'Reaching Out'

 

Speech by the President of the Law Society of Singapore, Mr Palakrishnan, at the Opening of the Legal Year on 10 January 2000

May it please Your Honours, The Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court.

We have just witnessed the end of a century and we are about to embark on a journey into a new century. This is history in the making, and it is fitting that we mark the occasion of the turn of the century in this historic Chambers, a national monument and part of our national heritage — symbolic of our constitutional developments.  

Today as we sit back, we see that the world is experiencing revolutionary changes. The buzzwords today are global communities, borderless nationalities, knowledge-based economies, an age of learning, indeed a technological Renaissance.

The legal community will be part of this new world. At the heart of its ambition lies the need to find the nexus between this new knowledge-based borderless world and the legal profession, which will determine the latter’s competitiveness on the one hand and its professionalism on the other.

We cannot afford to remain in the 20th century when the rest of the world is forging ahead to a new millennium. It is a time of extraordinary challenge and change.

To meet this challenge and help our members cope with the changing complexion of practice, the Law Society’s mission for the year is one of ‘Reaching Out’: reaching out to our members, supporting them, and reaching out to the community at large, and the world arena. More importantly, we have a goal to connect with our members and the global community to make a difference. 

As I stand here today, on behalf of the Bar, to renew our pledge to assist the courts in the administration of justice, Chief Justice, permit me also to outline the various initiatives to be undertaken by the Law Society this year to enhance the recognition that you, Chief Justice, have brought to the effective administration of justice in Singapore over the past decade, and as an example to the world. 

Each member of our profession, whether young or old, can strengthen the legal profession with his or her unique talent, knowledge and experience, and play a role in building a cohesive legal community whose vision transcends national borders, and thrives in the new ‘knowledge based economy’, towards supporting a world-class legal system.

To do this, the Law Society must take on the responsibility of fostering a legal community that is quick to adapt to the changing needs of the profession and yet, conscious of its paramount duty to serve the greater public interest in the administration of justice, preserves its core values.

With the advent of the electronic filing system, a great challenge faces our law firms. The Society will continue its efforts in assisting its members in the current and upcoming phases of EFS, by way of dialogue with its other partners, and looking into the provision of comprehensive training for not only lawyers but also support staff.

The feasibility of setting up an in-house service bureau at the Law Society and providing a service package to our members is also being explored. This, we believe, will help the smaller practices keep up with the changes that EFS will entail to their litigation practice.

With the infiltration of IT, the scope of legal research and litigation and the acquisition of legal skills and knowledge has been transformed. Even the basic solicitor-client relationship and our performance of legal services have changed. Instantaneous electronic communication has increased the pace of legal practice and has introduced a global perspective. Clients all over the world demand speedier responses from lawyers and other professionals, including on-line services or in some sophisticated variant thereof.

However, it is important to ensure that these, albeit progress, do not affect the affordability of legal services for the lay-client, nor blind us to the core values which lay the foundation for the Rule of Law, and uphold the pillars of justice. The challenge will be for our law firms of the future to harness IT to provide efficient, ethical and yet affordable legal services.

I am pleased to announce that on the Society’s drawing board this year are plans to create a new distinct Advocacy Training Department to assist members improve their advocacy skills, a challenge now posed by the advent of computerised advocacy and electronic documents. 

It is inevitable that the framework within which we render legal services will see a dramatic transformation with globalisation this century.

Law is real and ever-changing and our knowledge of the law must not stagnate. The task ahead in ensuring that world class legal services are provided must entail constant upgrading and updating of our skills. There must be a commitment to life-long learning. To this extent, mandatory continuing legal education is, in my view, a must and it is my further view that we must meet this issue robustly and without fear or rancour. We, as a Law Society responsible for the needs of the nation, will meet this objectively.

The introduction of group practices is now making it possible for sole proprietors and small partnerships to pool resources and hence, save costs, whilst retaining their independence. But small firms, too, must survive as the ‘hole-in-the-wall’ shop has its place to serve the poor and less privileged client or those who require that personal touch.

With the introduction of joint ventures, formal alliances and law corporations into the legal landscape, members will be encouraged to think globally and venture beyond the borders of Singapore. The Singaporean legal community needs to forge ties with and learn from foreign international legal firms. This process of osmosis will enrich the expertise and experience of all concerned.

The Society is honoured this year to have been approached by LAWASIA to partner it in organising and hosting an international conference: the LAWASIA Business Conference 2000.

With the ties which will be forged between our members and their foreign counterparts in Asia and beyond, we shall be doing our part in forwarding the nation’s goal of receiving recognition as an international hub for banking, financial and business services.   

The benefits, implications and practicalities of allowing lawyers to join other professionals in multi-disciplinary bodies or quasi-MDPs to provide a one-stop service have been studied. It is not just an issue for big players in the legal or other professions but is an opportunity for smaller firms to make such strategic alliances. The market — not the regulators — should be the deciding factor as to whether MDPs survive as a realistic form of practice.

With this, new challenges will arise in balancing the independence, dignity and social responsibilities of the legal profession with commercial realities and client expectations. Daunting as it may seem, the legal profession of this century must rise to the occasion.

In the face of these great changes, as President, I shall not neglect the welfare of our members, as it is in the shelter of each other that people live.

To ensure that the highest standards of professionalism permeate throughout the profession, there must be a continuum of strength and support, flowing from one generation to another. A Law Society Counsellors scheme has been set up which encourages experienced practitioners to guide, advise and support younger members facing, inter alia, difficult ethical or etiquette related issues in their day-to-day practice.

Greater participation by younger representatives will not only enable them to gain insight into the Society’s activities and give them an opportunity to inject more zeal and vigour into the new initiatives undertaken by the Society, but also embolden our younger members to take on leadership roles.     

‘Reaching out’ on behalf of our members to help them cope with the wave of changes in the legal profession, will continue to be a goal for the Society. We see ourselves as rendering a supporting hand in this respect.

Foreign lawyers, who will soon form an integral part of our legal community, and non-practitioner members can, in my humble view, make important contributions to our Law Society as they can offer a different perspective to the challenges faced by the profession. Reaching out a welcoming hand to more of them to participate in our committees will enable us to combine and draw from each group’s unique strengths, talents and experience, and become more dynamic in the face of this new century, for the betterment of our profession and our nation as a whole.

The frequency of dialogues with the judiciary, registries and the legal services, including the Chambers of the Attorney-General, through the Council and the Society’s various practice committees has gone some lengths towards helping us address the concerns of our members in daily legal practice as well as to provide feedback to the authorities on improvements to the effective and efficient administration of justice. I welcome the opportunity to continue these dialogues.

It is important that the Society fulfills its social responsibilities to our heartlanders.

Public awareness of the rights and obligations as responsible citizens can be enhanced through the efficient and effective use of technology and the Society’s publications. Up-to-date information on legal changes will be provided through brochures and our website and we plan to work hand in hand with the various media houses as well as the courts and the ministries to facilitate and improve the dissemination of legal information to the public.

The legal profession has been unique in its willingness to engage in ‘pro bono’ work for the less privileged, more so than any other profession and we shall continue to do so in our mission to ensure that access to justice is not denied to the poor. The expansion of our Criminal Legal Aid Scheme to provide a duty-lawyer system is being studied, to facilitate and enhance access to justice for needy members of the public faced with criminal charges, and correspondingly assist in the speedy disposal of cases, wherever possible.

The Society also intends to look into the creation of a panel of mediators and arbitrators to provide another alternative to the public for dispute resolution. This will complement services presently offered by the Singapore International Arbitration Centre and the Singapore Mediation Centre.

There are no impossible dreams, just our limited perception of what is possible.

The road ahead to realising the Society’s vision for this new year is challenging and arduous but with the support of our members, we, as the Law Society, aim to make that difference.

Let us, as members of the legal fraternity, go forward joyously and confidently to meet these challenges and we shall walk better with our eyes before us than with them ever cast behind.

May I once again join my brothers and sisters in the profession, including my non-practitioner friends, in pledging our support to the Bench in the administration of justice, and wish you, Chief Justice, all Judges and Judicial Commissioners, the Attorney-General and all present today an inspiring and productive year ahead on the eve of this new millennium.

Mr Palakrishnan
President
The Law Society of Singapore