The Soul of Lawyers

When he qualified as a lawyer, he was like any other young lawyer — attracted to the alluring world of corporate and shipping practice.

He was a young associate in the then Khattar Wong & Partners. The stalwarts of the firm, senior lawyers Sat Pal Khattar and Abdul Rashid Ghani, encouraged him to practise criminal law. They said, ‘Do not worry too much about billings. Learn as much as you can.’

One month after his admission to the Bar, he stood before a District Judge in the Subordinate Courts to conduct his first criminal trial. The District Judge probably had no idea of the fears and apprehension going through the mind of this young lawyer. Neither did he guess that this young man was going to become a well-regarded criminal lawyer.

This young man needed some guidance during his trial. He walked into the Subordinate Courts Bar Room. He met a group of senior criminal practitioners. Their encouragement and support gave him strength that day.

There is an elderly Malay cleaner in Republic Plaza who never fails to smile and say ‘terima kasih’ (thank you) every day to this criminal lawyer. He replies to her, ‘Machik, kembali. Ada baik?’ (‘You are welcome, auntie. Are you well?’) She persists. What do this Malay lady and this Indian lawyer have in common? They are worlds apart. He speaks some decent Malay and she speaks very little English. He did one kind gesture for her son five years ago and she has never forgotten him since.

Many young and young-at-heart lawyers perform such service for CLAS. What is CLAS? For many of us, we have only heard of it once during the Postgraduate Law Course. The Criminal Legal Aid Scheme or CLAS was set up by a group of lawyers for individuals who are charged with criminal offences and cannot afford legal representation. A pool of about 361 volunteer lawyers represent these clients during their trials. They are not paid any professional fees. 703 applications for criminal legal aid were received by CLAS in the year 2004. Of these, 111 applications were accepted. 41 cases were acquitted or had charges amended by the Attorney-General’s Chambers. The significant role played by CLAS in our criminal legal system is constantly recognised by the United States Department of State Annual Country Reports on Human Rights Practices.

That young man, Shashi Nathan, is now a partner in Harry Elias Partnership. He heads the firm’s Criminal Law Practice Group. His practice consists predominantly of defending clients charged with white-collar crimes. ‘White collar crime work is challenging whilst I am fascinated by the unique personalities of my “blue-collar clients” and the surprises that unfold during their trials.’

Although the practice of criminal law has its perceived hurdles, it brings with it a lot of personal satisfaction and eternal gratitude from clients, according to Shashi, a founding member of the Association of Criminal Lawyers. ‘It is not always about winning or losing a case. It is about striving for justice.’

When I met him during a busy weekday lunch hour, Shashi shared that service to people and humility are crucial qualities of a lawyer. ‘Lawyers must give back to society and to the legal system. This is part and parcel of our professional duty to our society,’ he said firmly. Shashi believes that lawyers’ humane approach to the practice of law and their willingness to do pro-bono work epitomises the sanctity of the ancient, noble and dignified legal profession. His absolute belief and the importance he places on these personal principles are constantly reiterated during our interview.

As a child, Shashi read a lot of books, a habit that has now become his bedtime ritual and which has turned him into a voracious reader of one book per week. It was during his readings that he became intrigued with criminal law.

‘CLAS plays a pivotal role in criminal law practice.’ Shashi is one of the top CLAS volunteer lawyers, having had conduct of 20 CLAS cases. ‘When senior lawyers encourage and support their associates to do work for CLAS, they fulfil two objectives. Their lawyers receive good training in criminal law practice and the important work of CLAS continues.’ According to him, CLAS creates opportunities for young lawyers to learn the ropes to build a solid criminal practice. They are taught mastery of facts and their cross-examination skills are honed. And of course, it is good karma!

Shashi recounts the experience of a young female lawyer who was assisting him in a CLAS case. On the day of the trial, the female lawyer informed him that her supervising partner had refused to let her attend the trial. He spoke to the supervising partner who was adamant about his decision. Shashi had no choice but to conduct the trial alone.

As lawyers, we are expected to fulfil three objectives — be responsible to members of the public, sustain a profitable practice and find personal satisfaction and happiness in our work. Which is the more important role?

‘I recognise that law practice is a business — billable hours and revenue are important. But is that the only end result? Let us not forget that law is a helping profession and some of its entrenched values are our role and contribution to society,’ he reiterates. The Japanese meal before him and the noise of the other patrons in the crowded restaurant do not disturb his thoughts. The only interruption was the intermittent ringing of his handphone.

Shashi acknowledges the significant role played by his seniors in moulding him and his law practice — his former bosses in
KhattarWong and the management of Harry Elias Partnership.When he joined Harry Elias Partnership in 2000, he was impressed by the priority the partners placed on their criminal law practice. ‘Harry Elias is a patriarch of CLAS and he encourages his associates to volunteer in CLAS. These men took a bold stand that helping the less fortunate in society is as important as making money in law practice.’ The support of the management is important as some CLAS trials can last for as long as 20 days.

One such case, which Shashi defended in 2000, is the High Court case of Public Prosecutor v Samad Samion. The accused, who had been charged with raping his own daughter, was acquitted after a long trial.

When conducting a trial, Shashi has before him just a single sheet of paper. The paper consists of some circled issues of fact that guide him in the conduct of the trial. He hardly takes notes personally, preferring to digest the evidence and use the facts to question the witness.

He attributes the value he places on kindness and helping people to improve their lives to his late father who passed away three years ago. ‘My father was generous in giving himself and his time 
to others.’

Married last year, he and his wife, Geraldine, have a hectic social life to balance with their work. The criminal lawyer also has many other passions — he loves to cook for his friends, play golf and is a computer ‘gamer’.

He is happy to note that more law graduates are now keen to practise criminal law. ‘There are a number of female criminal lawyers. However, there is a social stereotyping of criminal law with male lawyers. Clients seem to be more comfortable with male lawyers. The gender of the criminal lawyers is secondary. All you need is passion and the burning desire to make a difference to people and to the society we live in. Grasp the opportunity to do criminal work with both hands. You will enjoy the strong camaraderie of the criminal law Bar,’ he says invitingly.

In this 20th year anniversary of CLAS, Shashi is honoured to have had the opportunity to serve CLAS. He renews his commitment to CLAS. He also hopes to see more applicants qualifying under the CLAS means test and more senior lawyers taking the lead in CLAS.

Rajan Chettiar

Rajan Chettiar & Co

E-mail: rajan@rajanchettiar.com

In September 2005, CLAS celebrates its 20th anniversary. If you would like to make a donation to CLAS for the continuation of its good and worthy work, simply write a cheque to ‘The Law Society of Singapore’ with ‘donation to CLAS’ on the reverse. The Society thanks you for
 your generosity.