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YL Personality: Elaine Daly

Thursday, 28 June 2007 08:30am

Contributed by the National Young Lawyers Committee

“No need for privacy laws in Malaysia”

Elaine needs no introduction. Having just finished her pupillage and called to the Bar, she is ‘caught’ between continuing in the profession or returning to the entertainment industry. Over expensive coffee and ice-lemon tea on a lazy Sunday afternoon, the former Miss Malaysia met Richard Wee to speak about her experiences during pupillage.

What awed you most during your pupillage?

Legal aid - it is a good idea that the Bar implements compulsory 14 hours for pupils to take part in legal aid activities. It fits well with me as I am always up for challenges, and I feel legal aid was a novel challenge for me. The prisons programme grabbed me, as I enjoyed working with the legal aid system to assist some of the prisoners.

I had a case where I had to visit the Court interpreter many times to set a date for a matter where the person charged was in prison for a long time. It felt good that I could make a difference in my own way. I will definitely take up at least a case or two once I am called to the Bar. I understand that there are Bar resolutions urging lawyers to take up legal aid matters. The Bar Council must enforce those resolutions. It is important lawyers help the community as the essence of being a lawyer is not just about making money.

How would you suggest we improve the legal aid programme among lawyers?

I think lawyers should allocate 2 to 3 hours a week to carry out legal aid work. There’s nothing compared to making a difference in people’s lives. Even at the firm I was chambering in, they did some pro bono work for the Orang Asli. Maybe I am going a little too far, but perhaps Bar Council can seek to amend the LPA that before lawyers renew their Practising Certificates, a minimum number of legal aid hours must be clocked in.

Is the pupillage programme conducted by the Bar Council and State Bar overpowering? Should the system be replaced or maybe be tweaked?

Not really. The Bar is doing what it can for the pupils. Our welfare is looked into and the Ethics lectures are helpful. There is definitely not a need for major changes.

I understand that you are keen on media, arts and entertainment law. That is not surprising in view of your background in that industry. What is the state of the law in the industry?

In deals with the ‘so-called’ big players, like the broadcasters and publications, the practice governing this area is fairly sound. It is, however, still a relatively young industry in Malaysia. But in cases dealing with models and entertainers, the law particularly the contracts that these groups are asked to sign are very often lopsided and unfair. These groups have weak bargaining power and because the industry is small, when, say a model is offered a contract; that model will just have to grab the work which comes along before someone else grabs it. You would feel a certain extent of exploitation. The contracts are very biased.

What would you propose to be done to address this inequality?

Perhaps a trade union be formed specifically to protect people in the media, arts and entertainment industry. The profession should be legalised by enacting specific laws for this industry. At the moment, there are some laws pertaining to multimedia, indecent advertisement rules, etc but no specific laws protecting entertainers, artists and models per se.

Are privacy laws necessary in Malaysia?

There is not much need for privacy laws in Malaysia. As an artiste, I am not too affected though there are the occasional unnecessary intrusions into my life. But one can’t be recluse, and at the same time be a celebrity. Having said that, I am glad we don’t have a paparazzi culture in Malaysia.

Did your ‘celebrity status’ get in you way during your pupillage?

You would feel a certain degree of apprehension on whether you can handle the legal profession. I feel proud that I completed this challenge. Since people do know who I am, so it was easier to work, and managing people was not too difficult - an experience I gained from my earlier work. I also do learn about public relations with clients, etiquette and social graces in the legal profession.

Recently, Raja Nazrin gave a resounding speech in the National Young Lawyers Round Table Discussion on National Unity, a joint effort with the Centre for Public Policy Studies. What was your reaction when you first read about it?

I felt a sense of belonging. I am very proud to be Malaysian. I’ve represented the country as Miss Malaysia and when I do travel overseas, I look forward to returning home. We have to take ownership of what we believe in. I feel very secure in my country.

What are your future plans?

Being a step closer to being a lawyer is a great feeling, to be part of such a respected profession. The arts though is in my blood and I am not going to shy away from it just yet. Where the legal profession is concerned, only time will tell when I will embark on that great journey.