Reflections on legal practice

AS A lawyer, my journey through the legal profession has been both rewarding and challenging.

This year’s Malaysian Bar Council elections, however, prompted deep reflection not just on the state of the legal practice, but also on the role and direction of the Bar as a professional body.

The recently concluded elections for the Malaysian Bar Council were highly politicised, a phenomenon that is both baffling and concerning.

What should ideally be a collegial and professional process has transformed into a hyper-competitive contest, with candidates aligning themselves into factions, employing campaign tactics that mirror political elections, and even going so far as offering to collect ballot papers.

It’s disconcerting to see such intensity in an election meant to serve a body of professionals, not political ideologues.

Even more troubling has been the injection of issues like race and religion into Bar elections in recent years. This is not only unnecessary but counterproductive.

Lawyers, by and large, seek capable and committed candidates who will prioritise the profession’s needs. To its credit, the Bar Council has structural safeguards to ensure its leadership reflects the diversity of the Malaysian Bar.

Beyond the 16 elected positions, each state sends two representatives to the council. This ensures that all regions and backgrounds are fairly represented.

Yet, apathy among lawyers remains a significant challenge for the Bar Council. The recent elections highlight this stark reality.

Of 24,262 ballots issued, only 6,713 were returned. After accounting for ineligible and spoilt votes, only 6,579 valid ballots remained. This translates to a staggering 72.4% of members who chose not to participate.

Such indifference does not bode well for the Bar Council or the profession it seeks to lead.

Priorities and missteps

The Bar’s focus in recent years has also raised questions. While its public advocacy work – often taking strong stands on political and legal controversies – is commendable, there’s a sense that this has overshadowed equally critical issues.

For example, its engagement in high-profile battles, such as opposing Datuk Seri Najib Razak’s pardon, while principled, might strike some as a distraction from more pressing matters that affect lawyers directly.

One area of neglect is the welfare of lawyers, particularly young practitioners and those running small firms. The legal profession’s landscape is increasingly tough to navigate, with rising operational costs, competitive fee undercutting, and growing expectations from clients.

Singapore’s approach could serve as a valuable model. Its Bar Association actively supports young lawyers and small firms through mentorship programmes, training initiatives, and financial assistance schemes.

Such efforts not only strengthen the profession but also foster a sense of community and support among its members.

The Malaysian Bar would do well to adopt similar measures.

The issue of integrity

A more vexing problem facing the legal profession in Malaysia is the issue of integrity. In recent years, numerous lawyers have made headlines for criminal breach of trust, often involving the misappropriation of clients’ funds.

This has led to discussions about reforming the profession’s insurance mechanisms.

Currently, the Malaysian Bar operates under a professional indemnity insurance scheme.

There have been debates about transitioning to a self-insurance fund scheme, but these conversations often overlook the underlying issue: a significant portion of premiums under the current scheme is spent on negligence claims.

This reflects a systemic need to address ethical lapses and enhance accountability within the profession.

For context, professional indemnity insurance is designed to protect lawyers from claims of negligence or malpractice. However, the rising costs associated with such claims point to deeper issues within the profession.

A lack of understanding and proactive engagement with these problems leaves the profession vulnerable, undermining public trust in lawyers.

Challenges in litigation practice

For litigation lawyers, the profession presents its own unique set of challenges. We are confronted with the punishing pace at which cases progress and at times, with impatient judges.

Despite our best efforts to conduct thorough research and craft compelling arguments, these are sometimes insufficient to secure a favourable outcome.

Clients, too, have heightened expectations because of the abundance of legal practitioners. For example, in Kuala Lumpur and Selangor alone, close to 15,000 lawyers are competing for work.

Such realities underscore the immense pressure lawyers face to deliver results in a highly competitive and demanding environment. Yet, instead of complaining, we must adapt to these challenges, embracing resilience and innovation to thrive.

A personal journey in law

Reflecting on my own journey, the practice of law has been a mix of challenges and opportunities. I graduated from law school in 2007, was called to the English Bar in 2008, and joined the Malaysian Bar in 2013.

However, it wasn’t until 2018, following the loss of Barisan Nasional in the 2018 general election, that I began full-time legal practice, a shift brought about by an involuntary retirement from politics.

Practice has proven to be both fulfilling and demanding.

The profession’s competitive nature has driven many away from legal practice.

Globally, there is a worrying trend of young lawyers leaving the profession. In some jurisdictions, up to 40% of lawyers consider leaving within their first five years of practice, citing burnout, financial pressures, and lack of mentorship as primary reasons.

Since the passing of my father in August, I now manage my family’s legal practice alongside my mother. This transition has been daunting but inexorable.

The stakes are high; failure is not an option, as this is my livelihood.

To better equip myself, I recently completed a Master’s degree in International Commercial Law and Practice from the University of Edinburgh.

This advanced training has not only broadened my knowledge but also strengthened my resolve to succeed in a challenging environment.

Building a better Bar

Despite the profession’s difficulties, I remain committed to making the legal practice better, particularly for younger lawyers.

Sharing knowledge and mentoring the next generation is not just a responsibility but a privilege.

By fostering a supportive community, we can help lawyers navigate the complexities of the profession and build resilience against its challenges.

In this context, my late father spearheaded an initiative to create a WhatsApp group for Sikh lawyers to come together for knowledge sharing and problem-solving.

It has been a tremendous success.

For the Malaysian Bar to truly serve its members, it must refocus its priorities and listen to the needs of its members. Addressing the welfare of young lawyers, tackling integrity issues and fostering a collegial spirit are critical steps for future-proofing the profession.

Another emerging challenge is the use of artificial intelligence (AI) in legal practice. While AI has the potential to transform the profession, its unregulated use poses risks.

The recent directive from the Chief Justice of the Supreme Court of New South Wales underscores the need for caution. It mandates transparency in the use of AI in litigation proceedings, requiring practitioners to disclose any reliance on AI tools in their submissions.

Such regulation ensures that technology enhances, rather than undermines, the integrity of legal processes.

The Malaysian Bar should take note of this proactive approach and consider similar measures to regulate AI use within our jurisdiction.

The legal profession is undoubtedly a tough business, but with the right leadership and vision, it can become a more supportive and rewarding career for all. It’s time for the Bar to remember its overarching purpose: to serve the interests of its members and uphold the highest standards of the legal profession while always furthering the cause of justice.