MAJLIS PENYERAHAN WATIKAH PERLANTIKAN PROFESOR ADJUNG FAKULTI UNDANG-UNDANG UNIVERSITI KEBANGSAAN MALAYSIA 20 JANUARY 2020

 

 

 

 

 

 

MAJLIS PENYERAHAN WATIKAH PERLANTIKAN

PROFESOR ADJUNG

FAKULTI UNDANG-UNDANG

UNIVERSITI KEBANGSAAN MALAYSA

ACCEPTANCE SPEECH 20 JANUARY 2021/WEDNESDAY

 2.30PM VIA WEBINAR ZOOM

 

 

 

 

 

 

 

 

 

 

ASSALAMUALAIKUM WBT

 

·        YBHG. TAN SRI DATO’ SERI ABDUL WAHID OMAR, 

PENGERUSI LEMBAGA PENGARAH UKM. 

·        YBHG. PROF. DR. NAZURA ABDUL MANAP, 

DEKAN FAKULTI UNDANG-UNDANG, UKM.

·        TIMBALAN-TIMBALAN DEKAN,

FAKULTI UNDANG-UNDANG, UKM. 

·        AHLI-AHLI PENGURUSAN FAKULTI UNDANG-UNDANG, UKM.

·        KAKITANGAN AKADEMIK FAKULTI UNDANG-UNDANG. 

·        KAKITANGAN PROFESIONAL & PELAKSANA FAKULTI UNDANG-UNDANG. 

I AM VERY HONOURED TO BE WITH YOU THIS AFTERNOON FOR THE ACCEPTANCE AND FORMALISATION OF MY APPOINTMENT AS AN ADJUNCT PROFESSOR AT THE FACULTY OF LAW OF UNIVERSITY KEBANGSAAN MALAYSIA. THANK YOU, TS FOR YOUR KIND PRESENCE.

THIS APPOINTMENT BEGAN WITH A CONVERSATION MY DAUGHTER THURAYA HAD WITH DR HANIM, WHO IS HER CONTEMPORARY. I WAS ASKED IF I WOULD BE INTERESTED TO SHARE MY IDEAS AND EXPERIENCES AND GIVE A LECTURE TO THE FINAL YEAR LAW STUDENTS. I WAS HESITANT INITIALLY BUT AFTER THEIR PERSUASION, I AGREED. I MET DR. NAZURA AND HANIM TOGETHER AT MY HOME. IT WAS DURING OUR DISCUSSION THAT THEY BROUGHT UP THE SUBJECT WHETHER I WOULD CONSIDER BEING AN ADJUNCT PROFESSOR OF UKM AT THE FACULTY. MY IMMEDIATE REACTION WAS I DON’T CONSIDER MYSELF QUALIFIED FOR THE ROLE. ULTIMATELY, THEY MANAGED TO CONVINCE ME TO ACCEPT THE APPOINTMENT.

SINCE I WAS YOUNG, I HAVE ALWAYS ENJOYED BEING A TEACHER OF SOME SORT. AFTER ALL, ALLAHYARHAM MY FATHER STARTED LIFE AS A TEACHER IN S’PORE, PENANG AND KOTA BHARU. I BELIEVE HIS TEACHING PASSION HAD RUBBED OFF ON ME IN SOME WAY. 

A LONG TIME AFTER OUR DISCUSSIONS CAME THE ARRIVAL OF COVID19. WE OVERCAME THE DIFFICULTIES BY TAKING ADVANTAGE OF TECHNOLOGY AND I DELIVERED A LECTURE THROUGH WEBINAR. IT LASTED FOR MORE THAN TWO HOURS. I FOUND THE STUDENTS SMART AND CONFIDENT. I AM PLEASED TO LOOK UPON IT AS THE UNIVERSITY HAVING PREPARED THEM WELL TO ENTER THE LEGAL WORLD OR ANY OTHER CAREER. IT WAS LONG AFTER THAT I HEARD AGAIN THAT THE UNIVERSITY HAD AGREED TO APPOINT ME AS AN ADJUNCT PROFESSOR. TODAY IS THE CULMINATION OF MY WAITING AND ANXIETY WHETHER I AM GOING TO BE OR NOT TO BE (SHAKESPEAR’S HAMLET). A SEATTLE PHILOSOPHER SAID, “KNOWLEDGE SPEAKS, BUT WISDOM LISTENS”. WHILST SOCRATES SAID, “THE ONLY TRUE WISDOM IS IN KNOWING YOU KNOW NOTHING.” I WOULD LIKE TO IMAGINE I AM IN THAT CATEGORY.

AT THIS STAGE LET ME EXPRESS MY GRATITUDE TO DR. HANIM AND HER DEAN PROF DR. NAZURA WHO SAW MY RELEVANCE AND PASSION TO SHARE WITH OTHERS MY IDEAS AND EXPERIENCES IN THIS INCREASINGLY COMPLEX AND ANXIOUS WORLD AND TIMES. THANK YOU, MA’AM. AFTER ALL, UNIVERSITIES ARE KNOWN TO BE CHANGE CATALYSTS ALL OVER THE WORLD. AS MENTIONED BY ANTON CHEKHOV, “KNOWLEDGE IS OF NO VALUE UNLESS YOU PUT IT INTO PRACTICE”. I WILL IN THIS CAPACITY ATTEMPT TO DO THAT AND QUOTING JOHN LOCKE, “NO MAN’S KNOWLEDGE CAN GO BEYOND HIS EXPERIENCE” OR TO QUOTE SAYYIDINA ALI, “KNOWLEDGE IS LIFE AND A CURE”.

UKM’S MISSION IS TO EDUCATE AND PRODUCE INDIVIDUALS WHO WILL SOLVE PROBLEMS AND CHANGE THE NATION/COUNTRY THROUGH ENGAGED AND VISIONARY LEADERSHIP. OBVIOUSLY, THE WORLD IS STILL IN NEED OF CLEAR HEADED CITIZENS, TEMPERED WITH HISTORICAL PERSPECTIVE, DISCIPLINED BY RATIONAL THINKING AND MORAL COMPASSES, WHO SPEAK WELL AND WRITE PLAINLY WITH LUCIDITY AND WARMED BY THE PRINCIPLES OF LAW AND JUSTICE (LEE PELTON).

WE MUST ALWAYS FEAR WHAT THE GREAT ULAMA TABI’IN HASAN AL-BASRI SAID THAT ARROGANCE, ENVY AND GREED CAN BE THE CAUSE OF OUR DOWNFALL. (SATAN, CAIN AND ADAM). 

I WOULD LIKE TO SAY WITH ALL HUMILITY THAT THE APPOINTMENT IS THE GREATEST HONOUR BESTOWED UPON ME IN THE MANY DECADES OF MY PUBLIC SERVICE, AND COMES CLOSEST TO MY HEART. I HAVE ALWAYS WANTED TO BE ASSOCIATED WITH THE ACADEMIC CIRCLE AND A REPUTABLE UNIVERSITY.  I WILL ATTEMPT TO DO WHAT NAPOLEON HILL SAID, “KNOWLEDGE HAS NO VALUE EXCEPT THAT WHICH CAN BE GAINED FROM ITS APPLICATION TOWARDS SOME WORTHY END”. THE FUNDAMENTALS OF KNOWLEDGE, LAW AND JUSTICE AS STATED IN SOME SUFI TRADITIONS THAT KNOWLEDGE IS THE BEACON AND LIGHT FOR HUMANKIND TO FIND THE PATH OF VIRTUE AND RIGHTEOUSNESS, WHILE LAW IS THE REGULATORY INSTRUMENT TO LIVE AS AN INDIVIDUAL, MEMBER OF SOCIETY AND NATION AND JUSTICE IS THE WAY TO PROTECT THE INNOCENT. 

 

THANK YOU, DR. NAZURA AND THE FACULTY, AND UKM FOR MAKING ME FEEL APPRECIATED ESPECIALLY IN MY OWN BELOVED COUNTRY. 

THROUGH THIS MIX OF CHALLENGES AND EXCITEMENT, I WOULD JUST LIKE TO MENTION SOME PERTINENT POINTS: 

FOR ME, IT IS IMPORTANT FOR ME TO BE TRUE TO MYSELF AND DEFINE MY OWN FINAL DESTINY. LOOKING BACK, I JOINED THE JUDICIAL AND LEGAL SERVICE THROUGH THE ENCOURAGEMENT OF NONE OTHER THAN ALLAHYARHAM TUN SALLEH ABBAS, AN EPITOME OF A MAN OF INTEGRITY, HONESTY AND COURAGE. THE LEGACY THAT ALL OF US SHOULD EMULATE. I REMEMBER WHAT HE TOLD ME, THEN A YOUNG MAN OF 26, “WHATEVER YOU DO, YOU MUST PERSEVERE AND START FROM THE BOTTOM”. MY INITIAL PREFERENCE WAS TO BE A DPP BUT FATE SAW ME SERVING ON THE BENCH AS A MAGISTRATE AND AS PRESIDENT OF THE SESSIONS COURT KL, BEFORE I JOINED BBMB AS A LEGAL MANAGER IN 1972.  ANOTHER EXPERIENCE THAT I STILL REMEMBER TO THIS DAY, WHILST SERVING ON THE BENCH, WAS WHAT H.T. ONG, THE CHIEF JUSTICE AT THE TIME, WROTE TO ME WHEN A SENIOR LAWYER COMPLAINED ABOUT MY CONDUCT OF THE PROCEEDING. HE SAID MY DECISION IN THAT CASE WAS CORRECT AND THAT I SHOULD CONTINUE EXERCISING JUSTICE WITHOUT FEAR OR FAVOUR. IT WAS A PRICELESS LEARNING CURVE AND EXPERIENCE FOR ME.   

THROUGHOUT MY LIFE, I TRIED TO NEVER REGRET THE PATHS I HAD TAKEN IN THE NAME OF HUMANITY AND SERVICE, FROM A STUDENT LEADER UP TO THE NATIONAL LEVEL, AS A JUDICIAL OFFICER, PRACTICISING LAWYER, BANKER, AND IN MY YEARS OF SERVICE IN THE GOVERNMENT AS A PUBLIC SERVANT AND NOW, A PENSIONER ON REFLECTION. 

IT CANNOT BE AVOIDED IN LIFE THERE WILL BE SUCCESSES AND FAILURES, UPS AND DOWNS. I WENT THROUGH THESE WITH REFLECTION AND SATISFACTION OF HAVING EXPERIENCED THEM ALL. I THINK IT IS A GOOD REMINDER THAT FAILURE IS PART OF LIFE. HOWEVER, IT SHOULD NOT BE TAKEN AS A CONDEMNATION IN LIFE. IF YOU WORK HARD ENOUGH, YOU CAN CONVERT FAILURE INTO SUCCESS. MY FRIENDS, NEVER GIVE UP. 

IT IS WORTHWHILE TO BE REMINDED THE OFTEN QUOTED DICTUM OF BILL GATES & WARREN BUFFETT ABOUT BEING FOCUSED – IN ORDER TO BE SUCCESSFUL, ONE MUST BE FOCUSED. FOR US IN THE LEGAL FRATERNITY, TO BE FOCUSED IS ONE OF THE MOST FUNDAMENTAL WAYS TO GIVE ATTENTION TO WHAT IS RELEVANT AND CORE IN GIVING ADVISE AND IN PROCEEDINGS OF CASES. OBVIOUSLY, TO SUCCEED WE NEED TO HAVE KNOWLEDGE AND A CLEAR UNDERSTANDING OF THE ISSUES IN THE RELEVANT AND CORRECT CONTEXT.

 

THE APPOINTMENT IS REALLY A TRUE REWARD FOR ME, AS IT WILL ENABLE ME TO OBSERVE FROM A DISTANCE STUDENTS LEARNING, DEVELOPING, AND APPLYING THEIR SKILLS.

I WILL STRIVE TO SERVE TO THE BEST OF MY ABILITY FOR THE LAW FACULTY AND UKM. INTERESTINGLY, NICOLAUS COPERNICUS, A RENAISSANCE GREEK SCHOLAR SAID: 

“TO KNOW THAT WE KNOW WHAT WE KNOW, AND TO KNOW THAT WE DO NOT KNOW WHAT WE DO NOT KNOW, THAT IS TRUE KNOWLEDGE”. 

IN CONCLUSION, LET ME END BY TAKING A QUOTE FROM ERNEST AGYEMANG YEBOAH:

“THE VALUE OF INTELLECTUALS IS NEITHER THEIR INTELLECT NOR THE VALUE OF THEIR INTELLECT BUT THE VALUE OF WHAT THEY USE THEIR INTELLECT TO DO”. GUIDE ME TO DO THIS AND MAY ALLAH BLESS US WITH KNOWLEDGE, WISDOM AND JUSTICE”.

THANK YOU.

WHAT NEXT AFTER LAW SCHOOL? WEBINAR ZOOM WITH UKM LAW FACULTY 3 AUGUST 2020

 

WHAT NEXT AFTER LAW SCHOOL?

 

SALAM AND GOOD MORNING.

 

IT IS A GREAT PLEASURE TO BE HERE TODAY AND TO BE GIVEN THE OPPORTUNITY TO DELIVER THIS LECTURE AT THE FACULTY OF LAW, UKM. (LETS IMAGINE THIS IS THE LECTURE HALL).

 

THIS IS THE FIRST TIME I AM DELIVERING MY LECTURE BY WEBINAR. I FIND IT RATHER ODD NOT SEEING THE AUDIENCE BEFORE ME AS I AM USED TO FACE-TO-FACE INTERACTION.  I SUPPOSE THIS IS A NEW NORM AND I WAS INFORMED THAT EVEN COURT PROCEEDINGS ARE HELD IN SIMILAR FASHION.

 

IN RECENT YEARS, PUBLIC PERCEPTION OF THE LEGAL PROFESSION IN MALAYSIA HAS BEEN TARNISHED BY MEDIA REPORTS, DUE TO PROFESSIONAL MISCONDUCT. “ THE REALITY IS THAT LEGAL FIRM, PARTICULARLY SOLE PROPRIETORSHIPS AND SMALL FIRMS THAT DO CONVEYANCING MATTERS ARE HIGHLY VULNERABLE TO FRAUD AND DISHONESTY (DENNIS GOH, ECHELON CLAIMS CONSULTANT SDN BHD, JURISK VOL 15 ISSUE 1, JAN 2020). IN 2018 A SOLICITOR WHO BORROWED FUNDS FROM HIS CLIENT’S ACCOUNT INTENDING TO REPAY, WHICH HE DID WAS HELD BY THE COURT HAD COMMITTED A SERIOUS PROFESSIONAL MISCONDUCT, A BREACH OF TRUST AND STAKE HOLDING, BAR COUNCIL MALAYSIA V LYY, FEDERAL COURT REAFFIRMED CA’ DECISION TO DISBAR THE SOLICITOR) EVEN THOUGH THE CLIENT WITHDREW THE COMPLAINT. THE FACT THAT THE CASE MOVED FROM THE HIGH COURT TO THE COURT OF APPEAL AND FINALLY FEDERAL COURT IS EVIDENCE OF THE FACT THE SOLICITOR IS NOT A ‘A FIT AND PROPER PERSON, OR OF SUFFICIENT MORAL FIBER TO SERVE IN THE LEGAL SYSTEM, (2016, UNIVERSITY OF THE FREE STATE, SOUTH AFRICA, CHRISTOFFEL H VAN ZYL IV; JO-MARI VISSER)

 

SINCE TIME IMMEMORIAL, THE LAW WAS CONSIDERED A NOBLE PROFESSION AND ONLY CERTAIN PEOPLE WERE ALLOWED TO PRACTICE. IT IS OF FUNDAMENTAL IMPORTANCE THAT THE PERSON WHO WANTS TO BE ADMITTED AS AN ADVOCATE AND SOLICITOR MUST BE “A FIT AND PROPER PERSON”, WHICH IS AN ASSURANCE TO THE PUBLIC THAT SUCH A PERSON WILL ACT ETHICALLY (M. SLABBERT, 2011 VOL 14 NO 4, SOUTH AFRICAN JOURNAL ONLINE).

 

 LET ME LEAVE THIS ISSUE FOR A LATER DISCUSSION. HOWEVER, IT CAN BE ARGUED THERE ARE STILL ADVOCATES AND SOLICITORS, YOUNG AND OLD, WITH INTEGRITY, WHO SERVE THEIR CLIENTS WITH DIGNITY (M.STABBERT, PROF OF JURISPRUDENCE, UNIVERSITY OF SOUTH AFRICA, AFRICAN JOURNAL ONLINE).

 

I’M SURE WHEN YOU CHOOSE A LAW DEGREE YOU WOULD HAVE MAPPED OUT IN YOUR MIND THE REASONS WHY YOU OPT FOR LAW. THE STANDARDS OF THE BAR ARE VERY HIGH AND SHOULD ALWAYS ASPIRE TO BE THE BEST, NOTWITHSTANDING THE REASONS YOU GIVE FOR CHOOSING IT, BE IT BECAUSE OF:

 

 

1.  DIVERSE CAREER OPTIONS

2.  GROWTH AND OPPORTUNITY

3.  EXPECTATIONS OF A GOOD FINANCIAL REWARDS

4.  TO PROVIDE THE BEST SERVICE TO THE CLIENT.

5.  DIVERSE FIELDS OF PRACTICE AREAS.

6.  INTELLECTUAL CHALLENGE.

7.  PRESTIGE/REPUTATION.

8.  DYNAMIC ENVIRONMENT.

 

BEFORE I GET INTO THE DETAILS OF THE AFOREMENTIONED TOPICS, LET ME GIVE YOU A BRIEF ACCOUNT OF MY LIFE (IT MAY NOT BE THAT BRIEF). PLEASE TAKE NOTE A LAWYER IS A PERSON WHO WRITES A 10,000-WORD DOCUMENT AND CALLS IT A BRIEF. THIS WILL ENABLE MY AUDIENCE TO APPRECIATE WHAT I HAVE JUST SAID EARLIER ON THE OPTIONS. LET ME AT THE OUTSET SAY THAT AS A LAWYER ONE MUST ACT WITH “HONESTY, INTEGRITY AND SINCERITY.”  (THEODORE ROOSEVELT).  IN OTHER WORDS THE LAWYERS CREED SHOULD BE DRIVEN BY TELLING THE TRUTH AND KNOW THE LAW (ENJURIS). I LIKE THIS TWEET, WHICH SAID, “ TO ME, A LAWYER IS BASICALLY THE PERSON THAT KNOWS THE RULES OF THE COUNTRY. WE’RE ALL THROWING THE DICE, PLAYING THE GAME, MOVING OUR PIECES AROUND THE BOARD, BUT IF THERE IS A PROBLEM THE LAWYER IS THE ONLY PERSON WHO HAS READ THE INSIDE OF THE TOP OF THE BOX” (JERRY SEINFELD).

 

I WAS CALLED TO THE ENGLISH BAR AS A BARRISTER-AT-LAW IN 1970 AND TO THE MALAYSIAN BAR IN 1974… A LONG TIME AGO OR TO PUT IT IN ANOTHER WAY BEFORE YOU WERE BORN. WHEN I WAS A YOUNG BOY I HAD ALWAYS WANTED TO BE A JUDGE, WHICH WAS KNOWN TO MY PARENTS AND SIBLINGS. MY DREAM OF BEING A JUDGE WAS SO I COULD PARTAKE IN UPHOLDING TRUTH AND JUSTICE. I WAS VERY MUCH INFLUENCED BY WHAT CICERO SAID, “ THE SAFETY OF THE PEOPLE SHALL BE THE HIGHEST LAW “.

 

THE NATURAL PATH TOWARDS THAT AMBITION WAS TO READ LAW, LAW SCHOOLS WERE NOT MANY AND THE COMPETITION FOR ENTRY WAS INTENSE DURING THAT PERIOD IN MALAYSIA.

 

I CAME FROM A MALAY MEDIUM SCHOOL AND MY COMMAND OF THE ENGLISH LANGUAGE AT THAT TIME WAS QUITE POOR AND INADEQUATE.

 

WITH THE VISION OF SEEING ME DEVELOP AND GO FURTHER IN MY STUDIES, MY FATHER DECIDED TO SEND ME TO AUSTRALIA TO GEELONG GRAMMAR SCHOOL, ONE OF THE PUBLIC SCHOOLS THERE. THIS EXPOSURE LED TO A GREAT IMPROVEMENT IN MY FAMILIARITY AND COMMAND OF THE ENGLISH LANGUAGE.

 

I DID MY MATRICULATION AND CHOSE SUBJECTS SUCH AS MODERN HISTORY, POLITICS AND ECONOMIC HISTORY, WHICH WAS NOT DIRECTLY RELATED TO LAW BUT DEMANDED A LOT OF READING. ALTHOUGH THESE SUBJECTS MAY BE REGARDED AS DRY AND BORING, I HAD MUCH INTEREST IN LEARNING ABOUT THEM AND ENJOYED THE KNOWLEDGE GAINED.

 

UPON COMPLETION OF MY MATRICULATION, THE QUESTION NEXT WAS HOW WAS I GOING TO GET TO LAW SCHOOL?

 

IT WAS NOT EASY TO GET INTO A LAW SCHOOL IN AUSTRALIA. THE ONLY WAY FOR ME THEN, WAS DUE TO THE OVERALL GRADES I OBTAINED IN THE MATRICULATION WAS TO PURSUE A DIPLOMA IN SOCIAL STUDIES AND AFTER THAT TO MOVE ON TO A DEGREE PROGRAM AT THE SAME UNIVERSITY. HOWEVER, I DECIDED NOT TO, AS EVEN IF I OBTAINED AN LLB FROM AN AUSTRALIAN UNIVERSITY IN THE 60S, THAT LAW DEGREE WOULD NOT ENABLE TO ENTER THE JUDICIAL AND LEGAL SERVICE OR FOR ADMISSION AT THE MALAYAN BAR.

 

DUE TO THIS LIMITATION, I THEN DECIDED INSTEAD TO PURSUE A DEGREE IN ECONOMICS AND POLITICS IN MONASH UNIVERSITY. AFTER THE FIRST YEAR HOWEVER, I REALIZED THAT THE DEGREE WAS NOT MY CUP OF TEA. (STRANGELY, 25 YEARS LATER I WAS A BANKER AND LATER ON A POLITICIAN. GO FIGURE!). THE MARVELOUS THING ABOUT BEING A LAWYER, EVEN IF YOU DON’T WISH TO BE PRACTICING LAW, IT IS STILL FLEXIBLE ENOUGH TO ALLOW YOU TO CONSIDER IT AS A STEPPING STONE FOR A DIFFERENT CAREER OPPORTUNITY.

 

AFTER THAT STINT IN MONASH, I MANAGED TO CONVINCE MY FATHER THAT ECONOMICS AND POLITICS WERE NOT MEANT FOR ME. AFTER MUCH DELIBERATION, MY FATHER AGREED FOR ME TO PURSUE MY LIFE AMBITION TO READ LAW IN THE UK.

 

DURING THAT PERIOD, ONE COULD PRACTICE LAW BY COMPLETING THE BAR EXAMINATIONS. UNLIKE TODAY, WHERE IF YOU HAVE AN INTENTION TO OBTAIN YOUR BAR QUALIFICATION YOU HAVE TO COMPLETE YOUR LAW DEGREE BEFORE YOU CAN PROCEED TO DO THE BAR OR CLP IN THE CASE OF UK LAW GRADUATES.

 

SINCE I DECIDED TO PURSUE LAW, I HAD TO SIT FOR MY A-LEVELS. I CHOSE THE SUBJECTS, ENGLISH LEGAL SYSTEM, ECONOMIC HISTORY AND RELIGIOUS STUDIES (CHRISTIANITY). IT SHOULD BE NOTED, FOR STUDIES IN CHRISTIANITY, I DID NOT HAVE ANY TUTOR OR LECTURER AND HAD TO DO MY OWN SELF-STUDY. ALHAMDULILLAH, I PASSED ALL THE SUBJECTS INCLUDING THE SUBJECT ON CHRISTIANITY!

 

IN RETROSPECT, THE SUBJECTS I CHOSE TO STUDY IN AUSTRALIA AND SUBSEQUENTLY FOR MY A- LEVELS IN THE UK PROVIDED ME WITH GOOD GROUNDING AND FOOTING WHEN I PURSUED MY CALLING FOR LAW.

 

AFTER I PASSED MY A-LEVELS, I WAS ACCEPTED TO READ MY BAR AT MIDDLE TEMPLE. IN THE BEGINNING, I HAD PLANNED TO ENROLL INTO GRAY’S INN BUT THE MALAYSIAN STUDENTS’ DEPARTMENT IN LONDON HAD ADVISED ME TO CHOOSE LINCOLN’S INN BUT SOMEHOW I FINALLY DECIDED ON MIDDLE TEMPLE. IN 1970 I WAS CALLED TO THE BAR AS BARRISTER-AT- LAW OF THE MIDDLE TEMPLE. I RECOLLECT, MY MASTER WHO WAS A SENIOR BARRISTER REFUSED TO SIGN MY ADMISSION CALL PAPERS AS A “FIT AND PROPER” PERSON TO BE CALLED ON THE BASIS THAT I HAVE NOT SEEN HIM AND LEGITIMATELY SAID HE COULD NOT POSSIBLY CERTIFY ME.  I PLEADED AND GAVE MY GROUNDS FOR MY FAILURE. HE WAS GRACIOUS ENOUGH TO ACCEPT MY EXPLANATION AND SIGNED MY CALL PAPERS.

 

FOR YOUR INFORMATION, I GOT MARRIED IN MY SECOND YEAR AT MIDDLE TEMPLE. (MANY OF MY FRIENDS GOT MARRIED WHILE STUDYING LAW). FOR THAT REASON WHEN I CAME BACK TO MALAYSIA I WAS IN A HURRY TO LOOK FOR A JOB.

 

MY FATHER FIXED AN APPOINTMENT FOR ME TO SEE THE SG. I WAS PRIVILEGED TO BE INTERVIEWED BY THE THEN SOLICITOR GENERAL OF MALAYSIA, DATO SALLEH ABAS AS HE THEN WAS. DATO SALLEH ABAS LATER BECAME THE LORD PRESIDENT OF MALAYSIA AND CAME TO BE KNOWN AS TUN SALLEH ABAS.

 

MY FIRST CHOICE WAS TO BE A DEPUTY PUBLIC PROSECUTOR BUT I WAS INSTEAD ASSIGNED TO THE ATTORNEY GENERAL’S CHAMBERS TO GO THROUGH FILES AFTER FILES AS PART OF THE TRAINING AT THE JUDICIARY.

 

I WAS SENT TO SIT NEXT TO MAGISTRATES OR TO WATCH HOW TRIALS AND HEARINGS WERE CONDUCTED. I WAS APPOINTED AS A FULL-BLOWN MAGISTRATE, ONE MONTH AFTER THAT! APPARENTLY, THERE WERE NOT ENOUGH MAGISTRATES, SO I WAS TOLD. MY FIRST COURT SITTING AS MAGISTRATE WAS AT BUKIT MAHKAMAH. THE FIRST DAY WAS QUITE TRAUMATIC, AS WE WERE NEVER TRAINED AS JUDICIAL OFFICER OR MAGISTRATE. SADLY, THE COURTHOUSES WHERE MANY OF US STARTED OUR CAREER WERE DEMOLISHED TO MAKE WAY FOR MODERN BUILDINGS. IN PLACE OF THE COURTHOUSES NOW STANDS MENARA MAYBANK.

 

I WAS ASKED TO SIT ON THE BENCH WITHOUT ENOUGH TRAINING AND EXPERIENCE AND I WAS TOLD THAT THE COURT INTERPRETER WOULD ASSIST ME ON THE PROCEDURES. LET ME SHARE WITH ALL OF YOU HERE THAT MAKING DECISIONS AND SENTENCING CAN BE VERY TOUGH AND A DAUNTING TASK FOR A YOUNG JUDICIAL OFFICER. MANY OF THE THINGS TASKED UPON US AS DPPS OR MAGISTRATES WERE MATTERS AND EXPERIENCES NOT TAUGHT IN LAW SCHOOL. WE LEARNT EITHER THROUGH OUR SENIOR COLLEAGUES WHO WERE DILIGENT AND HELPFUL OR THROUGH TRIAL AND ERROR ON THE JOB. DESPITE THESE CHALLENGES, I PERSEVERED WITH THE GOAL TO DELIVER JUSTICE AND THE QUEST TO DO SO ONLY GREW STRONGER WITH THE MUCH LEARNING I GAINED THROUGH THEM.

 

I CONTINUED TO BE A MAGISTRATE FOR THE NEXT SIX MONTHS AND THEREAFTER I WAS TRANSFERRED TO TEMERLOH COURT. ADMITTEDLY, I WAS SURPRISED AS IT HAPPENED IN SUCH A SHORT PERIOD. I WAS ASSIGNED AS PRESIDENT OF THE SESSIONS COURT WHERE I WAS GIVEN A BIG HOUSE WITH A BIG COMPOUND AND I MUST ADD AN EERIE PLACE TO LIVE IN. I WENT ALONE.

 

AS FATE WOULD HAVE IT, NOT LONG AFTER I ARRIVED, A MASSIVE FLOOD HIT TEMERLOH. MY DUTY AS PRESIDENT OF SESSION COURT WAS TEMPORARY SUSPENDED AS THE FLOOD DISRUPTED EVERYTHING; NORMAL DAILY WORK AND ROUTINES CAME TO A COMPLETE HALT. DESPITE THIS CALAMITY, THE SITUATION PRESENTED ME WITH THE OPPORTUNITY TO HELP THE LOCAL COMMUNITY AND HARNESS MY SKILLS IN MANAGING PEOPLE AND EMERGENCY SITUATIONS.  I ACTIVELY PARTICIPATED IN HELPING THE UNFORTUNATE; THOSE AFFECTED BY THE FLOODS AND WERE APPOINTED IN THE EMERGENCY FLOOD COMMITTEE. THIS EXPERIENCE ACCORDED ME THE CHANCE TO MINGLE WITH OTHER OFFICIALS OF THE GOVERNMENT, LEADERS AS WELL AS MEMBERS OF THE LOCAL COMMUNITY. IT WAS TRULY A GOOD EXPOSURE AND EXPERIENCE FOR ME, WHICH I CONSIDER TRULY MEMORABLE.

 

 

WHAT AFTER LAW SCHOOL?

FOR MOST, LAW SCHOOL CAN BE THE ULTIMATE GOAL. HOWEVER, ONCE YOUR GRADUATION COMES CLOSER AS IS THE CASE, IT MAY DAWN ON YOU, THE FUTURE MAY NOT BE SET OUT SO CLEARLY.  THIS IS INTENDED TO MAKE YOU PANIC OR WORRY BUT JUST SHARING MY OWN EXPERIENCE AFTER THE FINAL BAR EXAMINATION. AT THIS STAGE I LIKE TO NARRATE THE OBVIOUS AND MUNDANE STORY WHEN ENTERING THE LEGAL WORKFORCE.

1) WHERE DID YOU GRADUATE?

·       MALAYSIAN UNIVERSITY 


·              OVERSEAS UNIVERSITY

Ø BAR IN ENGLAND (TAKE THE BAR EXAM)

Ø CLP IN MALAYSIA

 

2)    TO BECOME A LEGAL PRACTITIONER, LAW GRADUATES (BE IT FROM MALAYSIAN OR OVERSEAS UNIVERSITIES) MUST UNDERGO A 9 MONTHS PUPILLAGE/CHAMBERING ATTACHMENT WITH A LEGAL FIRM AND BE CALLED TO THE MALAYSIAN BAR THEREAFTER.

3)    CAREER CHOICES: (NOT NECESSARILY WITH LEGAL)

·       GOVERNMENT SERVICES

Ø JUDICIARY 


 

Ø DPP 


Ø FEDERAL COUNSEL 


 

Ø SENIOR ASSISTANT REGISTRAR 


Ø RESEARCH DEPARTMENT
 


Ø LEGAL ADVISOR

 

Ø DO (MUST UNDERGO THE JPA EXAM) 


·              PRIVATE SECTOR

Ø LAWYER (SMALL OR BIG FIRM) – SPECIALIZED (A FIRM WILL CONSIST OF LAWYERS IN DIFFERENT FIELDS OF PRACTICE, SUCH AS INTELLECTUAL PROPERTY, ACCIDENT MATTERS, CRIMINAL, CIVIL (GENERAL AND BANKING), LITIGATION, CONVEYANCING, CORPORATE.


Ø LEGAL ADVISOR IN COMPANIES/CORPORATIONS  


 

·       ACADEMIA 


Ø IF SHARING KNOWLEDGE AND TEACHING LAW IS YOUR PASSION, YOU SHOULD TAKE THE ACADEMIC ROUTE.  OF COURSE TO BE A LAW PROFESSOR IS NO EASY TASK. THUS THE NEED FOR YOU TO START PREPARING RIGHT AWAY. IN THIS REGARD, IT IS A GOOD IDEA TO FIND THE FIELD OF LAW YOU WANT TO SPECIALIZED IN AND START CONTRIBUTING EXCELLENT ARTICLES. THIS MEANS YOUR STUDIES HAVE NOT ENDED, YOU NEED TO CONTINUE TO INVESTIGATE, POSTULATE, AND WRITE ARTICLES THROUGHOUT YOUR CAREER AND POSSIBLY YOUR LIFE IN AN ACADEMIC JOURNAL (LAWYER MONTHLY). 

·         POLICY MAKING 


·         POLITICIAN 


Ø MANY MINISTERS/MEMBERS OF PARLIAMENT IN MALAYSIA COME FROM A LEGAL BACKGROUND

Ø SOCIAL ACTIVIST – THOSE WITH PASSION FOR HUMAN RIGHTS AND EQUALITY.

 

·     JOURNALISM


 

Ø IF YOU LOVE DISSECTING CASES, LAWS, OR LEGAL PROCEEDINGS, BEING A JOURNALIST IN THIS FIELD IS A CONSIDERATION. IT ALLOWS YOU AN OPPORTUNITY TO WRITE ABOUT ALL THINGS LAW RELATED. IN MANY INSTANCES, YOU WOULD HAVE AVAILABLE AT YOUR DISPOSAL LEGAL RESOURCES AS A SOURCE OF REFERENCE FOR YOUR RESEARCH (E.G. CLJ, LEXIS NEXIS, LAWYER MONTHLY)

 

Ø  BEING A LAW GRADUATE SHOULD SEE YOU AS ONE WHO IS WELL READ, NOT JUST IN TERMS OF LEGAL MATERIALS BUT IN VARIOUS AREAS OF KNOWLEDGE, ACADEMIA AND LITERARY GENRES. JOURNALISM MAY BE AN OPTION FOR THOSE WHO HAVE A LOVE FOR LANGUAGE AND WRITING (BE IT CREATIVE OR CRITICAL WRITING).  

 

·     ENTERTAINMENT


Ø  IT CAME TO OUR KNOWLEDGE RECENTLY, OF A LAW DEGREE HOLDER WHO CONTINUED HER STUDIES IN ART AND PERFORMANCE AND IS CURRENTLY EMPLOYED AS A GAME DESIGNER WITH GOOGLE. (BANUN IDRIS). THIS GOES TO SHOW THE POSSIBILITIES FOR DIVERSITY FOR THOSE WHO READ LAW ARE ENDLESS.

Ø  THERE ARE MANY ILLUSTRIOUS INDIVIDUALS WITH A LEGAL BACKGROUND WHO DID NOT PURSUE A CAREER IN LEGAL PRACTICE, E.G.,: (1) YM RAJA TEH MAIMUNAH RAJA ABDUL AZIZ, WHO IS NOW THE CEO OF AM INVESTMENT BANK. SHE GRADUATED WITH LL.B (HONS) FROM THE UNIVERSITY OF EAST LONDON; (2) RAJA DATO ZAMILIA RAJA MANSURE, WHO GRADUATED FROM LEICESTER LAW SCHOOL, UK. SHE IS CURRENTLY THE VICE PRESIDENT, GROUP CORPORATE COMMUNICATIONS FOR FELDA GLOBAL VENTURES.

 

4) FURTHER IMPORTANT POINTS

 

·     WORK ETHICS

Ø LORD CLARKE OF STONE-CUM-EBONY, 14 SEPTEMBER 2011 IN HIS LECTURE TO MALAYSIAN JUDGES SAID, ‘ ETHICS HAS BECOME A TOPIC OF MORE AND MORE IMPORTANCE IN ENGLAND IN RECENT YEARS…’A HOT TOPIC MUCH DISCUSSED IN MANY JURISDICTIONS…’ MANY OF US THEN WERE NOT TAUGHT ADVOCACY AND NOBODY WAS TAUGHT ETHICS (DITTO). HE UNDERLINED IN THAT SPEECH THE IMPORTANCE OF ETHICAL BEHAVIOR IN THE COURTS AND ESPECIALLY AMONG ADVOCATES.

Ø IN EVERY PROFESSION, A HIGH LEVEL OF WORK ETHICS AWARENESS AND PRACTICE IS OF UTMOST IMPORTANCE. MORE SO FOR THOSE IN THE LEGAL PROFESSION – THERE IS THE EXPECTATION OF A HIGHER STANDARD OF MORAL, ETHICAL AND PROFESSIONAL GROUND, VALUES AND INTEGRITY.

 

Ø LAWYERS ARE SEEN AS THE BEACON OF UPHOLDING THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. THEY ARE PERCEIVED AND SEEN AS THE ADVOCATE AND DEFENDER OF JUSTICE, TRUTH AND ALL THAT IS ETHICAL AND UPRIGHT. IT IS A TALL ORDER, INDEED, AND AS IT SHOULD BE. IT IS IDEAL FOR LAW STUDENTS, GRADUATES AND LAWYERS, IN WHATEVER FIELD THEY PURSUE, TO HAVE THIS MIND SET AND SELF-AWARENESS IN ALL THE VARYING ROLES THEY TAKE ON. ‘ THE ADVOCATE’S DUTY TO THE COURT IS NOT JUST THAT HE MUST NOT MISLEAD THE COURT, THAT HE MUST ENSURE THAT THE FACTS ARE PRESENTED FAIRLY AND THAT HE MUST DRAW THE ATTENTION OF THE COURT TO THE RELEVANT AUTHORITIES EVEN IF THEY ARE AGAINST HIM…’   

 

·     TIME MANAGEMENT

Ø TIME MANAGEMENT IS CRUCIAL, ESPECIALLY SO IN THE WORK FORCE. AS LAWYERS, YOU WILL BE EXPECTED TO JUGGLE YOUR TIME BETWEEN UNDERSTANDING BRIEFS BEFORE YOU, CONDUCTING AND ATTENDING MEETINGS, RESEARCH, PREPARING PAPERWORK AND OPINIONS ON THE SAME. THE ABILITY TO TIME MANAGE MUST BE PRACTICED AND HARNESSED AT THE EARLIEST STAGE POSSIBLE, FROM SCHOOL TO UNIVERSITY. IT IS A TOOL THAT WILL HELP MINIMIZE STRESS AND THE FEELING OF BEING OVERWHELMED WITH THE MANY OBLIGATIONS AND RESPONSIBILITIES THAT COME WITH STUDIES, WORK AND LIFE.

 

·     EMOTIONAL INTELLIGENCE

Ø THIS IMPORTANT ASSET AND TRAIT TO HAVE. INTELLIGENCE ALONE WILL NOT SUFFICE AND THE ADDED EQ WILL GIVE YOU AN ADVANTAGE AND EDGE OVER ANOTHER WHO LACKS SUCH QUALITIES. EQ ASSISTS WITH JOB PERFORMANCE, LEADERSHIP SKILLS AND OVERALL SUCCESSFUL INTERACTION WITH OTHERS. IT CREATES A CHAIN REACTION OF MORE OUTSTANDING INDIVIDUALS BEING BORN AND PLAYING GREATER ROLES IN SOCIETY AND THE SMALLER FAMILY UNITS. BETTER INDIVIDUALS, BETTER WORLD.

 

·     COMMUNICATION AND INTERPERSONAL SKILLS

Ø THIS IS PERHAPS ONE OF THE MOST IMPORTANT AND NECESSARY SKILLS REQUIRED OF A LAWYER. WITHOUT SUCH ABILITIES, LAWYERS WILL NOT BE ABLE TO FULLY DISCHARGE THEIR DUTIES EFFECTIVELY. INTERPERSONAL SKILL IS AN ESSENTIAL TOOL TO FACILITATE INTERACTION AND COMMUNICATION WITH OTHERS. THIS SKILL COUPLED WITH COMMUNICATION IS KEY IN UNDERSTANDING AND EXTRACTING FACTS AND ISSUES BEFORE YOU, AS WELL AS BUILDING RAPPORT WITH YOUR CLIENTS OR BUSINESS AND OPERATIONAL TEAMS. THESE ELEMENTS ARE REQUIRED FOR THE LEGAL PROFESSIONAL TO BE ABLE TO DISCHARGE HIS OR HER DUTIES WELL AND IN THE BEST INTERESTS OF THE CLIENT OR ORGANIZATION HE OR SHE IS REPRESENTING.

 

 

 

·     RESEARCH SKILLS

Ø FROM THE BEGINNING AND THROUGHOUT YOUR LEGAL CAREER, RESEARCH IS AN ABSOLUTE NECESSITY. BEING A LAWYER BRINGS WITH IT A CONSTANT LEARNING CURVE AND JOURNEY. RESEARCH SKILLS ARE ESSENTIAL AND THIS IS WHERE TIME MANAGEMENT AND USE OF TECHNOLOGY ARE OF GREAT IMPORTANCE, AS LAWYERS (IN WHICHEVER FIELD YOU UNDERTAKE) ARE REQUIRED TO DO SO UNDER TIME CONSTRAINTS AND REQUIREMENTS. USE OF TECHNOLOGY WOULD INCLUDE RESEARCH THROUGH VARIOUS ONLINE RESOURCES SUCH AS LEXIS NEXIS, CLJ, MLJ, FORMS AND PRECEDENTS AND MANY MORE.