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 forward1. 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.
Source: https://www.malaysianbar.org.my/article/news/legal-and-general-news/members-opinions/the-fear-of-life. Archived at https://perma.cc/PB5Q-EXD6
An earlier version of this article was published by Malaysiakini, archived here.
