Tuesday, July 10, 2007

Work Reflections

I have been kept very busy at work at the moment so thought it would be appropriate to reflect on some of the lessons I have learnt at work, my present trepidations and future hopes. This entry may involve different strains of thoughts criss-crossing one another, but I shall try to not ramble on too much.

Just as I started practice, I was imparted with a few valuable words of advice which are still imprinted in my mind. I can see that the practice of law is a neverending learning journey; there is always something new to learn, a new point of law and the law is dynamic and fluid. Hence, I was told that I should try to read as many law journals as and when they come out, to continue learning the law.

Thus, I try to read the latest supplement to the Malayan Law Journal (MLJ), Current Law Journal (CLJ), All Malaysia Reports (AMR) whenever they come out. I also try to flip through the Singapore Law Reports, and the Weekly Law Reports. All these issues come in easy-to-read bite-sized chunks. At the very least, I read the head notes and the ratio decidendi, and if the case deals with an area of law which I am interested in, I then try to read the entire case. Imagine the knowledge and the confidence you will gain, if you start reading every single issue of the MLJ, CLJ and AMR that comes out when you first start practicing, by at least absorbing the bare-bone decision and the reasoning behind the decision. Of course the aim is to eventually read these issues cover-to-cover each time they come out, although I can't quite do that yet. But time and time again, when a legal point crops up, my mind flashes back to the cover page to a case, I roughly remember the points held in that case, and then it's much easier to search back for that case.

It is also equally important to ensure that you gain a commercial awareness in your practice of law. I had to start off by forcing myself to read The Edge every weekend. While others may breeze through the entire issue, I struggled through some of the articles but I soldiered on and it has gotten easier. I have also now picked up the habit of checking through the Kuala Lumpur Stock Exchange website on a daily basis, to see the announcements made on the public listed companies. Again, at my level, I mainly check it to see the familiar names of clients or the companies we are suing/which are suing our clients, in order to be appraised of the going-ons in the corporate sector. The Edge website is also bookmarked, with its daily updates, and it has really helped to apply a commercial mind when dealing with my files.

Well, those are some of the practices which I aim to continue on with. But what about the present? I have been satisfied with the progress which I have achieved thus far. Again, like I was taught before and which I find true, everything you read or learn will never go to waste. Time and time again, I see these interlocutory applications I have drafted, an opinion I've glanced through, a recent case which has come out in the MLJ, all this adds to a pool of knowledge which I draw upon time and time again when a new brief comes in and the facts suddenly trigger you to think back to a principle of law, or a specific case, or a Summons in Chambers which I have drafted before. Honestly, sometimes I am just overwhelmed by how much there is still to learn. Even when lawyers specialise into narrower field of practice, there is still just so much to pick up and to improve on.

I glance back to a few weeks ago, and I managed to complete a few days of trial at the Magistrate Court all on my own. In about a weeks' time, I am excited about going to the Court of Appeal to argue by myself. It will be to oppose a minor application, which I will likely lose based on the facts, but still, it will be in front of the panel of 3 Court of Appeal judges. Yet, all this excitement of advocacy and making submissions, is tempered by the fact that I know that I struggle through some of my deficiencies. Having not taken company law in my LLB, my understanding of certain areas of company law, or even some of the basic principles, is patchy. With a lack of accounting knowledge, I am lost when I stare at financial statements and I have to advise clients on a capital reduction exercise.

A friend of mine is also leaving the unit, and he has always been a senior which I could turn to and ask for help with work. I had to always ask him questions when I first started work at the unit. We could bounce ideas across the corridor, as we sat in rooms next to each other. We would shout out our questions and answers on receivers or liquidation through our doors, and in the same breath, talk about the Xbox 360 or basketball. He was so experienced, and now I am supposed to be the senior one in the unit for my juniors to turn to??

My hopes for the future? Well, that this rollercoaster ride continues. I look forward to the sudden dips, the anticipation of climbing up, a few unexpected rolls here and there, but always bringing me faster and faster forward. One of my hopes before I started practice was that I wanted a "shortcut"; I wanted to quickly be an advocate arguing cases, to conduct trials, be able to rattle off cases, and strategise. I realise though that there is no real shortcut to achieving all that, as it involves putting in the time coupled with a lot of hard work. Studying the law, studying the documents and facts, honing your advocacy through getting on your feet, and learning through your mistakes. I am just very grateful that I am in an environment where I am given so much exposure and so much opportunity to grow.

I have barely reached 2 years in this legal journey of mine, but let us see what the future brings.

5 comments:

choohoe said...

Hi Shih,

This is Choo Hoe. We could have met a few times but fleetingly. I am impressed by your outlook of the legal profession and of your open mindedness in embracing the future.

I am also coming to my second year in practice.

leesh said...

Hi Choo Hoe. Thanks for leaving a comment. They were just my honest thoughts on the short time I've had in practice so far. Hope to bump into you in court or at Bar events.

Anonymous said...

Hey there! Good to know you're still as driven as ever. Wah you're appearing at the Court of Appeal aredi- all the best ya!
Must say your blog has become more n more informative-with updates on the profession n pointers like these-i shall keep them in mind..
- munwei

leesh said...

Good to hear from you munwei. Glad you like some of the updates I've been posting on the blog. Will keep the blog updated on the Court of Appeal hearing. It's on Wednesday! Ah!

dict queen said...

have u tried reading the dictionary? maybe that will help with all the law mumbo jumbo that u have to READ everyday

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