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IT IS AXIOMATIC that most people do not like to ask for alms aid assistance or help until they have exhausted all personal family and other available avenues from their kith and kin. Only as a last resort will they or people sympathetic to their cause knock on the doors of a welfare institution or a trust or a body for the much needed assistance. It will not be out-of-place to say that one goes for such assistance with as much enthusiasm as a coy groom in a shot-gun wedding.

The Bar as a general body is obliged and gratified that some vintage wonders of the Bar had thought it fit to give life to LawCare. This is in line with the wishes of the Legal Profession. Indeed it was envisaged and encapsulated in S.42(K) of the Legal Profession Act 1976.

Charity like its sister mercy must be practised by all and with much enthusiasm simplicity and fervour. There ought to be no shackles obstacles prejudices and the provider of assistance ought not appear to be profoundly powerful or overpowering.

Our Legal Profession Act is said to be partly adopted from the Legal Profession Act of Singapore (Cap 217). In 1999 The Law Society of Singapore set up the Law Society Welfare Fund. The Law Society of Singapore are the trustees of the fund. It stipulated that Grants from the Fund shall be awarded by the Council of the Law Society in accordance with those Rules to members, former members as well as their spouses, widows, children and other dependants who are in need of financial assistance for one or more of the following reasons:

i. Lack of income due to illness or incapacity.

ii. To defray medical expenses of the member, former member or their spouse, widow, children or other dependants.

iii. Towards the education of the children of members or former members.

iv. Such other reason as Council of the Law Society may approve.

The late Mr R.Palakrishnan

The Singapore Straits Times of Monday September 23rd 2002 said that only 4 lawyers have tapped into the Law Society’s Welfare Fund since it was set up in 1999 as most lawyers in trouble fear a loss of face. The late Mr R Palakrishnan the then President of the Law Society of Singapore said :

“Those who need help may think: “How do I tell the Law Society I’m poor? I’m a lawyer. Lawyers are supposed to be rich.” But unless lawyers in financial difficulty come to us, we won’t know who they are and won’t be able to help them.”

Members of the Bar and their families may be reticent to apply for relief to their several necessities because of loss of face and because of the avalanche of forms to be completed details to be supplied and salutations to be offered.

Bob Hope said thus of Banks and loans:

“A Bank is a place that will lend you money if you can prove that you don’t need it”

And Mark Twain is reported to have said :

“A Banker is a fellow who lends you his umbrella when the sun is shining, but wants it back the minute it begins to rain.”

The Bar is compelled to promote and safeguard the interests of its members. It is also to provide amenities for and generally promote the welfare of its members and their families. The Bar Council is also empowered on behalf of the Malaysian Bar to accept by way of grant gift testamentary disposition or otherwise property or moneys in and of the finances or purposes of the Malaysian Bar or such conditions as the Bar Council may determine (S.60 LPA).

Now Section 42(K) of the LPA reads :

“to afford pecuniary and other assistance to members or former members of the Malaysian Bar and to the wives, widows, children and other dependants, whether of members, former members of deceased members who are in need of any such assistance.”

The Bar Council has started collecting (levying) RM100.00 per member per year for the LawCare fund. This will work out to be approximately RM1.25 million per year. Plenty to give. And of course it with be replenished by levies investment endowments and the like.

When a member of the Johore Bar aged 42 with a non-working wife and 3 infant school going children fell into bad times and was faced with a severe medical condition requiring constant dialysis treatment and transplant an appeal was lodged on his behalf. The application form for aid from LawCare was said to be quite formidable. Quite right. It is trust money and monies might be given out only in deserving cases. But in the case in question everything was laid bare and it took 3 months before the release of RM10,000.00. The transplant is estimated to be in the region of RM100,000.00. The gift or grant to the impecunious member is a mere 10% of the costs of transplant and treatment. In the event LawCare picks up the whole tab which will be about 8% of the 2005 collection a whole family would have seen the light of day.

The delay in disbursing the grant/aid seemed rather unkind. The Johore Bar pressed for early release and finally the sum of RM10,000.00 was released. It is obvious that the Bar is not going to go public with monies in the LawCare so let us be magnanimous and efficient in disbursing aid and assistance. Is the amount fair? We remember with gratitude  and thank Kuna and Mohan of the Johore Bar who on their own free accord collected above RM5,000.00 from a handful of members over lunch for the ailing member. And LawCare that collected RM1.25 million from members last year gives RM10,000.00 (0.8%). And it is less than 10% of the estimated costs of transplant and treatment. Members of the Johore Bar are mindful of the fact that the Johore Bar raised RM76,000.00 by organizing a golf tournament and a charity dinner on 9/10/2005 and the monies were transmitted to LawCare Fund.

LawCare should and must be careful in the disbursements of its funds. They are trust funds. Yes of course but LawCare should not be like a Bank or be minded to be like one as described by Bob Hope and Mark Twain. The very purpose of LawCare is to engage itself in charity and Welfare. Its purpose is not to dish out loans or advances that need to be repaid. It is charity. It is given. It is a grant. And that’s it.

These are written not as a frolic nor as an indictment. All these are written so that those affected and afflicted by financial setbacks sickness and sorrow might have a better morrow. As someone smart once said lets try and add life to years even if we cannot add years to life. Let us be mindful of the needs of the others.

Let us be magnanimous in our giving and our assistance without detriment to ourselves or our connections. But let us not lumber and place obstacles delays and blocks and make the stricken person look even more humbled. Let us not demean ourselves and our giving. Knocks on the doors of LawCare by the needy must be accorded immediate response respect and a speedy relief to their several necessities. LawCare must care.

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