Contributed by National Young Lawyers Committee
“The arts and lawyers in courts are no different”
Gavin Tang lives in the “sleepy” town of Ipoh, and his childhood friend,
Kenny Lai, sat him down for an interview over a cup of coffee. Gavin
graduated from the University of Warwick, United Kingdom in 1999, completed his
CLP in 2000 and was called to the Bar the following year.
I understand that you are a UK graduate. Why did you decide to return to
Malaysia to do your CLP instead of pursuing the Bar in the UK?
The financial crisis of 1997 played its part. Due to the prevailing strength of
the pound sterling, I felt that it would be less of a burden on my parents if I
did the CLP instead of the Bar Vocational Course in England.
The CLP has been heavily criticised.
CLP? Encapsulated all that was bad with our education system in Malaysia whereby
the student is not given an opportunity to apply what was learnt and instead is
encouraged to blindly memorise facts, case names (which I remember was a
particular problem due to the nature of Asian names – I mean – Hedley Byrne v
Heller is so much easier to remember than say Kondapuram Raghuram a/l
Rajadan v Teoh Jeok Soon @ Teo Jok Soon, wouldn’t you say?) A greater
emphasis on the practical aspects of the law would have served as better
preparation for practice.
Now that you are in practice, do you think lawyers here have a proper
work/life balance?
That I believe varies from individual to individual dependent on each
individual's needs and the prioritisation of such needs. Some people love their
work whilst others may hardly be enamoured much less like what they are doing,
therefore a universal definition of a balanced life would be rather elusive.
The Bar has taken a beating in recent months. I heard we made national
news on some TV stations for a few days running.
Disillusioned would be the first thing that comes to mind. Upon graduation, I
believed most law graduates are typically idealistic and adopt a simplistic
black and white formula for right and wrong. After 5 years in practice, nothing
surprises me anymore but it was truly painful to witness the fracturing of the
Bar due to the machinations of certain parties intent on pushing their own
agenda and interests instead of ensuring that any decisions were for the general
good of the Bar.
You are known to be quite a lover of the arts.
Heated debates, mimicry, monologues, soliloquy, lawyers dancing to the Judges
merry tune, and witnesses and lawyers “wayang kulit”. Welcome to the human
theatre that litigators know as the courts.
Has your training in the art of lawyering helped your pursuit of the arts?
It has probably been the other way around. Having performed on stage countless
times since my teenage years has definitely helped me control my nerves when I
appear before notoriously short tempered judges. The oft–used stage trick of
picturing the audience in their undergarments has also proven useful on
occasions!
Moving on to less serious issues, the NYLC has recently decided to aid pupils in
chambers and younger lawyers by recommending a standardised handbook for
pupillage as well as a revamp of the ethics lecture.
A great idea. Speaking from experience, the process of chambering was one big
chaotic mess and I remember wishing that as a pupil I had a guide on what the
chambering process was about. This would also help the Masters streamline
effectively what the pupil needs to learn and also as a checklist to follow up
on the status of him or her.
Has this “chaotic mess” you experienced seen a lower standard of lawyers
being produced these days as compared to previously?
Coming from Ipoh, we have seen a steady decline in chambering students as there
is barely a trickle of new lawyers nowadays. I don’t think I am in a position to
comment on their standards but from my observations the newer batches of pupils
are unfortunately conspicuous by their inconspicuousness, if that’s not too
confusing. I don’t even know who they are as they never introduce themselves as
I had to do when I was chambering nor do they actively participate in Bar
activities.
Being an advocate and solicitor outside of KL, do you see yourself as
disadvantaged in anyway?
Never. But then my ego requires me to say so (laughs). Though, there is more
room for specialisation in KL due to the nature of the work and volume, I
believe lawyers in Perak have a wider view of practice from conveyancing,
banking, IP, litigation and corporate. You could say we are a jack of all trades
but master of none, but I prefer the term “rounded”.
What made you choose to practise law in Ipoh instead of KL like most young
lawyers nowadays?
Honestly, I was set on practising in KL but my father cunningly convinced me to
read in the chambers of his friend who is a very senior lawyer in Ipoh, with the
promise that I could go to KL after my chambering. However, upon completion, a
situation arose whereby I needed to stay. To be fair to my father, he later
agreed to release me to the bright lights of KL if I wanted to go, but by then I
had already sunk my roots in Ipoh and that move to KL became less and less
attractive to me.
Is there any truth in the rumour that KL lawyers are "better" than
outstation lawyers?
Better is subjective don’t you think? We are all given the tools by which we ply
our profession, it’s only in the application of it that we are different. So,
no, I don’t think just because you are a KL lawyer makes you better per se than
outstation lawyers, although the way KL lawyers lord it up in Ipoh when they are
down seems to suggest they are. I reckon they just have a bigger budget to spend
on clothes.
What are any advantages of working in small town, if any?
Ipoh is a wonderful place albeit a little boring for young party loving
animals. It’s got great food everywhere, no traffic jams, cost of living is low,
quality of life is fantastic for those who appreciate things like having time to
pursue your hobbies and interests, play football after work as it only takes 10
minutes to get home and take yourself down to the park, white coffee with
friends at night, close legal fraternity and helpful Court staff. I love it in
Ipoh and if I ever have the urge to shop or party, KL is only a 2–hour drive
away. The greatest thing about Ipoh is probably that time wastage is at a
minimum and this opens up avenues for you to either relax or get involved with
pursuits which are beneficial to your personal development and benefit society
as well.
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