Stronger Than a 90s Trend: Musings from 30 Years of Practice
“I watched you grow up Nicholas!”
These ringing words from Justice Judith Prakash have remained imprinted in my head, during a Judicial Volunteers’ lunch that took place sometime in 2023. She was “retiring” from the Bench then and I had said to her I would miss her quirky neologism from the Bench, which often makes one feel a little inadequate (but in a good way, YKWIM).
But she would remain sitting in the Court of Appeal, and I assured her that I would look forward to seeing her then.
What I meant to say was, that I would miss her “taking care” of me which happened on the first day I stepped into her court room during motion day one Friday morning a rather long time ago in the mid-90s (around the time when the Lions were crowned Malaysia Cup champions).
There were a list of matters before her and when it came to my turn, I stood up and said: “May it please the Court, this motion stands in my name … . I appear for the Plaintiff and my learned friend, Mr S appears for the Defendant.”
Mr S proceeded to address the Court and objected to my application because he submitted rather patronisingly, that I had used the wrong format. To which Justice Prakash asked Mr S why he did not contact Mr Aw to register his objections earlier as this could have been resolved before the matter reached her.
“Your Honour, it is not my job to educate Mr Aw,” was Mr S’s response.
By then, I was feeling very concerned about the possible ramifications from this error.
What followed was Justice Prakash rescuing me I think, or perhaps she wanted to teach Mr S a lesson that fateful day. I cannot recall what she directed him to do but his response to her was he did not know how to go about it and sought guidance to which she replied, “Mr S, it is not the Court’s job to educate you!”
Over the years, I have appeared before Justice Prakash in a gamut of matters, and they were usually enjoyable experiences, if you spoke proper English, with the correct enunciation and pronunciation, and of course, in proper court attire.
When I graduated from NUS with a Master of Laws. Justice Prakash was the guest-of-honour at the graduation ceremony and after the ceremony, I introduced her to my mother and we took some photographs which I later sent to her. I was delighted one day to receive a note from her, penned on Supreme Court stationery, thanking me for the photos and sharing with me that her children thought she looked funny in her mortarboard.
This article is not about Justice Prakash. Although I would have liked to write a piece about her, she does lives in the hood and I may still appear before her one day. So maybe next time, but not now.
Rather, this article is about the musings of a lawyer who, over three decades ago on 12 January 1994, together with 74 (I think) others appeared before the late Judge of Appeal Justice LP Thean and was called to the Singapore Bar. Few of us from this vintage remain in practice today.
As a lawyer, there is never an end to learning. The most important lesson I learned last year was, not to try too hard for the client. It may sound odd but I realise that very often, I do go all out to help a client and sometimes, I become too vested in the client’s interest. So the takeaway from 2024 for me is, to do your best but there is no need to try too hard.
The client may be your friend but he or she may turn out to be your worst nightmare. Sounds a bit like a Sun Tzu thing.
I got involved in pro bono work before I started practice and with LASCO in or about 2000, Changi University didn’t exist then and the accused person was generally grateful. The assignment was straightforward – save the life of the accused if you cannot get an acquittal.
Amongst the CLAS cases I have accepted (yes, I was quite active then) there was an occasion when I had to fight for a young man who was a troubled serial molester. Unfortunately, he had a condition and he needed help. He had the mental age of a child and his father asked me to take him away as he could not manage him.
“Sir, he is your son“.
“Yes, but I don’t want him“.
So, what was I to do with this young man?
I attended 10 PTCs before a senior judge and the Judge even joked that my client, the young man, was going around his Chambers in Court 4, touching his female staff!
I managed to persuade the Judge that the young man needed help and not jail time. So he threw it back to me – if I could come up with a suitable care plan for the young man, he would consider.
What on earth is a care plan, I wondered. I made a dash to the Bar room and went to the round table where the senior lawyers were having tea. I asked one of them for help and he explained what I needed to do and how to do it.
I was elated to come up with a structure with a friend from the Court (literally) who managed a home and we devised a care plan for the young man, where he would seek treatment for his condition, continue with his studies and of course, avoid reoffending.
The Judge accepted the proposal and needless to say, it all worked out.
This was one of many cases I worked on where the outcome was gratifying. Along the way, I have received plaques, letters of commendation and certificates of appreciation for the work I did helping those who needed help. After doing this for a long while, however, the novelty of the pat on the back became pointless and irrelevant. It did not add any value to my life.
Maybe I became disillusioned because some people did this for the recognition, or to be revered, or to be a champion. But, to me it is not about others or external acknowledgement. It is about me and how I want to help.
I also stopped doing pro bono work with some organisations because of the red tape and all the layers I must get through just to help someone. I felt it was easier to help someone on my own without having to tell the whole world about it.
As for LASCO, I will soon reach 25 years of trying to save lives. I had planned to retire from LASCO after my last trial in 2018 but the matter is now going before the Court of Appeal. So hopefully I can move on soon. The thing about LASCO work is that while it can be fulfilling, what deters me is the bureaucracy, and with respect, I think change is needed if you want to continue attracting counsel to remain with the scheme.
There was one case that gave me undue stress. I won’t say too much except that I didn’t appreciate that the Registry assigned LASCO lawyers to a certain accused person (who I fought for, for over a year after the conclusion of the trial, to save his life) who alleged in his appeal that I didn’t advise him properly. Whilst the case was dismissed eventually, the accused then made allegations against the Lead Counsel who took the case (I did warn you sir). I felt that volunteers could have been better taken care of. As a result, my mental wellbeing suffered, because I had no one and nowhere to turn to. But fortunately I managed, by sheer resilience to prevail (for more on this, see my article in the August 2021 issue of the Law Gazette).
Then there are your learned friends. Sometimes perhaps, not very learned. And sometimes not very polite or honourable. I like to think these persons are in the minority and I don’t need to say too much as just about everyone will have their own narrative of that learned friend. That said, I strongly feel that as members of an Honourable profession, we must always, always fight our battles fairly and not resort to unkind acts of intimidation and unfair practices.
How does one manage these characters? Quite simply, by killing them with kindness. If you have not tried this, I would like to suggest you give it a go as you may be surprised at the outcome, just like the box of chocolates you receive.
These days, the practice of law, according to my mantra, is wonderfully nonpareil. I suppose one of the joys of doing next to nothing vis, retail work, is that relationships become significantly more joyful and along with it, work is just a by-product!
And the pleasure that comes from not having to check, let alone, respond to emails or phone calls after business hours or at all is something I encourage lawyers to partake in. You will feel edified and very much happier. Along with that, your mental health will improve, as with your general wellbeing. Yes, maybe you will earn less. The question to ask is, what truly matters in your life?
Is it about receiving awards and accolades to make you feel better?
Is it about making as much money as possible?
Is it about seeing your name in a law report or the newspapers?
Is it about being nominated/voted best lawyer?
Are you happy with the current way you practice?
Have you been around long enough to know what fights to pick or not fight at all?
Do you have time for scones with clotted cream and English breakfast tea?
Do you find the time to watch every gorgeous sunset (each is always different, by the way)?
We have but one life. What we do with it is entirely up to us.
To quote “Pure Imagination” from Wonka
“If you want to view paradise
Simply look around and view it
Anything you want to, do it
Wanna change the world?
There’s nothing to it
There is no life, I know
To compare with pure imagination
Living there, you’ll be free
If you truly wish to be.”
