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Like most law students, I was impatient to graduate from law school. As I stood at the threshold of entering the legal profession, I committed myself to striving for justice through the instrument of law. The magic of law was in my veins and the poison of pessimism has yet to seep into my soul. I was raring to go and conquer the world.

However, navigating through the first few years of legal practice proved to be a real challenge. I realised that legal practice is a completely different world from the relatively safe and simple academic environment of law school.

Slowly but surely, my law school ideals were buried underneath the never-ending stream of work and personal responsibilities.

Many times, I could not see beyond the immediacy of churning out written submissions and paying the monthly bills. If not for some serious reflection on where my life is heading, I would be slavishly completing my daily tasks without a clear idea and purpose of my work as a lawyer. In this short article, I wish to share some of the lessons I gleaned from being a young lawyer in Malaysia. In a few instances, I may be stating the very obvious. In this regard, I am reminded of the words of the Finnish philosopher Ludwig Wittgenstein, “The aspects of things that are most important to us are hidden because of their simplicity and familiarity”.

The ideas presented here are simple and are not anywhere as complicated as rocket science. The key is to execute the ideas in a manner that will maximize our professional strengths and our contribution to the Bar and society in general.

1. See the law as an instrument to serve people

While in law school, some of us had dreamt of making a five-figure salary and driving a sports car the moment we enter the legal profession. We see the practice of law as a ticket to fame and fortune.

However, if you had started your legal career in Malaysia, it does not take long to burst your bubble of dreams. With the meagre starting salaries of most young lawyers in Malaysia, we have to settle for a much simpler existence.

I have realised that to gain satisfaction from the practice of law, we cannot perceive the law as a tool to serve ourselves. The instrument of law holds an immensely sacred power to bring justice and order to human society. For us to perceive the law as mere revenue generating machinery is a sacrilegious act.

We need to place it at the forefront of our minds that law and lawyers exist to serve people. We are making a significant difference in the lives of people on a daily basis. Whether we are defending fundamental liberties in public interest litigation or drafting a commercial contract, we are providing an essential service to our communities.

Many of us think that our contribution to society is limited to only pro bono work and voluntary involvement in Bar activities. Nothing can be further from the truth. We are making a difference in people’s lives even through our daily paid work as lawyers.

For example, when we are drafting a sale and purchase agreement, we are serving the purchasers in a significant transaction. i.e. tidying up the legal aspects of procuring a home. Even if is the transaction involves a simple low cost house, it represents a huge financial investment on the part of the purchaser. We also have to remember that a home is more than a physical shelter. It is a place for self-expression and the raising of a family. For many people, a home is a treasure chest of many precious memories of love and laughter.

When we realise the connection between our legal work and the difference that it makes in people’s lives, the practice of law will be much more satisfying.

2. Develop superior problem solving skills

It is the lawyers’ portion in life to deal with endless problems and conflicts on a daily basis. Controversies form the staple of our professional diet. Thus, it is surprising that most law schools do not teach formal courses on problem solving although it is an essential skill for practice.

In the real world of legal practice, clients often present their problems very differently from the format of case studies as found in law textbooks. Our clients’ version of what transpired is often clouded by personal bias. When a particular problem is exacerbated by deep conflicts, emotions often get in the way of a whole and independent account of a particular event.

As such, it is important for young lawyers to sieve through the myriad of facts presented by the clients and to identify their real interests together with the underlying tensions surrounding a particular case.

Young lawyers would also need to understand the non-legal aspects of their clients’ problems and provide effective solutions, which may not necessarily depend on a litigated outcome. Like a competent and caring doctor, lawyers must give a correct diagnosis of problems, give a workable solution and most importantly, explain the whole situation with all its corresponding legal risks in a comprehensible manner to the clients.

Clients should walk out from the lawyers’ office feeling better and not worse, with a calmer mind and a better understanding of the circumstances that they are going through.

3. Know your audience

In the annals of the Malacca Bar, a story is told of a senior practitioner who was ordered by the Court to submit in Bahasa Malaysia despite his protestations that he cannot speak in that language. Left with no choice, he began to speak in a gibberish manner and was judicially reminded to speak in a comprehensible way. His reply was,

”I was only asked to speak in Bahasa Malaysia. There was no request that what I said must be understood by the Bench!”

Tragically, many young lawyers speak and write without giving much thought to the need that their speeches and writings must factor in the audience’s understanding. Our legal advice and solutions must always be given within the context of practical commercial or personal realities.

For example, when clients request for a written legal opinion, they are not asking for a law review on all the latest Commonwealth decisions on a particular subject. Neither are they interested in the nuances and different shades of meaning of a particular legal terminology. They would much prefer a concise opinion on the subject that will help them to make an informed decision.

Clarity and brevity must be the hallmarks of our communication. Litigation lawyers who have to make oral or written submissions must always do so bearing in mind that judges are human too.

Most judges have multiple cases to hear a day. They are tired, distracted and harried (thanks largely to lawyers). So, you have to put your points across in the most persuasive, cogent and logical manner if you want to get their attention. Also, some care must be given to packaging your arguments in an attractive manner.

Young lawyers must also pay careful attention to crafting their writing according to the rules of the language. A letter that is replete with grammatical and spelling errors does not speak well of the author. Remember, you are often judged by how you speak and write. So, take careful note of your daily communication.

*The writer is the Deputy Chair of the National Young Lawyers’ Committee and Chair of the Malacca Young Lawyers Committee.

Part II will be published on Thursday.

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