the fact they are miserable and want to die, their American counterparts have been alert to it since 1989, which saw the publication of Deborah Arron’s Running From the Law: Why Good Lawyers are Getting Out of the Legal Profession.

Indeed, there are now almost more books, articles and websites dedicated to the subject of legal despair than there are American lawyers. Which is saying something, given that the USA has more lawyers than people.

And last week, to help the Law Society get to the point, I spent two bleak days sifting through the literature, a process that made it clear City lawyers are unhappy because of:

1. the dehumanising hours. Remember that bit in The Firm where Tom Cruise’s character is told that if he even thinks of a client in the shower, he should bill it?

Not only can one imagine this actually happening now – lawyers generally charge on the basis of billable hours, and annual targets can be brutal – but the shower might even be taken in the office. Many City firms offer beds and washrooms in offices to enable staff to work longer.

While those entering the profession may be prepared for this – an excessive workload is seen as a rite of passage – many don’t seem to realise that their reward for selling the best years of their lives is simply the privilege of being allowed to sell the rest of their lives in the capacity of partner.

Which, of course, negates the only advantage of being a lawyer: the cash. Leaving aside the question of whether money can make you happy, it is pretty obvious it won’t if you have no time to spend it.

2. the yawning gap between their intelligence and the mind-numbing nature of their work. The word “lawyer” may trigger images of attractive people making clever arguments in wood-panelled courtrooms, but most spend the majority of their time in back offices drafting and redrafting small print that almost no one will read. At least if you flipped burgers for a living you’d have the satisfaction of giving people momentary pleasure.

3. the yawning gap between the ideals of those entering the profession and the reality. Some go into law because they dream of fighting injustice, but discover on entering that most of what lawyers do benefits big business.

Others enter the profession because they are seduced by the apparent glamour of the trade, as portrayed in Ally McBeal and LA Law, only to find that the work is about as glamorous as getting a verruca (cf point 2). Then there are those graduates – as much as 47 per cent of the profession, according to a recent survey – who drift into the job because they don’t know what else to do, assuming vaguely that it might be fun, and find on entering that it is about as amusing as breaking a limb in a traffic accident (cf point 1). Repeatedly. For 90 hours a week.

4. the cumulatively lowering nature of the work. We all end up being shaped by our careers. Journalists become rude, incorrigible gossips. Police officers start believing what they read in the Daily Mail. Lawyers, meanwhile, become competitive, aggressive, judgmental, analytical, adversarial, emotionally detached, paranoid of being sued and, worst of all, pessimistic. Being a good lawyer involves assuming that people will do the most awful things and that treachery is to be expected. It’s inevitable that this negativity eventually seeps into their personal lives.

5. the vortex of hatred that envelops them entirely. I’m not only referring here to those surveys that put lawyers among politicians and journalists as the least popular of professionals. I’m also referring to the fact that lawyers despise each other (cf point 4), despise themselves (cf points 1, 2, 3,4), are despised by their clients (for charging too much, not always winning cases) and, in return, despise their clients back.

Handling others people’s problems, unless you are Mother Theresa or Esther Rantzen, eventually becomes tedious, especially when most of those problems relate to money.

6. the self-inflicted nature of their suffering. Because of the way City firms work, most senior lawyers, as well as having to spend too long doing too much dull work, are under intense pressure to attract new business. When dissatisfaction kicks in, it’s amplified by the fact that the work making them unhappy is self-imposed. It’s like waking up to find someone drilling a hole into your head, only to realise the sadist wielding the Black ‘n’ Decker is actually you.

Looking back over this list, I realise little of it is going to elicit much sympathy. Somehow, I can’t see the Red Cross diverting resources away from Darfur to come to the rescue of professionals earning £1,000 an hour.

But human misery isn’t relative, and I can’t help thinking these problems could be solved. All City firms need to do is take a moment or two to take a good look at themselves. But that must be difficult when time is (so much) money.

This has been circulating around on Facebook amongst my lawyer or lawyer-to-be friends. And I’m sorry to have to say that I grabbed this off Facebook, yes again, as with all my other articles.

I’m still loving my profession even though I’ve been in it for a year; I’ve constantly been motivated by the cash (all my life since the day I know the power of it), I’d do anything for the cash which I believe many of my friends out there would agree. (We had this discussion before). I’d choose to disagree that we would never have time to spend the cash especially with so many trustworthy shoppers or online shops which one can click confirm and have the item purchased hand delivered or sent via DHL or Fedex to one’s home.  I’ve done that quite a couple of times this year and personally, I must say I do enjoy it even though nothing beats going into the shop and walking out of it with your item in hand. Big ticket items do soothe that stress from within, well until now it still has that effect on me at least. In fact what I found rather distressing is actually having the time to go shopping and being totally willing to spend yet nothing, n-o-t-h-i-n-g, catches my eye. On the contrary, it might be the many occasions wishing that with all that money accumulated in the world, we can actually take time off to travel. Not that it really is a problem because my lawyer friends are taking extended holidays to cool holiday destinations that money brings them. So yea, we earn the bucks and are still able to enjoy that once a year holiday. If you are talking about day-to-day or week-to-week work life balance then yea, agreed that that is compromised but I’m perfectly fine compromising on that for my Birkin, Kelly, Louboutins, yearly trips to Maldives, Japan and anywhere exotic.

Its true that corporate lawyers spend a lot of time on the fine prints that only lawyers read when conflict arises but honestly, I derive great pleasure doing that. I like “fantasying” on the possible conflict that might arise and fine-tuning those clauses to be as air tight as possible. In fact, I derive greater pleasure doing this than finding the laws and cases that can help a client escape from the conflict he is already in.

I’ve been competitive, aggressive, judgmental, analytical, emotionally detached and pessimistic before I took the first step into the profession and like most of my friends say, they believe I’d be able to last and be continuedly motivated by the money. So I mould nicely into the profession instead of having it mould me. Excellent.

Maybe I should read this in five years time to confirm if my opinion still stands… It will be interesting to know what I’d be thinking of the me that is currently drafting this now…

Random

A friend who has finally chosen the “life is short route” can now talk to me from home at 12 midnight. He would otherwise be still in office working at this hour and wouldn’t even be close to knocking off.

He was telling me that everytime he works late, he’ll snack on fast food. He has pretty much lead an unhealthy lifestyle and when I commented “you’ll die very early if you continue like this”, his immediate response was “thanks I like lilies”. Talking to those in the same trade requires quick wit and being constantly on one’s toes. Gosh I foresee myself becoming a very secretive individual in future…

The Power Of Advocacy!

Lately advocacy seemed to take centre stage of my life and I thought it was useful to share snippets of some action right here which non-lawyers or non-defendants will not have a chance to experience or if they do, will not have the patience to sit through as observed from how the length of time the members of the public actually sat through the cross examinination of the trials. Savour and enjoy the power of the weapon of words.

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