Lawyers are essential agents of the administration and machinery of justice.
Lawyers influence change. We are meant to be fearless people. Our mantra, in
section 42(1)(a) Legal Profession Act, 1976 to uphold the cause of justice
without regard to our own interests, uninfluenced by fear or favour, is proof of
this. Yet, there are some of us who fear living our lives. We fear death less
than we fear life. And that is what the pervading culture and institutions would
have us believe, that we can do nothing for ourselves but for them.
I would like to see young lawyers shake themselves out of our complacency, and
comfort and move forward 1. Many of us
complain, in the court canteens and in our private emails, about the rude judges
we face, the unhelpful court staff we deal with, the demanding bosses we have,
the ruthless clients we service and the low pay we receive. Yet, when there are
opportunities to change the institutions which prop these up, we do nothing.
“There is no time”, “I am afraid” or “I do not know how”. The messengers, and
those who do attempt to reform what is existing are shot, and the message
hijacked and lost. Those in positions of comfort take pride in seeing reform
agendas and change advocates fail as they continue to consolidate their
position. Those in power fear change. They fear change because they fear living
life. Life is a continuous process of challenges, ideas, change, reform, rebirth
and action but they fail to see it that way.
Similarly, young lawyers fear change because we have always been comfortable in
allowing the seniors to take charge, make decisions and govern our lives. We
feel overawed and fear challenging those well–established. We are lazy. Thus
there is no impetus for some of the Bar Council members to participate, work and
act effectively. This is very frustrating for those who actually want to change
things and make things better for you and me.
There are also some Council members who actively avoid doing any work for the
betterment of the Bar. They merely indulge in certain activities to ensure their
continued high profile in order to win votes at the next elections. These
members are hindrances to the Bar.
I would like young lawyers to realise that the rot has set in and it will not
stop until we do something about it. The first place to start is to start an
advocacy campaign and a concerted movement to change the direction of the Bar
Council by voting in effective and deserving members. It is time that we
pressured and communicated to “deadwood” members that, much as their previous
efforts are appreciated, they should move on to other things. Sitting on Council
debating, formulating strategies and policies, working out the nitty–gritty
details and executing the hard work should be left to others.
As it is now, the Bar Council appears to be a “pointless
oratorical tournament”2, largely due to
the fact that there appears to be no concerted move for rejuvenation of ideas,
policies and action. We must prevent the Council from degenerating any further.
We must exercise our rights to vote, we must vote wisely, and we must start to
debate the issues of the Bar.
We must aim to make the Bar Council a professionally–run body. Committees now
run on a voluntary, part–time basis by lawyers should be phased out. At most,
lawyers should be called in only to give advice on policies and to ensure that
the policies are implemented accordingly. There must be a total revamp of the
Bar Council.
The other major problem is that there is a lack of information flowing down to
all members on a daily basis. Some of us only hear about things when we work at
committee level at the Bar Council or State Bar Committees but even then, we do
not hear the full story or the truth. There are many grievances aired at
grassroots level about the Bar Council and State Bar Committees, yet the same
people, or similarly inclined people, are voted in each year.
Just two examples:
(1) Did the members, particularly the young members, know that the Bar Council had a ceremony on 23 November 2004 to open its building at Kuala Lumpur? Were all members invited to attend the ceremony? Was this event not important enough for all of us to be informed and invited? Or was it only for certain elite members?
(2) When the Kuala Lumpur State Bar Committee went to meet
with the Chief Justice3, do we know who
attended? I was made aware that no representative from the Young Lawyers’
Committee was represented or requested to attend4.
At present, and for the short–term, the remedy would be to ensure that young
lawyers fully and actively participate in the activities of the Bar and State
Bar Committees. We should take up the invitations to sit on committees which
interest us and contribute as much as we can. We should ask difficult questions
and make things happen for the betterment of the Bar. It may be difficult to
believe but, from personal experience, working with committees, debating issues
and implementing policies can be enriching and will assist in our personal
growth as young lawyers.
We must appreciate that there are many opportunities out there for us to grow
and grasp as young lawyers. We must grit our teeth, take our chances and grab
the opportunities. Most importantly, we must not be afraid. If we will not help
ourselves, no one will.
The Malaysian Bar has always been intended to be, and is, a fearless body,
standing up against injustice and oppression. It so happens that on most
occasions, the Bar’s views do not correspond with the views of the established
political order. This does not mean the Bar is anti–government or
pro–opposition. The Bar Council has led the Bar on occasions to support the
Government’s stand on certain matters, to disapprove of the Opposition’s
position on others and vice versa. Allegations that the Bar Council is forever
steeped in anti–establishment mode are therefore mischievous and unfounded.
Nevertheless, the Bar, which is led by the Bar Council, is one of the last
bastions of justice, human rights, social order, freedom and constitutionalism
in Malaysia in the face of the overwhelming might of the State5.
Deeply entrenched within it is the spirit of humanity and the concept of right
and wrong. Substantially, it provides ordinary people like me and you the
opportunity to liberate ourselves, to advocate change in society, to uphold the
rule of law and to keep ourselves free. Let us not lose that opportunity.
We as young lawyers are a part of this structure. Let us not forget that or
allow anything to break our will. Once we realise that change is within us, that
the power to change is within reach, and we can take action to change things;
only then will we start living our lives a little more, and hopefully, with less
fear.
*Message delivered at the “Road Show on Section 46A of the Legal Profession Act 1976” of the Selangor Bar Committee on 27 November 2004 at the Sultan Abdul Aziz Shah Golf Club, Shah Alam.
1 See also the message “Young Lawyers and Section 46A Legal Profession Act, 1976” delivered at the “Road Show on Section 46A of the Legal Profession Act 1976” of the Kuala Lumpur Bar Committee on 5 September 2003 at the Bar Council Auditorium, Kuala Lumpur.
2 A term coined by Ernesto Che Guevara, representing Cuba, in his address to the 19th Session of the UN General Assembly in New York on 11 December 1964.
3 This was somewhat strange considering Bar Council had not been able to meet with the Chief Justice despite several requests to do so. This meeting is an embarrassment to the Bar Council.
4 In an attempt to clarify the issue (among other issues raised by the meeting), 3 emails were sent on 5 July 2004, 6 July 2004 and 15 July 2004 to the Kuala Lumpur Bar Committee. A reply by an email dated 27 August 2004 did not answer the query.
5 The Bar Council even argued for the independence of the Judiciary and the rights of judges in terms of transparency in their promotions.