The Pursuit of Happiness
Suggestions for a More Fulfilling Practice for Young Lawyers
I was called to the Bar in 1999 – right at the turn of the century. The 20th Century was an eventful one – there were the two world wars, self-government of Singapore in 1959, the independence of our nation in 1965 and mankind stepped on a planet other than his own in 1969 – a mere 66 years after that first historic flight at Kitty Hawk. I was not yet born when any of these happened but much of my childhood was shaped by the constant account of these events. The common theme was that of bravery, perseverance despite the odds and the need to put others before oneself. So there I was in 1999, a newly-minted lawyer facing not just a new chapter in my life, but also the new millennium – and with that the apprehension of what it will bring.
“I’m sorry, Dave. I’m afraid I cannot do that.” – 2001: A Space Odyssey (1968)
I am a huge fan of technology and science-fiction. And there could have been no science-fiction fan in 1999 who had not read Arthur C. Clarke’s, 2001: A Space Odyssey. A book that not only captured the imagination about what technology can achieve, but was also a harbinger of its dangers.
The world in 1999 was, however, faced with a technological “danger” of a more down-to-earth kind – the Y2K bug. This referred to a “bug” in computer coding that stemmed from programmers not having provided for the change in years after 1999. Many programmers had provided for only two digits for the years and after 99, the number would revert to 00 – which would be interpreted as 1900! There was a real sense of panic with some doomsayers predicting the collapse of critical computer systems and even planes falling from the sky! Fortunately, none of that happened. Like the rest of the world, Singapore and the Singapore legal profession took steps to avoid or minimise such disruptions. This was the first impetus for legal professionals in Singapore to upgrade their computer systems.
The next was the Electronic Filing System (better known as EFS) introduced by the Singapore Courts. Lawyers had to invest in computers and scanners. Mandatory e-filing of court documents was rolled out from 1 March 2000. Gone were the days when it was a rite of passage for young lawyers to make the eleventh-hour dash to the Courts to file their court papers minutes or even seconds before the Court registry closed in the evenings. Now, you could file documents from the convenience of your offices. And with that immense convenience, came the new paradigm – work did not stop when the Registry closed, it continued.
The next big thing was the replacement of facsimile communications with emails. Many young lawyers would have noticed that many law firms still have a line in their letterheads stating that they do not accept service of court documents by fax. This was to avoid coming to the office in the morning and seeing hundreds of pages of documents on your fax machine because someone had decided to serve their court papers on you by fax overnight (and the machine would have usually run out of paper). The change to email was a lot more gradual but it happened. And with the advent of laptops in legal practice, another new convenience emerged – you could send and receive communications from anywhere. So now work did not just stop when the office closed for the day, it followed you home!
While the advent of the smartphone made mobile working easier, a major game-changer for litigation practice in recent years was the adoption of video hearings. This was an initiative that the courts had been trying for many years but the technology and the impetus for its adoption only came recently due to the pandemic. Waiting for hours outside the court rooms for our pre-trial conferences and interlocutory hearings was now a thing of the past. Now you could work from anywhere, you could practice without even an office!
The paradox of technology is that while it increased our connectivity, it has also made us more distant. Technology has reduced the need for lawyers to physically interact in our daily practice. Most senior lawyers will agree that an in-person meeting can resolve issues that email communications cannot. In the absence of physical hearings that provided such opportunities, lawyers need to create their own opportunities. More recently, I have noticed young lawyers shying away from speaking to their peers on the opposing side even on the telephone. This is an unhealthy trend that should be discouraged.
In my early years in practice, I dabbled in civil litigation, criminal law, and family law. Eventually in my later years, I chose to focus on civil litigation. The 21st Century saw the start of many changes by the judiciary to litigation practice in the different courts. These changes made it difficult to be a jack of all trades especially as a young lawyer at the bottom of the legal food-chain. However, it remains essential for budding young litigators to dabble in several practice areas (something that the new training regimes mandate) at least in their early years. This will allow you to have a wider and better understanding of dispute resolution work and more importantly, finding what fits you best. Unlike the pre-internet era of practice which I experienced, the courts and many other government agencies have now put up substantial resources on-line which are easily accessible. This makes it easier than before to explore new frontiers in your practice.
While technology has made access to information extremely easy, it has also brought to the fore the recurring need for practitioners to check and ensure that the information that they have is genuine and accurate. The nascent Gen-AI technology of today is facing this issue. Like sifting the wheat from the chaff, the modern-day lawyer has to do a sifting of the mass of information available to him or her to ensure that it is correct. Even the write-up on an official website may not be accurate and the lawyer should check this against the relevant rules and legislation. This is a professional duty to be taken very seriously.
“Justice, as a foundational pursuit in any society, demands an adherence to such values as fairness, honesty and ultimately, integrity. That is why we expect high standards of probity of members of the legal profession …” – Chief Justice Sundaresh Menon
The practitioner, whether he is a disputes or transactional lawyer, must not forget that he is part of the administration of justice and must play his part as an officer of the Court. This is not an easy road. The temptation to cut-corners will always be there especially with the time pressures of modern practice. I was fortunate to work with eminent and respected senior lawyers who taught me the importance of ethics in practice throughout my early formative years in practice. Mentorship of such senior lawyers is therefore extremely important if you are a young lawyer.
No lawyer is born bad. His lapse is often due to being part of a poor ethical environment. Doing the right thing may not get you the results that you want, it may not win over your clients or even your bosses but it makes practice sustainable because you will be at peace with yourself knowing that you are upholding the highest ideals of the profession. But a word of caution to the young lawyer – in your infant years in practice, you should be careful not to jump to conclusions that certain practices are not ethical without checking and consulting with other senior members of the Bar. Inexperience often leads to errors in judgment. The Law Society has done much to provide several mentorship schemes for young lawyers including ethics helplines and one should make full use of them.
“The law is a jealous mistress and requires long and constant courtship. It is not to be won by trifling favors, but by lavish homage.” – United States Supreme Court Justice Joseph Story, 1929.
As a young lawyer, I understood this to mean that the law was a demanding career that took up much of your time – and it did! But the many years in practice made me realise something else. The practice of law is an addiction. When you go above and beyond to help your profession and the community and achieve meaningful change (however small), it gives a sense of satisfaction and happiness that is immensely addictive and fulfilling. Some people call it the release of chemicals in the brain called dopamine and serotonin. I like to think it is because doing good is food for the soul. So, like a jealous mistress (and here I can only speak from imagination!), the law makes you fall in love with it and you willingly pay “lavish homage” to it by giving away that most priceless of all assets – time. So, it is not that the practice of law takes away your time, you willingly part with it – and you would give even more if you could.
Like all things that are worth doing in life, the law requires discipline and hard work. While the law may be fickle in the way it rewards its practitioners, to the artisan of the law, the true reward should not be in winning every case but in achieving a fair outcome for one’s client. This, as I learned, requires many years of hard work and experience – and I continue to learn. There are no short cuts. It is important that the young lawyer does not begrudge working in the trenches – which is essential to learning the art of the craft in any profession worth its salt. A sense of what is fair and just is central to the practice of law. This is critical especially for litigators, who may sometimes be blessed or cursed with a difficult case and a seemingly uphill battle to find justice. It is the idealism of achieving justice that helps one stay the course. It is also what makes this endeavour so special.
Much has been said about sustainability in practice. Steps are being taken to address working hours and creating good working environments. But the real answer to sustainability is in loving what you do. You will continue to do something only if you like doing it. It is important for all of us, especially young lawyers, to connect with what makes the practice of law special. Without finding meaning and passion in what we do, we cannot do the hard stuff.
An Advocate for the Profession, An Advocate for the Community
The Law Society of Singapore was established in 1967. Its mission is to serve its members and the public by sustaining an independent bar which upholds the rule of law and ensures access to justice. Giving back to society is part of the legal profession. Lawyers are pioneers in “pro bono” work long before it became a trending phrase.
I invite all in the profession, especially our young lawyers, to invest in the law and in the legal profession. Many may not realise that the Law Society’s motto is “An Advocate for the Profession, An Advocate for the Community.” We owe it to ourselves and our little red dot to play an active role in our profession and be true advocates not just for our clients but also for our community.
