Contributed by the National Young Lawyers
Committee
Albert Ding is currently practising in Johor Bahru, having
being called to the Bar in November 2005. He is the Deputy Chair of the Johor
YLC and represents it on the NYLC. Donovan Cheah spoke to him.
Who influenced you to become a lawyer?
My parents are a major influence. They have always been very encouraging and
supportive throughout my life and education. Had it not been for them, I think I
would most likely have a business degree.
Tell us one of your most memorable experiences in practice.
My most memorable experience would have to be conducting my first full trial on
my own in my first year of practice.
This experience is one marked deeply in my
memory as I had to prepare all the examination-in-chief questions and
statements, and cross-examination on my own. It was exhausting both mentally and
physically especially with all the tension in the courtroom. Perhaps my
experience was just a small fraction of advocacy work but it is that which
attracts me to practice now, and for the future. I still need more time to
explore different areas of the law.
It is not uncommon to see lawyers today being portrayed as dishonest or
crooked in the media; from books to television programs and movies. Isn’t this
negative stereotyping?
There are two sides to every coin. This type of stereotyping will never end as
there will always be ‘black sheep’ in every profession. The only reason I can
think of why lawyers have always been the subject of negative stereotyping by
the media is because we are interesting ‘subjects’. We attract the attention of
readers and viewers. Unfortunately, being lawyers, we will have to live with the
stereotyping. But as long as we act with dignity, honesty and trustworthiness, I
believe our actions will earn the trust of the public, and we will prevail in
the end.
In a recent report regarding numerous incidents of breaches of trust being
committed by lawyers, the Malaysian Muslim Lawyers' Association president, Datin
Paduka Zaitoon Othman commented that the Government should tighten rules to
ensure that fresh graduates are not allowed to open their own firms without an
experienced partner.
This perception about young lawyers should be corrected unless there is real and
hard evidence, and proof in facts and figures that a high number of CBT cases
are actually committed by young lawyers; and that they have been found guilty of
it. The mere assertion, if any, of CBT cases by junior lawyers cannot mean that
one is guilty as charged. One is presumed to be innocent unless proven guilty.
The benefit of the doubt must be afforded.
The Conveyancing Practice Committee is proposing to tighten rules regarding
the management of client's accounts
Depending on the nature of the recommendations, there are pros and cons to this.
The client's interests may be better protected but this may be at the expense of
legal firms. However, I would view the intentions of review to be good, but it
must not be done in a way that would overburden the legal firm managing the
client's accounts.
With the recent pay hike for government servants, has there been a change in
the quality of services provided?
From what I have encountered so far, I would say nothing much has changed. The
friendly staff are still friendly, but there are those who are not so friendly
who are still the same. Pay increases have not much to do with the services
provided by government staff. I believe that pay increases for government
servants will only attract more people to join the government sector, and this
does not guarantee good service. Good service can only be maintained by the
implementation of standards or models by the government itself.
Why did you join the YLC?
I was prompted by the opportunity to participate with other young lawyers in
both state and national levels to express our views concerning various social
issues and the Bar; and in organising various events to help promote and protect
the interest of young lawyers.
This is your first year serving in the YLC. How has it been so far? What are
the steps that can be taken to encourage more young lawyers to join and be
involved in the NYLC?
I do not think it is difficult to get young lawyers to join the YLC or NYLC.
Having said that, I personally feel that the intricate part would be in getting
young lawyers to be more actively involved within the said committees. In my
opinion, one of the steps would be to encourage new members with opportunities
for greater participation by getting involved in the various events organised by
the committees, and if necessary with the proper guidance.
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