Reflections on 40 Years of Legal Practice
I was called to the Singapore Bar in 1980 when the Chief Justice of the Supreme Court of Singapore was Wee Chong Jin CJ, the Prime Minister was Mr. Lee Kuan Yew, and the Bee Gees dominated the airwaves. Back then, the largest Singapore law firms had only 30-40 lawyers, and foreign law firms had yet to set up offices in Singapore.
Evolution of Law Practice
Over the past 40 years, I have primarily practised in construction law and arbitration. The evolution of legal practice since 1980, particularly with the advent of technology and in particular the internet has been remarkable. In the early 1980s, the internet, email, and personal computers were unheard of in law offices. Mobile phones didn’t exist, and urgent communications were often sent via pagers, a now-extinct device.
Written communication with clients and between law firms was conducted mainly through post, by hand, or at times via the telex — a machine resembling an electric typewriter that transmitted text messages over telephone lines. Thankfully, the telex was generally reserved for significant transactions and urgent international matters. When email was first introduced to law firms in the early 1990s, older lawyers were reluctant to embrace this new technology, as most were unfamiliar with personal computers. At that time, lawyers would dictate correspondence and advice to their secretaries, who would then type it out.
Today, email and messaging platforms like WhatsApp dominate communication, with messages often sent and received on mobile phones. For lawyers who started practice in the 1980s, there was no choice but to adapt to changes like e-litigation, video conferencing, and remote court hearings if one wanted to remain in practice. The expectation now is for immediate, if not instantaneous, responses to the messages sent. This accelerated pace of communication has inevitably increased the stress and pressure placed on lawyers.
The workload and demands on lawyers have skyrocketed, partly because clients are now more sophisticated and knowledgeable about the law, thanks to access to search engines like Google and AI platforms. Further, the globalisation of law has also had a profound impact on legal practice, particularly in the areas of cross-border transactions and international arbitration. As businesses expand globally, lawyers are increasingly required to navigate complex legal frameworks across multiple jurisdictions and time zones.
In many firms, working past official hours and on weekends has become the norm. This fast-paced, high-pressure environment is not sustainable in the long run. It is well-documented that such conditions can have adverse effects on a lawyer’s mental and physical well-being, leading to burnout, panic attacks, and nervous breakdowns.
The discussion around mental health in the legal profession has become more common in recent years, reflecting a growing awareness of the unique pressures and stresses in this field. Lawyers often work in high-stakes environments where the demands for accuracy, perfection, long hours are great and are subject to constant availability. This can lead to burnout, anxiety, and depression. When the workload, stress, and pressure become too overwhelming and leave little time for social and family interaction, it becomes crucial for lawyers to reassess their priorities and consider whether these demands of their career are worth the severe and adverse impact on their health and well-being.
Transition from Practice
In such cases, a lawyer might choose to transition to an in-house counsel role within a commercial firm or explore job opportunities in non-legal fields. Alternatively, taking a break to rest, recharge, and realign their life and work priorities could be beneficial. This time off can provide the necessary space to evaluate and reconsider their career path and make informed decisions about their future.
Leaving practice can sometimes lead to unexpected rewards. Many lawyers have left legal practice and found success in new careers. For instance, Selena Tan, the comedian and actress; Tan Min-Liang, the CEO and co-founder of Razer Ltd; and chef Willin Low of Wild Rocket Restaurant fame are all former lawyers who thrived and made a name for themselves outside of law.
Having a foundation in legal practice and practising as a lawyer before transitioning to another field adds invaluable expertise and confidence. Legal training hones skills like analytical thinking and risk assessment, which are crucial in roles such as business management or regulatory compliance. The discipline and rigour of legal practice also prepares you to handle complex situations with precision, whether managing a corporate project or leading an academic research team.
Should you choose to return to legal practice, the insights gained from experiences in areas like business strategy in the commercial arena can enhance your effectiveness. For instance, understanding market dynamics and how decisions are made from a business perspective can improve your approach to commercial legal issues allowing you to better understand your clients’ perspectives, while academic experience can deepen your expertise in specialised legal fields. This broad perspective and enhanced skill set will make you a more well-rounded and insightful lawyer.
In my case, after my first three years in practice — mainly in litigation, although I also handled various types of solicitor’s work — I found the practice of law all-consuming, leaving me little time for family and friends, particularly for my father, who was terminally ill at the time. When a real estate developer client offered me the opportunity to join his company as Group Property Manager, I decided to leave practice and joined him to manage the company’s commercial properties and oversee the new hotel and shopping complex projects.
This experience provided invaluable insights into the workings of the real estate industry. Working with colleagues and other professionals from non-legal backgrounds offered fresh perspectives on work and life, making the change both welcome and refreshing. I also realised that the commercial world is much larger than legal practice, offering just as many opportunities. It was humbling to discover that legal services are often dispensable with business people unless disputes arise which cannot be amicably resolved or transactions are too complex to be handled without outside counsel.
When I returned to practice two years later, I was wiser, with a clearer understanding of both myself and the commercial world. I was more focused on succeeding as a lawyer and had a renewed determination to eventually start my own law firm specialising in construction law. My work experience and the contacts I had made in the real estate industry proved invaluable in this regard. This experience made me realise that stepping away from practice, even briefly, can lead to renewed clarity and positive outcomes.
Consider Specialist Area of Law
For those committed to a long-term career in legal practice, specialising in a specific area of law — whether it be criminal, intellectual property, construction, insolvency, family, admiralty, banking, or a corporate specialty — can be highly advantageous and should be seriously considered. Cultivating a genuine interest and passion in your chosen field not only makes your work more engaging but also transforms it from a routine grind into a fulfilling and rewarding pursuit.
With expertise and specialisation, you may contribute articles to legal journals or publications on developments in your area of law and receive invitations to speak at seminars. From my experience, being known as a specialist in a particular area of law makes it much easier for potential clients to distinguish you from other generalist lawyers. Achieving peer recognition for your competence and specialisation demands time and dedication, but it is crucial not to underestimate its value. Ex-classmates, former colleagues, and other legal practitioners should not be viewed merely as competitors; they can become your strongest advocates, especially when they are unable to act for clients due to conflicts of interest or when specialised advice is required. Being known as a sector expert and maintaining a strong reputation among peers increases the likelihood that they will refer opportunities your way.
In contrast, for lawyers who do not specialise, competing with generalist lawyers can be challenging as clients often base their decisions mainly on the fees chargeable. There will always be lawyers willing to charge lower fees for general work and it is difficult to compete on fees alone. To address the growing need for specialised expertise, the Singapore Academy of Law has introduced a Scheme for accrediting lawyers in specific fields such as admiralty, building and insolvency. This list is still growing. It may be a good idea to seek accreditation as this not only highlights your expertise but also differentiates you in a competitive market.
In my case, I chose to specialise in construction law because of my early exposure to and interest in this area during my initial years in practice. My time in the real estate industry further fueled this interest. Upon returning to practice, I focused on construction law, giving talks to industry organisations and starting my firm’s newsletter, “Construction Law Focus,” on the latest developments in this area. Over time, our firm became recognised by fellow lawyers and the real estate industry as a specialist in construction law. Eventually, we narrowed our focus exclusively to this field, which was unusual in the early 1990s when larger firms did not yet have construction law departments.
In 1990, I was invited to be a part-time lecturer in legal studies at the School of Architecture, National University of Singapore. I planned and developed the syllabus for my course, lecturing for 10 years. It was refreshing to interact with students from a non-law background, and I occasionally encounter former students, now practising architects, who are surprised that I am still in practice.
My interest in construction law also led me to write books on the subject and draft the Real Estate Developers Association of Singapore (REDAS) “Design & Build Conditions of Contract”, a standard form of building contract used for private sector projects in Singapore. This involvement in the construction and real estate industries eventually led to my appointment as Honorary Legal Advisor to REDAS, the Singapore Institute of Architects, and the Singapore Institute of Surveyors and Valuers. From my experience sustained interest in a particular area can lead to industry and peer recognition, although this takes time.
It is also my observation that many new lawyers regard the compensation package offered as the main criteria for joining a particular firm. In my view this may be a little short-sighted. What is equally important is whether he will be meaningfully exposed to his intended area of specialisation and be given the opportunity to specialise. This opportunity of exposure and gaining work experience in a specialised field is invaluable and is not offered in any law school.
Interests Beyond Practice
It’s also essential to develop interests outside of work. Engaging in activities unrelated to law can provide a more balanced perspective on life. For example, involvement in non-profit or charitable organisations, or volunteering in pro bono schemes run by the Law Society and Pro Bono SG, can offer a sense of fulfillment, knowing that you are using your skills to help others. This allows you to give back to society in a meaningful way.
Relations with Clients
Regarding client relationships, it’s worth noting with caution that mixing clients with friends can be challenging. Ideally, you should keep these relationships separate. If you do choose to act for friends, you might consider not charging for your services to avoid potential conflicts. Friendships can become strained if clients who are also friends are dissatisfied with your services or fees. I have lost some friends this way. Conversely, developing personal friendships with clients may complicate the professional relationship, especially if a friend-client requests a discount on your fees. This can put you in a difficult position if you grant the request as it may be unfair to your partners or other clients.
Looking back over the past 40 years, I have found legal practice to be both challenging and rewarding. Few careers offer such a diverse range of roles, from teaching, writing, and arbitrating to managing a law firm. Ultimately, each lawyer must balance the rewards and challenges of practice and decide whether it is the right path for him. For me, being part of a law firm where I have a say in its direction and management, having the freedom to choose my area of practice, and not answering to unreasonable bosses (although clients can sometimes take that role) makes the challenges worthwhile.
