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Home arrow Committees arrow National Young Lawyers arrow Young Lawyers Convention 2011: Working Conditions – The Good, the Bad and the Ugly (2 July 2011)
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Young Lawyers Convention 2011: Working Conditions – The Good, the Bad and the Ugly (2 July 2011) PDF Print E-mail
Friday, 08 July 2011 09:47am
Contributed by Tiu Gi Gyn, Member, Bar Council National Young Lawyers Committee

One of the most discussed topics amongst young Malaysian lawyers is the working conditions that they face in today’s challenging legal industry.  Lawyers in their first few years of practice can often be heard lamenting over long working hours, feeling overwhelmed by workload and stress, not to mention being underpaid and unappreciated. 

As a platform for young lawyers from both within and outside Kuala Lumpur to speak their minds and push for a better working environment, the fourth session on “Working Conditions – The Good, the Bad and the Ugly” sat well with the aspiring theme of the 4th Young Lawyers Convention 2011, “Towards a Better Bar”. 

The moderator and speakers of the session on “Working Conditions – The Good, the Bad and the Ugly”

The talk show like forum was moderated, or rather “hosted”, by Lee Shih in an informal manner.  The session, which featured Wong Fook Meng, Syahredzan Johan and Andrew Yeap, enabled speakers to share their views on issues from both the employees’ and employers’ perspective.  

The session started off with Wong Fook Meng stating that most young lawyers felt burnt out after four to five years in practice due to a lack of work-life balance.  As a result, young lawyers became unmotivated and eventually lost their grit and passion.  He also revealed the statistics of the “Working Conditions Survey Report” conducted by the Bar Council National Young Lawyers Committee in 2006/2007.  The report summarised that approximately 59.2% of the respondents were dissatisfied with their salary, 68.8% were dissatisfied with their salary increment, 51.9% had considered moving to another firm in the next 12 months, 68% had considered setting up their own practice and 66.7% had considered leaving practice altogether.

One of the questions raised during the session was what amounts to the right pay or salary for fresh lawyers and chambering students at present.  All three speakers shared the same point of view that the market rate for young lawyers and chambering students varied accordingly depending on jurisdiction, the nature and quality of work, the set-up of the firm, the employers’ ability to pay a higher salary and so on.  Syahredzan Johan pointed out that lawyers’ salaries should reasonably commensurate with the amount of work carried out by them.  He explained that usually, an employer would not deny his or her employees their rights and entitlements to higher salaries, provided that the employees were able to justify them to the employer. 

In further response to the question, Wong Fook Meng remarked that, being in the service provider industry, an individual’s caliber and performance played a very important role in justifying the remuneration one was entitled to.  To command the salary that a young lawyer deserved, it was imperative that the individual acquired the ability to handle cases well and put in his or her best efforts. 

A member of the delegates queried about the risk and repercussions of approaching employers for higher salaries.  Syahredzan Johan, in addressing this issue, encouraged young lawyers to take the initiative to constantly connect and communicate with their employers.  Doing so would enable the employer to assess the work done by his or her legal assistants.  He was also of the view that as long as one displayed a virtue of courtesy and professionalism in negotiating or proposing higher salaries, there was no reason for the employer to be unreasonable or to reject such a proposal.

Andrew Yeap, an employer himself, agreed that young lawyers had to break away from the “glass wall” between employers and themselves.  Young lawyers had to understand that most employers did care for their well-being.  Thus, it was necessary for a young lawyer to overcome the fear of approaching the employer as it would only suppress his or her progress and development.  The speakers also acknowledged that in some instances, an employer might not be as reasonable as he or she should be.  However, delegates were assured that there was a high demand for talented young lawyers, and they always had the choice of moving to another firm.

During the session, Kenneth Wong from Kuala Lumpur commented that young lawyers should not be perceived as being “greedy” for demanding higher salaries.  He clarified that all that young lawyers wanted was recognition, which could come in various forms; either in remuneration or being driven to become involved in better quality work. 

The speakers then shared their own stories on what kept them going despite the frustration that they faced in the legal system on a daily basis.  Syahredzan Johan responded that he was motivated by the sense of satisfaction that he attained after putting in his best efforts to convince the judge to decide in his client’s favour.  He humored the crowd when he revealed that he had used to put up a show, even for a simple judgment in default application.

Andrew Yeap stated that the ability to achieve something with his own hands and being able to help clients had motivated, and continued to motivate, him in the pursuit of such achievement.

Wong Fook Meng quoted a law professor and highlighted that law was not a ticket to wealth, but a form of noble service to one’s client instead.  He discussed that although the reward or remuneration that the lawyer received might be small, the service provided might have been a big deal to the client.  Thus, as idealistic as it sounded, some people were in search of intellectual satisfaction. 

One of the delegates claimed that there was no use for young lawyers to fight for this cause.  She continued by urging young lawyers to reflect in order to find out his or her own worth, instead of complaining.  A question that was posed to the speakers yet again was whether Bar Council was actively doing something to change mindsets and guidelines.  Young lawyers were advised to equip themselves, be ready to face challenges, and improve the virtues and qualities of a lawyer.

Lee Shih ended the session by giving an overview of the issues discussed.  He described that commercial awareness was now an essential element for the 21st century young lawyer to understand a client’s business and industry.  Lee Shih then concluded that the spirit of a young lawyer might be small, but they could be one of the “giants” of the Bar in their own way.

A delegate engaging the speakers in discussion

The panel with the Chairperson of the Bar Council National Young Lawyers Committee

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