K. Kumaran @ Kumaran Koothaperumal graduated in year 2006 from University of London and was called to the Malaysian Bar in 2008. He is currently practicing in a medium size firm in Penang. His areas of practice are primarily Criminal and Civil Litigation, Banking and Accident. He shared some of his views with Khaizan Sharizad on issues affecting our country and the legal profession.
1.What inspires you to become a lawyer?
The very fact that I was born as a human is the biggest inspiration to me to become a lawyer. I’m sure that this answer may raise your eyebrows.
1.What inspires you to become a lawyer?
The very fact that I was born as a human is the biggest inspiration to me to become a lawyer. I’m sure that this answer may raise your eyebrows.
A single human ……. An individual is equipped with unique characteristic, mindset and behavior pattern. However, if you have a group of people together, then its forms a society with multiple characteristics, mindsets and behavioral patterns. This is the birth of good and evil. To ensure unity and continuing survival of a society, a set of rules is established which I call law. This set of rules ensures peace and the continuing survival of everyone of us. Imagine a land without law and order, if such scenario does exists, I’ll say we are no different from the animal kingdom.
As a lawyer, I’m given an opportunity to safeguard and fight to ensure the cornerstone of our survival.
2.Being a lawyer in Penang, do feel there is a huge difference between practicing in Kuala Lumpur than in Penang? What are your views on this?
As I have never practiced in Kuala Lumpur, I’m unable to shed much light on this question. I strongly believe that in every lawyer burns a passion of its own. This passion is what makes a difference in every lawyer regardless whether one practices in Kuala Lumpur or in Penang.
To me there is only one JUSTICE. You do not have one justice in Kuala Lumpur and one justice in Penang to create a huge difference.
3.What would you say it takes to become a lawyer?
To me becoming a lawyer is an honour. Here one is entrusted with the responsibility as a key member of the keeper of the peace and continuing survival of society. Every cases that are litigated in court, have an impact on a person’s daily life even though we don’t realize it.
I’m aware of a common phrase “With great power comes great responsibility”. I believe as a key member of the keeper of peace, every lawyer should entrench this, as we are entrusted with such an honour.
4.What do you think are the challenges that young lawyers face these days?
The legal field offers various challenges in many forms to every young lawyers today. The biggest challenge which young lawyers face today is ourselves. Its our mindset that restrict our ability to become a true lawyer.
I see this as the biggest and the first challenge which is hardest for all young lawyers to face.
Some are in this profession to seek financial stability, whereas others to fulfill their parents’ dream. Most young lawyers think their greatest challenges lie ahead in Court. However, mixing with young lawyers and even I’m still one of them, I realize that the biggest challenge we face in this profession is us. Some fear even to appear in open court and prefer to stay back in office.
Even I was no exception; initially I fear conducting a case by myself in court. But with great challenges, you find great companions and allies. My Master’s inspiration and fellow lawyers around me made me overcome this hurdle. Today I may face different challenges in this profession but I know that I can always overcome this with the assistance and guidance of my fellow lawyers.
5.Please tell us what do you like most about being a practicing lawyer?
Being a practicing lawyer offers me an opportunity to learn and to be an integral part in ensuring the survival of society. Every case offers a new dimension of knowledge. It doesn’t only involve issue of law but all other aspects of life.
I’m given an opportunity to learn various issues that surround us. The presence of law is undeniably vast. It encompasses every action, thought and decision we make.
6.In your opinion, what are the contributions that young lawyers can make to the community?
Young lawyers are the future protectors of justice and the key in ensuring the continuing survival of our society. The biggest contribution every young lawyer can make is to keep fight for the continuing survival of society as we influence the law which in turn affects every single individual. Personal gain should not be the priority for young lawyers but we must have the enthusiasm to discover the law.
7.What is your opinion on the recent fast track system and the KPI which is currently taking place in the courts?
Fast Track system and KPI are innovations to improve our legal system. Like every ideas there are pros and cons. I’m sure Members of Bar are fully aware of these. In my practice under this new regime, the system has worked well in certain areas but the system is not tailor made to suit all sort of litigation matters. Complex cases are treated similarly which in turn affects justice. The new system was introduced to achieve justice but to some extent the concurrent introduction of KPI has hampered this. Fast Track system is a plus point but KPI imposes undue pressure on the Members of the Judiciary which impairs the benefits of the Fast Track System.
If Fast Track System by itself is sufficient, its raises the question why should KPI be introduced as well. KPI turns the law into a mathematical analysis where at the end of the day, justice is reduced to pie charts. 10 disposals in one Court per day, does not mean that the public has obtained justice as justice hurried is justice buried. The merits of the case maybe overlooked to ensure that the KPI performance is good.
8.How do you think that the Court system can be further improved?
The Fast Track System is a move in the right direction but for the system to function at an optimum level, a balance must be achieved. The balance I’m referring to is that discretion must be accorded to the Judges without KPI blade hanging over their heads. Justice should not be measured with numbers and figures. The very essence and foundation of law is under threat due to the mathematical analysis of the performance of key Members of the Judiciary, the Protector of Justice.
The present system requires unity and understanding amongst all the members of the judiciary. However with the presence of KPI, this would hamper the unity as KPI becomes a goal oriented policy.
As a lawyer, I’m given an opportunity to safeguard and fight to ensure the cornerstone of our survival.
2.Being a lawyer in Penang, do feel there is a huge difference between practicing in Kuala Lumpur than in Penang? What are your views on this?
As I have never practiced in Kuala Lumpur, I’m unable to shed much light on this question. I strongly believe that in every lawyer burns a passion of its own. This passion is what makes a difference in every lawyer regardless whether one practices in Kuala Lumpur or in Penang.
To me there is only one JUSTICE. You do not have one justice in Kuala Lumpur and one justice in Penang to create a huge difference.
3.What would you say it takes to become a lawyer?
To me becoming a lawyer is an honour. Here one is entrusted with the responsibility as a key member of the keeper of the peace and continuing survival of society. Every cases that are litigated in court, have an impact on a person’s daily life even though we don’t realize it.
I’m aware of a common phrase “With great power comes great responsibility”. I believe as a key member of the keeper of peace, every lawyer should entrench this, as we are entrusted with such an honour.
4.What do you think are the challenges that young lawyers face these days?
The legal field offers various challenges in many forms to every young lawyers today. The biggest challenge which young lawyers face today is ourselves. Its our mindset that restrict our ability to become a true lawyer.
I see this as the biggest and the first challenge which is hardest for all young lawyers to face.
Some are in this profession to seek financial stability, whereas others to fulfill their parents’ dream. Most young lawyers think their greatest challenges lie ahead in Court. However, mixing with young lawyers and even I’m still one of them, I realize that the biggest challenge we face in this profession is us. Some fear even to appear in open court and prefer to stay back in office.
Even I was no exception; initially I fear conducting a case by myself in court. But with great challenges, you find great companions and allies. My Master’s inspiration and fellow lawyers around me made me overcome this hurdle. Today I may face different challenges in this profession but I know that I can always overcome this with the assistance and guidance of my fellow lawyers.
5.Please tell us what do you like most about being a practicing lawyer?
Being a practicing lawyer offers me an opportunity to learn and to be an integral part in ensuring the survival of society. Every case offers a new dimension of knowledge. It doesn’t only involve issue of law but all other aspects of life.
I’m given an opportunity to learn various issues that surround us. The presence of law is undeniably vast. It encompasses every action, thought and decision we make.
6.In your opinion, what are the contributions that young lawyers can make to the community?
Young lawyers are the future protectors of justice and the key in ensuring the continuing survival of our society. The biggest contribution every young lawyer can make is to keep fight for the continuing survival of society as we influence the law which in turn affects every single individual. Personal gain should not be the priority for young lawyers but we must have the enthusiasm to discover the law.
7.What is your opinion on the recent fast track system and the KPI which is currently taking place in the courts?
Fast Track system and KPI are innovations to improve our legal system. Like every ideas there are pros and cons. I’m sure Members of Bar are fully aware of these. In my practice under this new regime, the system has worked well in certain areas but the system is not tailor made to suit all sort of litigation matters. Complex cases are treated similarly which in turn affects justice. The new system was introduced to achieve justice but to some extent the concurrent introduction of KPI has hampered this. Fast Track system is a plus point but KPI imposes undue pressure on the Members of the Judiciary which impairs the benefits of the Fast Track System.
If Fast Track System by itself is sufficient, its raises the question why should KPI be introduced as well. KPI turns the law into a mathematical analysis where at the end of the day, justice is reduced to pie charts. 10 disposals in one Court per day, does not mean that the public has obtained justice as justice hurried is justice buried. The merits of the case maybe overlooked to ensure that the KPI performance is good.
8.How do you think that the Court system can be further improved?
The Fast Track System is a move in the right direction but for the system to function at an optimum level, a balance must be achieved. The balance I’m referring to is that discretion must be accorded to the Judges without KPI blade hanging over their heads. Justice should not be measured with numbers and figures. The very essence and foundation of law is under threat due to the mathematical analysis of the performance of key Members of the Judiciary, the Protector of Justice.
The present system requires unity and understanding amongst all the members of the judiciary. However with the presence of KPI, this would hamper the unity as KPI becomes a goal oriented policy.