The Malaysian Bar - Tête-à-tête with Teh Yoke Hooi

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Tête-à-tête with Teh Yoke Hooi

Monday, 08 October 2007 08:15am

Teh Yoke Hooi Contributed by the National Young Lawyers Committee

“Urgent need to restore public confidence in the Judiciary”

After qualifying from the National University of Singapore, Yoke Hooi was admitted to the Bar on 25 July 1987. She is a partner of a medium-sized firm and her areas of practice include litigation, corporate and non-SPA conveyancing. Teo Nie Ching hounded this charming senior at the Bar to share her views on pressing matters of the day.

Compare the judicial system at the time when you first joined the Bar and today. What are the changes you have noticed?

When I first joined the Bar, my impression then was that it was a purely professional body where we were occupied only with the practice of law, and spoke up only in cases where public interest necessitated it. There were no politics involved then and the rule of law ruled supreme. The judicial system then was free from legislative pressure. I think that there was a healthy respect for judicial independence then.

Why do you think a change occurred?

I think that the rot set in when politics was insidiously introduced into our judicial system. I believe legislative pressure made history of judicial independence.

You are referring to the ’88 crisis? As a junior lawyer then, how did you feel when it happened?

Appalled and shocked at the onslaught of the Judiciary, and worried for the future of our country. At the same time, I was also awed that I had become part of something so big and so impending in the history of our nation. Most of all, I felt very proud that I was among a fraternity of people who stood up against the powers that be which brought on the onslaught .

What did you and these brave people do then?

I don’t know if we can be branded as ‘brave’, but we tried to make a statement and register our protests at the onslaught. I recall that we wore white armbands on our jackets to symbolically mourn the death of the independence of our Judiciary, not just in court but everywhere we went. We had laypeople asking lawyers why so many of us were walking around with these whitearm bands! We also wore buttons with slogans such as ‘Justice for Judges’, and we passed a vote of ‘No Confidence’ against the then Chief Justice. There were even discussions of boycotting court appearances before him, but that would tantamount to denying parties legal representation in court so that was not carried through. However I believe there were some senior lawyers who made it a point not to appear before him. We also signed petitions and while many of us joked amongst ourselves and promised to visit each other in jail or bail each other out if we were arrested for contempt, there were some very anxious and tense moments. I think many of us, especially the younger practitioners, learned in a very short time and in a very real way the true meaning of the separation of powers, the independence of the Judiciary, the rule of law, and what it meant to lose it.

Almost 20 years have passed since then. Would you say you have more faith in our judicial system today?

I think a distinction must be drawn between ‘the judicial system’ and ‘the administration of justice’. I’ve always believed in our judicial system and have faith in it, but any system is only as good as the individuals who administer it. I think that the administration of justice has, in some instances, been tainted by certain events and perhaps even by certain individuals, but it would be unfair to tar the whole judicial system and the Judiciary with the same brush. Personally, I have on many occasions experienced real-life justice meted conscientiously, faithfully, correctly and properly in hearings that I have conducted. Sadly, I have also suffered the bitter experience of seeing justice thrown in the wind. Whether it was, what I’ll like to call ‘extra-legal’ interference or just a bad decision, I cannot say. I would like to think it was the latter than the former because bad decisions are part of the administration of justice hence the avenue of appeals. Interference however, can never, ever be a part of any judicial system or its administration. This is the very issue which the country has to grapple with now where allegations of ‘fixing’ are concerned. The ability to deal with this issue honestly would do much to restore public confidence and especially, our image in the eyes of the international community.

You mention restoration of public confidence. What about the recent proposal raised by certain quarters about replacing English common law with Syariah law? In other words, to develop a Malaysian common law?

Of course not! Our Constitution promises us secularity and freedom of religion. Replacing common law with a law based on religion would be to deny and negate that very secularity and freedom. It would mean taking many steps backwards in the evolution of law and our development. I have no doubt that many Malaysian individuals know that; but that does not stop interested parties like politicians from saying what is popular at the material time to sway public sentiment, to throw red herrings to draw attention away from more scandalous revelations, or to simply draw attention to themselves. We have to work that much harder to educate those who do not yet know nor understand the Constitution, and what this august document promises each and every Malaysian.

In an unprecedented move, Tan Sri Zaki Azmi was elevated from the Bar as a Federal Court judge. Do you think this is positive for the future?

I think public perception views his appointment and his past political connections with concern particularly so when we are still trying to claw our way out of the ’88 crisis. But then again I believe that one should not be immediately relegated as unsuitable simply because of one’s past or background if one is truly capable of not just doing the job, but doing it extremely well. Tan Sri Zaki should simply work that much harder, and be that much more scrupulous to ensure that his past and background does not hold him back from doing the job he has to do.

Tan Sri Zaki was not the only one recently appointed. Two senior members of the Bar were reportedly appointed to the Fiji Court of Appeal.

I think it is a great honour to these two men and to our Bar especially where they are prominent members of the fraternity. However, the current regime in Fiji is worrying. At the same time however, I am minded to note that if no great men are available to help steer the nation, who can the ordinary man in the street in Fiji look to for justice?

On a personal note – you took two years off after being in practice for a few years. What prompted you to quit practice during that time?

Actually I took just over a year off. I did so because I became increasingly frustrated at the imbalance in my life. I spent more time worrying and solving my clients’ problems than my own and at that time, my daughter was just 4 years and my son, 2 months old. I also didn’t have the most reliable of childcare support then, and it came to a point where I felt I was becoming professionally and personally compromised. I just had to stop and take stock of my life.

What made you come back to practise then?

The need to be prepared. Life has no guarantees and I didn’t want to find myself a single parent with no continued income if some calamity should befall my husband. I kept thinking of how I’ll manage if I needed to get a job when I’m in my 40’s and out of the job market for 10 years! I wanted more than that for myself and my children. Also, I think that working parents are good for children – I think that it teaches them values in life, that there’s no such thing as a free lunch, that honest hard work will have its rewards, that professional, personal satisfaction and achievement is as crucial as having food on the table.

As a female lawyer, I am glad that you have decided to come back because I notice that though we have many female law students, only a handful take up litigation practice. As a senior female litigation lawyer, why do you think this happens?

Well, litigation is highly stressful and demanding – we have to deal with clients, with opposing counsel and we have to be alert and on top of things all the time because we have to constantly strategise – there is no one strategy to be employed throughout a case because the facts and circumstances of each case is dynamic. Often, your time is also not your own because litigation lawyers have to accommodate hearing dates given by the courts. All that coupled with raising a family tends to take its toll on one physically and emotionally. I know of a colleague in active practice who tried for months to get pregnant and couldn’t but when she left practice, she got pregnant within the month!

In spite of all the factors mentioned above, you still have great passion in your career. How do you keep this going for so many years?

To me, every day is literally, a new day. Practice gives us a diverse exposure to professional opportunities, and I learn something new every day. Every problem is a new one, every situation, every experience. Practice has taught me how other professions function, how business is done, given me the opportunity to learn things beyond practice per se, allowed me opportunities to participate in policy decisions, and allowed me to see perspectives beyond my little office. It has taught me and continues to teach me about people, their lives, their motivations and about myself. It has taught me to see the trees, and the forests, and to ignore neither.

You’re an active partner in your firm and recently, you’ve been appointed to sit on the Disciplinary Board (DB). How do you cope with office work, Bar work and your family?

It’s a challenge, I tell you! I know how unoriginal this sounds but truly, it is all about time management and my determination to make time for all that is important in my life. This determination allows me to find time which otherwise I may not have. Also, I’m very fortunate to have colleagues in my office who encourage and allow me the time I need to devote myself to the Disciplinary Board and other Bar activities when necessary. Weekends are strictly for family and friends, and this is fairly practised religiously by all at home.

You also went down to Johor for the Orang Asli flood aid last year. What prompted you to help?

Old age! But seriously, it was simply the recognition of how blessed I am. But for the grace of God, I or any of my loved ones could have been one of the victims. That thought was humbling and I felt compelled to do something which was really very little compared to the enormity of the disaster.

The issue of complaints against lawyers is an issue commonly debated. Do you know if most of the complaints lodged are against junior or senior lawyers?

I’m afraid I can’t really say as I do not have the statistics but of the cases that I have participated in I think a little more were senior lawyers. I however do not think that this is in any way indicative that senior lawyers are more prone to misconduct. I think it is more a case of senior lawyers being placed in more stressful situations or in complicated and ethically-confusing situations by their very seniority.

Do you think the problem lies with the lawyers being unethical or the public being too demanding?

I think that both reasons contribute to the problems which arise but it is by no means the only reasons why things go wrong. Sometimes things go wrong through negligence, ignorance or simply through sheer thoughtlessness or all of it either by the lawyer himself/herself or a staff of the office or a combination of both. So I don’t think we can pinpoint any one particular reason for the number of complaints that the DB receives.

What would you propose that the Bar Council do in order to reduce the number of complaints filed against lawyers?

Continued education. Not in just what you can and cannot do or what you should or should not do in any given situation or how the changing world dictates how we should practice law today or how we should manage our office, but also the consequences that would arise from one’s misconduct. In cases such as ignorance, thoughtlessness or even negligence, knowing the pitfalls may alert lawyers to potential problems and how to avoid them. In cases where there exists some criminal intent spawned by desperation or even just plain greed, a constant reminder of the dire consequences and the loss of reputation, respect and livelihood may hopefully deter one from committing it.

What would you like to share with other lawyers especially the young lawyers from your vast experience?

From experience, I’ll say that it is important for a lawyer to constantly be aware and vigilant about his/her role and to always be scrupulous in his dealings with all parties no matter what the circumstances. One’s client may be one’s best friend but even best friends may become enemies one day, thus the responsibility is a grave one. But law practiced well is an exceedingly rewarding career. I wish that every young lawyer out there will find that satisfaction.

On a parting note - do you have any regrets that are directly or indirectly related to legal practice?

On a professional level, I regret that our profession is not more revered. There is no doubt in my mind that we serve a very important role in society, in our economy and in nation building. But we are sadly not very often recognised as such. I mean, you are more likely to hear snide remarks about dishonest or unscrupulous lawyers than have someone extol the virtues of a lawyer at a dinner party, don’t you? At a personal level however, I can’t think of any. I love practice. If I had my life to live all over again and be given a choice of any other career, I would still choose to be a lawyer and to be in practice.