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Contributed by the National Young Lawyers Committee
“Lawyers should keep our feet on the ground and our heads
out of the air”
Angeline Cheah Yin Leng completed her pupilage in a firm in Penang and was
called to the Bar in August 2006. By nature a shy person, she agreed to share
some of her thoughts after some cajoling.
From your piece on the website, at the end of
last year, you
sounded extremely enthusiastic on being called to the Bar, and for the future of
the Bar despite the “shenanigans” going on.
Well, I have always held in high esteem the Bar and was very eager to be a part
of it. My call day was significant in the sense that it now meant that I was
part of a very old and noble establishment. I would like to see the Bar grow,
not only in numbers but as well as in professional quality and to bring forth
truly dedicated individuals who seek to uphold the standards and dignity of the
legal profession.
Many young lawyers are excited when they start at the Bar but soon get burnt
out. Do you see this happening to you? How would you try to avoid this from
happening?
Yes, I have heard comments from young lawyers that they are no longer interested
to pursue the legal career and instead wish to branch out to do other things.
After all, a law degree is very flexible. However, for me, I would try to avoid
burning out by exposing myself to as many different types of work and cases as
possible. And to keep myself interested in what I do. Perhaps the reason that
many young lawyers burn out is because they are restricted to doing only certain
types of work and have no opportunity to try new things.
From a perspective of a “freshie”, in what direction would you like the Bar to
head?
I would like the Bar to be more involved in the needs of young lawyers, although
this is now just a term to describe us. Lawyers are lawyers now, regardless of
how many years of practice one has. However, as a “freshie” there are many
things that we can learn which experience has not taught us, and this is where
the Bar and other senior lawyers can put in their wisdom and intellect to help
us.
There are some comments that the Bar is no longer relevant to our lawyers. Is
this how you feel in your short time at the Bar? If so, what are ways this can
be improved?
In my humble opinion, the Bar at times can get rather “political”, and as such,
not so relevant to many lawyers who are merely running their practices or busy
rushing around the courts or in the office trying to meet deadlines. However,
what I personally think is very helpful are the many conferences and talks
organised by the Bar. This helps in our professional development as lawyers and
is also very informative and helpful to our practice. I would suggest as
improvements maybe more published articles in our private circulation as well as
in local newpapers about different areas of practice. I have found the “LAW
REALTY” series published in one of our local papers to be very useful indeed.
How can pupilage be improved across the board?
In my opinion, I think there should be some sort of “syllabus” for chambering
pupils, much like when we were studying for our law exams. In this way, pupils
will be more well-rounded and equipped for actual working life as an advocate
and solicitor. Which is why I feel that a compulsory dock brief programme for
pupils is a good idea. Many pupils do not get the opportunity to do any criminal
work during their chambering, and they may not ever get to do it if they choose
to practise at a firm which does solely civil litigation or conveyancing work.
Having the chance to do mitigation during the dock brief enhances the pupil’s
interviewing and advocacy skills which will in turn prove useful to him or her
in the future even if he or she is not handling criminal cases.
What were the problems you faced whilst you were chambering?
I fortunately chambered with a well-respected, understanding Master and the
staff at my firm were very helpful indeed. So I managed to finish my chambering
with minimal problems.
Tell us about life in Penang. Are the idyllic beaches all they are made out to
be?
It has been said that Penang has it all - the sea, the hills, the food, the
shopping etc. I would say that Penang may have it all, but having it all and
having it all good are two different things entirely. Unfortunately many of our
beaches have been contaminated by pollution. Nevertheless, there are still some
beautiful spots if only you know where to find them. I guess that’s what us
Penangites are here for! Nevertheless, especially on holidays and weekends,
tourists and locals alike flock to the beaches to have some fun in the sun, as
they say.
Anecdotal evidence suggests that Penang litigators are usually very
“hard-hitting” in a good way, and judges “fear” being transferred to preside
there.
There are many good litigators in Penang and members of the Bar and Bench alike
have high respect for them. Nevertheless, I feel that we should not fear to
appear opposite them as it can be a good learning experience for us young
lawyers. We can pick up many things from them, especially advocacy skills. Not
to mention that it keeps us on our toes and well-prepared, lest we should mess
up and embarrass ourselves in front of an obviously well-learned opponent.
Speaking about judges, there are frequently many complaints about the Judiciary.
Being a Judge is definitely not easy. Just recently there was the fiasco about a
certain judge being seen on holiday with a lawyer. It is as if your life is
constantly being put under a magnifying glass for the public eye. Having said
that, being appointed as a member of the Judiciary is a great honour, and with
great honour comes great responsibility. Judges owe a great deal of
responsibility to members of the public to hold themselves with integrity at all
times, not only in the course of their duty. This needs to be seen for them to
gain the trust and confidence of the people that they will be able to discharge
their duties fairly and responsibly in order to uphold peace and justice.
In a larger context, what are your thoughts on the country in general today?
“To know Malaysia is to love Malaysia”. I love my country and would not want to
live anywhere else. Countries far away are well and good when it comes to taking
that long-awaited vacation or well-deserved break but nothing is like coming
home to warm and familiar surroundings. My thoughts on Malaysia’s economy and
politics are simple. Economic growth ties in with political integrity. One
depends on the other. It is this symbiosis which has made Malaysia what it is
today, despite a few setbacks on the way. What I see for Malaysia’s future is
the hope that it will continue to grow and to be a melting pot of many races,
religions and cultures living together in harmony and prosperity.
The floods recently in the south have affected many people.
The local government should seriously consider steps needed to overcome the
situation and to prevent the floods from recurring in the future. I think most
of it has to do with combating pollution and maintaining a proactive attitude
towards the situation. Malaysians are famed for their “tidak apa” attitude and I
think that this is what needs to change before any effort taken to prevent
disasters like these will prove fruitful. Having said that, I commend all
government bodies, NGOs and other organisations which have put in their time,
energy, finances and other resources to come to the aid of the flood-stricken
people, especially those from the NYLC who have tirelessly contributed in all
ways possible to bring relief to those affected.
Since you brought us back to the NYLC, would you be interested in working within
the YLC framework either at state or national level?
Yes, I would be interested. I feel that there are many ways that young lawyers
can contribute to the Bar as a whole and I would like to think that I can give
my share as well. Also, I would like to meet fellow young lawyers from across
the country.
Since the repeal of s46A(1)(a), many young lawyers seem to be offering
themselves for State Bar Committees. How do you see this?
I see this as a good thing as many State Bar Committees need new and fresh faces
to helm their leadership. Young lawyers generally tend to be enthusiastic in
what they do and perhaps by sitting on their respective State Bar Committees,
they may bring forth a revolution of sorts, a change of perspective in the way
things are run. I am also of the view that we should support any young lawyer
who is sincere and wishes to run for a committee position as it shows that they
are willing to put themselves forward and sacrifice their energy and time for
the Bar.
Does this mean that in practical terms, the repeal has generated much needed
human capital and greater leadership roles within the Bar?
I feel that it has indeed. Senior lawyers have the experience but they may not
necessarily have the time to serve the Bar. Therefore with the coming in of the
young lawyers, the pool of resources has become bigger in the sense that the
selection of the committee is not restricted to only lawyers with 7 years or
more in practice. Of course, we may not be able to have an effective Bar with
only young lawyers sitting on the committee. We need to have a balance between
the young and the not-so-young. Young lawyers can be groomed to hold greater
leadership positions within the Bar and thereafter they can groom other young
lawyers. The cycle goes on and thus ensures greater leadership within the Bar.
There were a few young lawyers who offered themselves for seats at the recent
Penang State Bar AGM: Devkumar a/l Kumaraendran who is the current Penang
representative to the NYLC, and Stephen Tan Ban Cheng for State Bar
Representative.
Actually there were 4 young lawyers running for the first time including Rajdev
Singh and Nicholas Tan. Dev, Rajdev and Nicholas were successfully voted into
the Penang Bar Committee for 2007/2008. Unfortunately however Stephen Tan lost
out to Dato’ V. Sithambaram for State Bar Representative. I believe Dev, Rajdev
and Nicholas are great assets to the Penang Bar and hopefully they will be able
to bridge the gap between the senior and junior lawyers of the Penang Bar. I do
not know Stephen personally, but I believe it took a lot of courage for him to
run against a very senior and respected member of the Bar and for that he should
be commended. I would encourage him not to give up and continue to serve the Bar
in whatever way he can.
How did the AGM go?
It was an encouraging turnout with the hall full and the hotel staff having to
bring in more chairs. A motion proposed by Louis Edward Van Buerle was also
passed to cease enforcement of the no-discount rule and to suspend all action to
be taken under the SREC pending disposal of a High Court case, in short. Much
was debated regarding this motion, but the Penang Bar in almost its entirety
voted to pass it. It was quite an interesting discussion, not only for
conveyancing lawyers, but even for civil and criminal litigators alike.
What should the Penang Bar Committee do in the future?
Since there are now young lawyers sitting on the Penang State Bar Committee, I
would like the Bar Committee to organise events targeted at young lawyers such
as talks, conferences, social events, sports, outings etc to encourage them to
get involved in Bar activities. Of course, these events would not only be open
to young lawyers and chambering pupils, but to all members of the Bar. In this
way, it is hoped that there will be greater ties fostered within the Penang Bar
between the senior and junior members.
You do follow the Bar’s mouthpiece quite a bit, don’t you? What are your
suggestions for improvement, if any.
Yes, I log on to the Bar’s site at least every other day. I think MBW is doing a
fantastic job and he rightly deserves the tribute to him posted on the forum
board just recently. I am especially impressed with the efficiency of which the
latest news is posted on the website. Very often I read the news on the website
even before I have a chance to look at the day’s newspaper!
Do you think the site has achieved its aim of reaching more members quickly with
information?
To those members who are acutely aware of the website, I agree that yes, it has
helped with spreading information more quickly. However, there are still many
lawyers who are either unaware of the existence of the website or have no time
to log on. Nevertheless, the Bar Council and the MBW has been proactive to send
out emails regarding the latest circulars, news etc. which can also be obtained
from the website so overall, yes, I think the site has achieved its aim of
disseminating information expediently to its members.
To the layperson and NGOs, the Bar is usually seen as "elitist" and now after
the elections fiasco, "disgraceful". How should we repair this image? Have there
been any improvements in this area the past few years?
The first thing I believe should be done is to settle the election issue once
and for all and hopefully the courts will come to a swift decision on the
matter. Once this is done, the Bar will be able to show to the public that it is
able to solve problems expediently. Also, not to be seen as “elitist”, members
of the Bar should remember that we serve the public. Our clients range from top
politicians to the man on the street, and more often, it is the man on the
street that needs our help. We as lawyers should go to the level of grassroots,
especially so if we are junior in practice as it will keep our feet on the
ground and our heads out of the air. Which is why I strongly support and
encourage the legal aid programme. Even though it was a compulsory programme for
us as pupils, we should not forget that we can still contribute even when we are
practicing lawyers. If all members of the Bar choose to serve in this way, it is
hardly likely that we will be termed as “elitist”.
What are you reading at the moment?
I am currently re-reading “Anne of Green Gables” by L.M. Montgomery which
happens to be my favourite book of all time. It is such a funny, touching,
poignant tale which appeals to girls of all ages. I read it as a child, and I
still enjoy reading it today. In fact, I enjoyed it so much that I collected the
whole “Anne” series.
You like writing.
Yes I do like writing. Unfortunately I don’t really have the time to write much
nowadays. I like to report on events and happenings which is why I involved
myself in the editorial board during my schooldays. I used to have a blog but it
has been sadly neglected as I have no time to update it regularly. My blog is
www.angelinespage.blogspot.com. Do feel free to drop in, but like I said, it
hasn't been updated in ages! So don't be shocked by the lack of TLC tender,
loving, care for it. I actually started blogging through the influence of a very
good friend who's now in the States. I have also been encouraged by other good
friends who are bloggers themselves. But I think most of their blogs have also
slowly "died" when the hype of blogging dwindled. Recently, there has been a
suit against two bloggers by the NST. In my opinion, I disagree with the suit as
I am all for the freedom of speech and expression. Nevertheless, blogs are
public domains and thus are accessible to anyone and everyone. Therefore, I
would encourage bloggers to blog responsibly. Say what you believe in, but try
not to do so at your own expense.
Would you like to do something or be someone else?
I have not really thought deeply into this matter but of course there have been
times that I did wish that I could do or be someone else. After all, the grass
is always greener on the other side. But after the moment is over, I am always
happy to be me. After all, I believe that God created me for a purpose, and how
am I to fulfill that purpose if I were someone else? The key is to be contented
and happy with whom you are. However, this does not mean that I sit back, relax
and have no ambition to better myself. The difference is to strive to be a
better you, rather than to strive to be something or someone that you are not.
You said God created you - do you believe in God? There were recent discussions
to stop Darwinism from being taught in schools - do you think this is a step in
the right direction?
Yes, I believe in God as I am a Christian. To me, the belief
in God is essential to our human journey here on earth. After all, it is one of
the tenets of our Rukun Negara - "Kepercayaan kepada Tuhan". Everyone, be they
Muslims, Buddhists, Hindus, Christians, Jewish etc believe in a Being higher than us
mere humans. It is this belief which guides our principles, moral values and our
way of life. Darwinism on the other hand, has no real belief in God. This is the
theory which says that we come from monkeys, rather than being formed by the
Creator God. However, even though I do think that everyone should believe in
God, I do not condemn those who think otherwise. Everyone is entitled to their
own opinions and beliefs. To me, Darwinism is after all a theory. It is not a
fact, and there is no real harm in children learning about it from a scientific
point of view. The younger generation should be exposed and taught a variety of
subjects and then they will be able to make informed decisions about what they
wish to believe in. Other YL Personalities:
YL Personality:
Mishant a/l Thiruchelvam
YL Personality:
Shahrizal Bin Mohd Zin
YL
Personality: Rezalman B. Bahran
YL Personality:
Gavin Tang Cheng Loong
YL
Personality: Noreen Ahmad Ariff
YL
Personality: Nadia Ashikin binti Maduarin
YL
Personality: David Dinesh Mathew
YL
Personality: Nizam Bashir Bin Abdul Kariem Bashir
YL
Personality: Amer Hamzah Bin Arshad
YL
Personality: Ernie Suffiani Binti Salim
YL
Personality: Ahmad Syukri Bin Yusoff
YL
Personality: Dipendra Harshad Rai
YL
Personality: Soo Wee Loon
YL
Personality: Tracy Hah
YL
Personality: Aminuddin bin Abdullah
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Are you sure the book is called 'Anne of Green Gables'? I think it is called 'Anne of Avonlea' or perhaps we are reading different books. A young red hair orphan girl right? They made a movie out of it and it is called 'Anne of Green Gables'. Really touching especially the chapter on Matthew's death. Happy reading.