Admission of Advocates and Solicitors - Saturday, 18 May 2002

Address by the Honourable Chief Justice Yong Pung How

The total number of persons being admitted today comes to 145. Before today's proceedings, the number of advocates and solicitors in Singapore holding practising certificates for this year stood at 3,218. With the admission this morning, that figure will rise to 3,363.

Singapore At the Crossroads - The Global Economic Matrix

You will all have heard it said that Singapore is now at the crossroads of her economic development. There are a lot of reports and analyses on the economic potential and magnetism of North-East Asia, in particular, China. The consequent worry is that countries in South-East Asia will be sidelined as investors transfer their funds and companies move their operations out of this region to North-East Asia. History has shown, however, that Singapore has always risen to the occasion in the most trying situations against all odds. I am confident that we will once again succeed. The government will set out the broad macro-economic policies. Most important of all, our people must come together as a nation, as we have in the past, to overcome the hurdles before us.

Challenges of Singapore's Legal Services Sector - Under-utilisation of Resources

The judiciary and the legal profession too, have a responsibility in this regard.
A somewhat alarming trend, however, in legal services is developing - in the consistent under-utilisation of valuable resources of the courts and the Bar.

In 1999, 334 court days were lost; this number grew to 346 court days in 2000. The 'lost court days' are usually a result of 11th hour vacation of trial dates because of ill-preparation for trial or settlement by the parties, and lack of cases in the court docket which can proceed for trial. This problem was compounded by the fall in the number of writ actions filed in the High Court. Between 1998 and 1999, there was a drop of 25% in the number of writs filed. This fell by a further 25% in 2000. Now, the daily operational cost of a court is S$7,200. This translated into about S$2.4m in 1999 and S$2.5m in 2000 in wastage of public funds. This loss is not confined only to the judiciary. Looked at from the lawyers' perspective, there is a bigger loss to the litigation Bar as a whole. If the 334 and 346 court days lost in 1999 and 2000 respectively had instead been used for trials, each set of lawyers could have earned about S$6.8m for the two years combined. This is based on an average of a minimum of S$10,000 in costs per day. With at least two sets of lawyers, and in many cases an average of three sets of lawyers involved in each case, the total income, which otherwise could have been earned if the 680 court days in the two years had been used, would range between S$13.6 to S$20.4m. The income lost to the litigation Bar as a whole is also lost to our economy.

Our justice system is rated as one of the most efficient in the world and is envied for having no backlog of cases. The irony is that our tremendous success in case management to clear the backlog of cases and to reduce the waiting period before trial has brought about a unique problem of inadequate use of scarce judicial resources. This problem was well encapsulated in the headline of an article published in The Straits Times on Christmas Day last year. This read, 'Judges waiting to hear High Court cases'. Starkly, the caption below the headline stated '15 courtrooms were empty for a total of 346 days last year because judges clear cases quickly but lawyers cannot keep up'.

A Case for the Optimal Utilisation of Judicial and Legal Resources - An Economic Analysis

This situation has to be arrested. The judiciary monitors the caseload very closely and adjusts the amount of its resources to ensure that the demands on the judiciary are met, while at the same time curbing the incidence of over-capacity. From a peak of 20 trial courts a few years ago, the number of trial courts in the Supreme Court has been reduced to 11 this year. At the same time, there was an increase of about 18% in the volume of writ actions filed in 2001 over the previous year. As a result, cases in the High Court now proceed to trial nine months from the date of their commencement. In the years when we had to battle the problem of the backlog, cases were going for trial six months from the date of commencement. We are now able to set more comfortable court timelines, with the decrease in the number of trial courts coupled with an increase in the number of writ actions filed. However, we should not fall into the trap of complacency and allow a backlog to creep in again. The judiciary's primary duty in the administration of justice is to ensure an effective, efficient and economical dispensation of justice in accordance with the rule of law. An efficient court system is what the litigants and our society expect and deserve.

The judiciary cannot tackle this problem alone without the co-operation of the Bar. As a result of adjustments to the supply of judicial resources, the number of 'lost' court days fell to 164 last year and to 130 to date this year. This means a further wastage of public funds by the judiciary, a further loss of income to the litigation Bar as a whole and a further loss to the economy. The fact of the matter is that the courts are ready and willing to hear cases, but there are not enough cases coming through the system at a commensurate rate. From our detailed study of the caseload in the High Court, the level of judicial resources presently available meets the volume of cases and the time taken to get the cases ready for trial. If the need arises, judicial resources can always be increased easily. Consequently, the capacity of the litigation Bar to generate more income for themselves and the economy is increased. The problem lies in the distribution of these cases among the law firms, resulting in inadequacy in the getting up of many cases in time for an expeditious trial. Let me explain. You must have read numerous newspaper reports on lawyers quitting the profession because of their inability to cope with stress and the courts' tight timelines. More recently, lawyers are quitting the profession because 'they were given the quiet boot', to quote the Law Society President's message in the April 2002 issue of the Singapore Law Gazette. The reality of the situation is that the distribution of litigation work among law firms as well as lawyers is uneven. The big firms dominate litigation business. Within these firms, distribution of work is in turn dependent on the resources available. The fewer lawyers there are, the heavier the workload each lawyer will have to bear. The loss arising is not only borne by the judiciary and the public. There is also a loss of income for the litigation Bar as a whole. This is income which could have been generated if court resources were optimally utilised. Of course, lawyers who take on too much work will not complain that there is any loss of income as they can charge clients for it. However, there are other firms and other lawyers who have the capacity to take on these cases and prepare for trial expeditiously. They simply do not have any or enough work. There is an ironical mismatch of too much litigation work in the hands of very busy lawyers and too little or none of it in the hands of 'hungry' lawyers with a lot of spare capacity. There is hence an aggregate loss of revenue for the legal services sector and the Singapore economy as a result of the lost court days. The problem is more acute presently when the whole economy is experiencing difficult times and when the unemployment rate is at its highest since the recession in the mid-1980s.

This situation does not bode well for the development of a centre for international legal services. Judicial resources are under-utilised and legal resources are inefficiently used or deployed. Many lawyers are unable to earn the income which could have been earned if they were given the work. On the other hand, the legal market is cornered by a handful of law firms who are not able to cope with the influx of work, leading to undue pressure on their lawyers and a consequent exodus of talent from the legal profession. I would urge those lawyers who take on too much work to consider passing them on to others who may not have enough work. In the manufacturing industry, for example, sub-contracting work to contract manufacturers leads to higher efficiency, lower costs and, ultimately, monetary benefits for all concerned. Similarly, work can be farmed out to smaller law firms or lawyers who are less busy. The farming out of litigation work is an accepted practice in the legal profession. Often, Senior Counsel and, on some occasions, Queen's Counsel, are briefed or engaged to conduct trials and appeals. What is now required is for more litigation work to be farmed out by lawyers who are very busy to those who are less so. By doing this, we improve our utilisation of valuable judicial and legal resources.

A diminished litigation Bar leads eventually to a diminished judiciary and a diminished legal system. The judiciary and the Bar must work together to curb this phenomenon and build up a first-rate legal services sector in litigation and all other areas of legal work. Towards this end, optimal market efficiency must be achieved. The vibrancy of our legal services sector should prevail over the individual law firm's interest. In the final analysis, everyone will benefit from a more vibrant and competitive Bar.

Transforming Singapore Into a Vibrant and Competitive Centre for International Legal Services

Since independence in 1965, our tiny island nation has time and time again proven the critics wrong. We have shown that we are not only able to be economically viable as an independent state, but we have risen to have one of the highest per capita GDP in the world. We have achieved this with no natural resources. We have achieved this through the dedication, resilience and diligence of our people, and we will continue to strive for a better future. In a similar vein, our strong legal framework and the well-admired administration of justice are the results of the dedication, resilience and diligence of the members of the Bench and the Bar. You and your seniors, who were called to the Bar before you in this very courtroom, are the key stakeholders in our continuous journey to achieve greater heights of excellence in the provision of legal services. Together, I am confident that we will transform Singapore into a vibrant and competitive centre for international legal services.

Finally, let us not forget that your first and foremost duty as a member of this honourable profession is to uphold the principles of honesty, integrity and professionalism. Wherever the road of life may take you, I hope that you will always hold on to these time-honoured virtues.

Once again, my warmest congratulations and best wishes in your future endeavours.

Address by Mr Montague Choy, Co-chairperson of the Young Lawyers' Committee, Law Society of Singapore

I am Montague Choy, and I am one of the Chairpersons of the Law Society's Young Lawyers' Committee ('YLC'). Ms Helen Chia is my Co-chairperson. We are members of the Council of the Law Society, which is the main decision-making body of the profession.

This morning's reception is brought to you by the YLC. On behalf of the Committee, we take this opportunity to welcome you to the legal profession and to also introduce ourselves to you. We also want to assure you of our support as you embark on this exciting and (most likely) extremely stressful time in your life.

We in the YLC would like to assure you that we are here to support all of you who have recently started practice; and would also like to invite all young lawyers to contribute to and join our Committee.

There is much focus on young lawyers today, especially concerning the high number of departures from the profession. It is, however, not clear if this has to do with changing mindsets of the younger lawyers or the changing face of legal practice.

This year, the YLC is organising a series of informal dinner-time dialogues, where young lawyers will have the opportunity to interact with various practitioners, both 'young' and 'old', who are leaders or pioneers in their field. These events are aimed at facilitating the exchange of information; and the interaction between the 'new' and the 'established' - there is of course much for us to learn from these more senior practitioners; and at the same time we do also think that senior practitioners and managing partners of firms could do with a bit of a reminder, or perhaps even learn something new, about the concerns and difficulties of those who have just started out in practice, especially in these trying times.

I encourage all of you to join us in our activities. It may interest you to know that for every two lawyers in Singapore, one of them is sure to be a 'young lawyer'
(ie someone who has been in practice for less than seven years). And that approximately 30% of all lawyers in Singapore are below the age of 30 years. We form a very significant proportion of the legal fraternity in Singapore and we cannot be ignored.

We are in an excellent position to create positive change and assist the profession in its evolution. Through us, you are assured of a voice on all matters relating to your professional life.

And now, it is my pleasure to call upon the President of the Law Society,
Mr Palakrishan, SC, to give you the Law Society's official greetings.

Address by Mr Palakrishnan, SC, President, Law Society of Singapore

Another photo must: the steps of City Hall

The Honourable Chief Justice, Judges of Appeal, judges and Judicial Commissioners, ladies and gentlemen, friends: I know it is customary to congratulate and welcome all of you, our newly admitted lawyers, on your call to the Singapore Bar but, as has always been my style, I would first like to congratulate all parents and loved ones who are here today to experience this proud moment with us.

You are testimony to what I still earnestly believe is a tremendous moment for every parent whose child has just been called to the Bar, and some evidence, I hope, that the legal profession is still held in considerable esteem and regard in this country.

As for those of you who were called to the Bar earlier this morning, may I just say welcome to the delights and desperations of the legal profession.

I hope today marks the beginning of the rest of your life in this profession, and you greet it with the same amount of enthusiasm and pride that I had, when I was called to the Bar, and continue to have when you reach my age!

Guess who is the newly-called  lawyer? Eric Sim, dad of Edwin,  is the 'younger' lawyer here!

As you would have learned before your six months at the PLC, and a further six months as pupils, your legal learning did not stop when you put on that graduation gown and attended your university convocation. And I'm sure all of you will by now have realised that putting on these unwieldy lawyer's robes and being called to the Bar likewise does not mark the end of the learning process either.

The truth is, the learning never stops. Some of us, of course, have further to go than others; but any lawyer worth his weight will tell you that his journey of learning is far from over, no matter how many grey hairs have sprouted or fallen off his head.

When I say learning, I am not just referring to the knowledge of the law which will stand you in good stead in your practice, but also the learning of people skills, the value in having good management skills, of looking beyond the next pay cheque, the learning that comes not from between the covers of a book, but from hearing a client's tale with patience and compassion, and with the resolve to come up with the best solution to his problem. To me, that is the true learning and growth that a practice in law gives us. An appreciation of not just the intellectual argument, but also the ability to apply it to relieving a client's anxiety - it has to be about 'customer care' after all.

The Law Society of Singapore is headed by an elected Council of 20 practising lawyers, all of whom - with some 30 committees and their members (many of whom you will soon find amongst your colleagues) - are driven by a spirit of public service and the desire to help their fellow members, volunteer their time (and their billable hours) to serve the needs of the profession. And young lawyers are well represented in our Council, making up one fifth of the Council membership.

As your Law Society, we are committed to helping you to respond to the demands of your professional lives on every front. Our activities range from providing a full range of membership services, continued legal education and training, maintaining practice standards and keeping you updated on new procedures and practices through a comprehensive range of publications and our newly launched website.

Like the courts, we too shall be moving from paper to the electronic to bring news and views to you faster and, in a more environmental-friendly way, through our e-bulletins. We are also committed to organising social and recreational activities for our members and public service through our law awareness projects, free legal clinics and the provision of criminal legal aid to the poor.

It is said that every life speaks to the power of what can be done. You, who are standing here today, represent the future of the legal profession in Singapore, and I want to encourage you to take an active role in shaping that future.

You read reports in the press these days about young lawyers who feel 'burnt out' because they are disillusioned or disappointed with practice - but I stand here today to tell you now that it is within your power to effect change, re-model Singapore and make your own professional lives more satisfying and fulfilling for you.

Woodrow Wilson once said that every man sent out from university should be a man of his nation as well as of his time.

I hope that as you gain admission to the Roll today, and prepare to step into your roles as advocates and solicitors, you will continue to give from your lives and from your talents, a high measure of public service to your clients and to our nation to support the course of justice - and never forget your parents and loved ones, who sacrificed much to feel that it is also their day of pride, as much as it is yours.

I welcome you all.

ADMISSION OF ADVOCATES AND SOLICITORS

The Law Society offers its congratulations to the following 145 petitioners who were admitted as advocates and solicitors of the Supreme Court on Saturday, 18 May 2002.