Thursday, April 2, 2009

How dare you insulting me!!!




  1. I was in Muar last Friday (27-3-2009), humbly appearing at LHDN Muar Branch handling one of my client's taxation matters. I reach there around 11 am or nearly at 12pm, after having delicious 'Muar style breakfast' the satay and mee kuah (not quite sure whether that was for breakfast or lunch, because too heavy for me!). After the meal and hardly walking with heavy stomach, we (with a client and my fellow lawyer) went straight away to the office. By the time we reach the LHDN it was already nearly 12.30pm and since it was Friday, not much discussion could be done except gathering preliminary information on the case and promise the legal officer that we would come back with our official letter and proposal of settlement. Except, the legal officer trying to threaten my client right in front of my face, very unethical. And my client even inform me that there were officers from the LHDN came to his house spoke to his mother saying that LHDN may arrest my client if no payment is made (I will discussed the arrest issue bellow).

  2. I was trying very hard during the first discussion not to 'provoke' or legally dispute any issue as my main intention was to get thing settle as soon as possible.

  3. By the way, my client's problem with taxation is that he has a personal overdue income tax unpaid till date which till date the LHDN already taken a judgment against him. No other execution proceeding yet. He is now working under a company who wish to send him abroad for a business deal. As expected his passport could not be renewed until he obtained a letter of clearance from the LHDN. So the company send me to help him.

  4. Back to the story, since it was Friday, we stop the discussion early and rush out for Friday prayer at the local historic mosque (very beautiful). I manage to open my notebook and draft the proposal letter while waiting for the prayer. After the prayer we, rush to local town to get it printed. While trying to find the 'cyber café' or any other business premise to print the letter, the legal officer called me on my HP saying that she is unable to attend our second meeting, because she had a monthly meeting. Fair, I told her that I will leave the letter at her office. So it is a monthly meeting, why can't you just inform me during the morning meeting? Don't tell me that you forget your own monthly meeting.

  5. We skip lunch (anyway, I am still full with the heavy breakfast) just to rush to the LHDN. We reach LHDN at around 3pm almost 4pm, left the letter at the counter and get it chop acknowledge received dated 27-3-2009. Can't disturb her to inform that we have left the letter.

  6. So days pass by, on Wednesdays I called to follow up whether LHDN accepts my client's proposal or not. And you what, the legal officer told me that she never receive the letter! I was quite unhappy with that. Still, in mood of negotiating, I refax the letter to LHDN (the same letter with acknowledged received date endorsed on it!). So she read it and called me back about an hour later.

  7. Now, this is where the main story of this post come, to my surprise her first introductory conversation was to indirectly saying that I am a bogus lawyer! Reason: my letterhead was printed using bubble jet printer!

  8. So I start to piss off, and straight away tell to her that I don't have time for this crap (I was indeed very busy that day) and I told her in my 8 years of practice never before a stupid officer question my letterhead simply because it was printed using bubble jet printer, and that's an insulting! I told her that if she doesn't satisfied she may check my registration at the Bar Council and I even offer my membership registration number to satisfy her stupidity. anyway, she innocently told me, 'well, there is always a first time isn't it'. well, the first timer (the stupid enough to ask) will always 'gets in return'...

  9. I don't understand why can't she use her small brain to think that I am from KL and of cause I will use whatever local facility can offer to make my job easier (including printing documents and letters). For your info, in extreme situation, I even print court documents using 'cyber café' or business centre 'bubble jet printer at any local town in Malaysia or even abroad, they all accept without stupid enough questioning my legality.

  10. Anyway, during the conversation, I was still able to restrain myself from 'lecturing her', I still proceed to ask whether LHDN accept my client's proposal or not. Again and as expected, she can't give decision (sure you can't, you are just a tiny officer trying to outsmart a lawyer). So I told her to refer the matter to her boss, and I will call back next morning (today).


  11. Miss Young-Inexperience-Claimed-to-be-ex-lawyer-LHDN legal officer, let me tell you something so that you may learn in future and making the same stupid mistake dealing with lawyers:-


    1. Do not cover your weakness (claiming not receiving the letter, while I got clearly acknowledged) by trying to find stupid argument on your oppenant 9anyway, I did not came as your opponent, I enter with the intention to negotiate).

    2. Before you want to shoot somebody make that you a good weapon, do a little bit of home work to check my registration and background. To make yourself easier in future, I give Malaysian Bar link where you can find directory of lawyers registered thereunder: http://www.malaysianbar.org.my/

    3. Try to be focus and differentiate between disputed matter and negotiated matter. A good well experience lawyer (as you claim to used be) would know how and when to dispute and oppose, and when to try to find middle solution for win-win situation.

    4. Do not threaten a client in front of his own lawyer, why? Because the lawyer may seem to be quite but he is actually accessing your weakness.

    5. I could easily report your (including your officer) misconduct to SPRM for misused of power threatening to arrest my client while you were not in position to do so (at that time).

    6. Or I can easily sue you for civil damage threatening my client, you choose.

    7. I may always object and get the judgment obtained set aside due to in appropriate and miscalculation of tax due. Or even worse for entering judgment sum violating principle laid down under Malaysian Federal Constitution (hint for you to study and do your home work: double jeopardy)

    8. My final advice, do not mess with 'unintended opponent' especially a lawyer who wish not to fight your case at first visit. If you do, you trigger the lawyer's instinct.

  12. Hope you learn my dear legal officer.

By the way, i must confess, Muar local food is superb... i tried Murtabak singapore, rojak and many more before I went back to KL..

3 comments:

  1. as a gestur of good will, and open heart, today i accept her personal apology on yesterday 'unfortunate adventure'. And i respect her for that...

    Hope your coming years experience in LHDN will be more colorful..

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  2. Thats a good one. Some of these people can be so dim. Sometimes, I wonder if they are that bodoh. But at least she apologised.

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  3. Being a lawyer doesn't mean that u people are smart.. Anybody could make a mistake and nobody is perfect.. By apologizing her mistake would make things better right..? Anyway she is also a lawyer, just like u for your information...

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