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Contributed by the National Young Lawyers Committee

Continuing the series of interviews with the junior Bar, Dipendra Harshad Rai shared some of his thoughts with the NYLC recently. Called to the Malaysian Bar in 2000, he obtained his LLB from the University of London and then his LLM from the London School of Economics and Political Science. Dipendra’s area of practice is primarily litigation.

Why did you decide to be a lawyer?

Two reasons really: me being anti-establishment in the days of my youth and my introduction to Perry Mason!

Has legal practice changed your character and thinking in any way?

I believe so. Legal practice has, over the course of 6 years, allowed me to be exposed to almost all disciplines. Where can you find any other profession dealing with accounting, banking, engineering, medical and various other disciplines at the same time?

Law is all about finding solutions. It makes you creative and enables you to think out of the box. Practising law has also made me extremely responsible and aware of my surroundings especially in what I say and do.

Do you have any regrets being a lawyer?

Never! I have always subscribed to the belief that regret is a waste of spirit. The day I wake up being unhappy at practising law, I will quit legal practice and consider an alternative career option.

How different is your attitude towards life and career now compared to the time when you first started practice?

It is difficult to give you a definitive view on this as I have only been in practice for a mere 6 years. Being in practice is all about responsibility. How you conduct your files and matters is reflective of who you really are, how you view life and by extension your career.

However, I can say this though: the only consistent thing I have encountered since I started practice is the treatment of outstation lawyers when you go there. I try to make it a point to appear before outstation judges once bi-monthly. It is good for the soul and something that must never be lost.

There has been much discussion about the 1988 judicial crisis. What is your view of the episode?

I think the 1988 judicial crisis was a setback in the development of the Judiciary. It was, for all intents and purposes, the means to justify a political end.

Be that as it may, there was ample opportunity to move ahead and repair the damage caused but sadly, this never received any more attention other than mere lip-service. I do feel at times, that there should be some closure to this episode and everyone should move forward for the betterment of the legal profession and country.

Do you think it has affected the Judiciary we have today?

I cannot say that it has, as my practice is some 12 years later. However, reading some of the law reports post-1988 has made me realise that there is a degree of “cautiousness” in dealing with legal issues.

Is there a gap between the junior and senior Bar?

Unfortunately, yes. I have spoken to some senior members of the Bar who feel that junior members are often in a hurry and without any real purpose or accountability for their actions. This, perhaps, may have given the impression that junior members lack the maturity to deal with the issues surrounding the Bar.

Due to this impression, which is quite unfortunate, the junior Bar is at times treated with less respect than it deserves.

Do you foresee any changes in the Bar with the proposed repeal of section 46A(1)(a) Legal Profession Act?

Yes, there are good and bad aspects to this. On a positive note, it should wake up and energise younger lawyers who can now be rest assured that they are no longer disenfranchised by the law. On a slightly less positive note, it may lead to callow political unrealism.

Has section 46A(1)(a) in any way been a hindrance to the junior Bar?

Not really. The junior Bar has been active notwithstanding the “limitations” imposed. It is what you make of it. You can choose to sit back and blame all and sundry for the alleged hindrance or you could work around it and contribute positively.

What are the new challenges facing the junior Bar today?

To me the biggest challenge facing the junior Bar is to whether to consider the legal profession a “profession” or a “business”. Both promote different set of ideals and the NYLC in particular must take an active role in ensuring well founded ideals of the profession is not sacrificed at the alter of money.

Would you welcome the admission of foreign lawyers into our profession?

I would. Foreign lawyers will add to the dimension of legal practice in this country.

It is understandable when members of the Bar feel their practice will be affected as we now face an unknown quantity of foreign lawyers. But I think those most affected by the presence of foreign lawyers would be the larger firms.

Would you consider working overseas in the near future?

I would, if it means I have an opportunity to gain more experience and a deeper understanding of practicing law.

Working abroad will certainly allow me to look at practice differently. The ability to find legal solutions can only be enhanced if I am exposed to various different situations. It will expand my legal prowess and hopefully make me a better lawyer and person.

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