President's Message

 

Old Times and Young Ones

In 1955, on the occasion of the official welcome given to John Whyatt, the new Chief Justice of the then Colony of Singapore, Mr R L Eber spoke about the importance of encouraging young lawyers at the start of their careers: 

‘There are very many young members of the Bar today. I believe our Bar numbers about 125, and a large number of them are very young. These young lawyers, my Lord, on the threshold of their profession, will need encouragement and gentle treatment. I say that unreservedly, because, my Lord, sometimes a young practitioner may come to Court, and, through sheer nervousness, gives the impression that he has not prepared his case. My Lord, we all look to the members of the Bench to assist these young lawyers too in their profession. I was young once, and I know what it feels like when one first appears before the Bench. And I have very lively recollections even now of my first appearance before Sir William Hyndman-Jones, a very great person on the Bench. I was certainly very frightened of him.’ 

The incoming Chief Justice agreed and proposed that the Bench and Bar co-operate ‘in a spirit of mutual confidence for the determination of the issues which come before them. All serve the Court and the Court serves justice.’ 

The Bar today, 50 years later, is 28 times larger. This may partly explain why young lawyers probably feel even more lost and more nervous, than their counterparts then. Certainly, it is a frequent complaint from young lawyers that they feel either neglected or put upon by their seniors and that all too often in court they are given a difficult time — with a Bench that is sometimes efficient to the point of brusqueness, short and sharp with them in a way that multiplies nerves and diminishes effectiveness. 

Doing something about this is a key priority. 

Times change of course and we cannot expect the gentility of a past age to endure forever. But some things should not change, and if they do change, must be restored. The administration of justice depends on advocates speaking up for their clients, on their clients having confidence that their advocate is being heard and on the Bench having and showing confidence in the Bar. 

A lot of the work of the Advocacy Committee has focused on training advocates how to gain and keep the confidence of the court, even in the face of an initial scepticism and occasional sarcasm. This work must continue. 

But there is one new development that promises an opportunity to invigorate the ties between Bench and Bar. The Society is this year taking part in the Subordinate Courts Workplan process. Our practice committee chairs are working very hard together with Peter Cuthbert Low to prepare for this. We are hopeful that this involvement will become an institutionalised bridge between Bench and Bar in the important work of the subordinate courts. In this way, the familiar liaison work of the practice committees can be transformed into something deeper and more meaningful — by our participation and engagement we intend to secure for the profession as a whole the respect and confidence that it deserves. 

Whenever an advocate speaks in court, he or she should feel that they do so standing on the shoulders of all the advocates that have come before them. The work we do continues to make immense difference to the lives of our clients, even if we must adapt to a culture that limits discretion and emphasises consistency by the application of benchmarks. 

A lot of this is serious and hard work — for which the profession must stick together and persevere. But some of that traditional camaraderie lives on in some fun pursuits, not least on the sports field. The Society organises numerous sports competitions throughout the year, but the showpiece event is the annual Bench and Bar games. This year it will be in Kuantan at the end of April. That’s a good time of year to be there. Not all of us are sportspersons, but the games are not just for our Olympians. There’s a lot of socialising, cheering, ribbing and drinking that, apart from being fun, helps to build ties — not just across the Causeway but also across the generations and between Bench and Bar. 

So another priority for the year is to regain the Judges’ Cup. And thus make tangible our spirit of co-operation.


Philip Jeyaretnam, SC
President
The Law Society of Singapore