Lawyers Around the Globe

I have been fortunate to know many foreign lawyers in the course of my education, my law practice and more so through my work in the Law Society. Interacting with foreign lawyers is one way to grow professionally. Their varying experiences culled through the practice of law in their country are rich, refreshing and interesting.

The first ‘foreign lawyers’ I met when growing up were American actors who were pretending to be lawyers on television. They were good looking, immaculately groomed and articulate. Somehow, these legal dramas never showed the heavy stress and the mountains of work real life lawyers face. Life’s realities are not glamorous enough for Hollywood. I am still waiting for the day when a team of lawyers will be pitted against another to solve legal problems in a lawyers’ reality show.

I will always remember the character, Atticus Finch, in To Kill a Mockingbird – a strong, committed white lawyer, full of unwavering justice, standing up for a black man in a racially prejudiced America of the 1950s. As a literature student at 15, I was bowled over – that must be an honourable job, to seek justice for the disadvantaged and throwing all caution to the wind, I thought.

The other person who left a deep impression is English barrister, Andrew Gordon Saker, my mentor when I was studying the Bar Finals in London. He is a tall dapper man with a foreboding sense of calmness etched with a hard wisdom. He had a lawyerly charisma, which was inspiring.

I have just met a delegation of family law and dispute resolution practitioners from Malaysia. I have always found my Malaysian lawyer-friends a lively lot. It is easy to understand why my favourite short getaway destination is Kuala Lumpur. Aside from the comfortable luxury hotels and the never-failing-to-please hawker food, spending time with these friends is therapeutic. They do not take themselves seriously and are easy to please. They are gregarious and their hospitality is unique. They are not afraid to speak out and their ability to laugh and be happy with what life bestows on them is remarkable.

Recently during the POLA Conference hosted by the Law Society, I seized the invitation to meet with the foreign lawyers. At one official lunch, the companions at my table made up a mini-Asean. There was a lively and interesting exchange of ideas and thoughts by lawyers-senators from the Philippines, an enigmatic female Bruneian lawyer and a Thai lawyer. For once, the fine lunch turned out to be secondary. It was comforting to know that lawyers everywhere face the same problems – the never-ending stress of litigation, the difficulty in retaining young lawyers, the economic, social and personal woes of law practice. For many foreign lawyers, the changing political situation of their country has a direct impact on the legal profession. In their practice of constitutional and administrative law, they become politically conscious.

Two of the POLA delegates, Neha Basawaiya and Zhu Hongchao, shared their experiences with me.

Neha Basawaiya 
First female Vice-President of the Fiji Law Society

My career: I have been a litigation lawyer in the largest law firm in Fiji, Munro Leys for the last two years. We are a 14-member firm and I specialise in commercial litigation, tax and competition laws. Most lawyers work the standard nine to five but we work beyond 5pm, which is considered working late in Fiji.

The legal profession: The history of our legal profession goes back to the 1890s. We have 309 lawyers, including 96 legal service officers. Each year, about 26 law graduates qualify as lawyers. We have one law faculty in the University of South Pacific. Most of our judges in the courts are expatriates. Due to the size of our profession, we do not have lawyer-specialists.

My work in the Law Society: Our Law Society was formed in 1956 and runs on a three-member secretariat. There are eight members on the Council. This is my second one-year term. The Council performs most of the Society’s work. We meet one Saturday every month. I do most of the Council work during weekends or after office hours on weekdays. A lot of our time is spent processing complaints and making submissions on new legislations.

Our concerns: Getting members interested in our activities is really difficult. In a politically turbulent country, our work extends to rule of law issues and constitutional cases. Fiji has the most number of constitutional cases in the Commonwealth.

Sales pitch on Fiji: Fiji, situated in the Asia Pacific region, consists of about 360 islands. We have a small population of about 820,000, largely Indians. The main inhabited islands are Vitilevu and Vanualevu. Our national languages are English, Fijian and Hindi. We are a cosmopolitan society. The tallest building is only 10 storeys high. I was really excited to see the skyscrapers in Singapore. This is the first time that I am on the 67th floor of a building (The Equinox). We are an agricultural country, with sugar being our major commodity. Unemployment is very high. People tend to move to countries such as Australia and New Zealand to find work. We have a high crime rate especially for offences against property. On the other hand, the prisons are in a deplorable condition. The Fiji lifestyle is slow and laid-back. Our climate is humid, ranging from about 22 degrees to 34 degrees, but our food is great, especially the seafood. We have much sun, sand and culture.

Zhu Hongchao
Vice-President, All China Lawyers Association
Past President, Shanghai Law Association

About myself : I am a native Shanghainese. I have been in practice since 1982. I work in Shanghai United law firm with 50 lawyers. I practise company law and civil litigation. I enjoy being a lawyer for the challenges it offers.

Our Law Association: We are self-regulating. Our members are also part of the legislative. We are now calling on our lawyers to keep up with the rapid changes that China is undergoing.

Our concerns: We have four main concerns. First, our law firms are small and not advanced. Our concept of partnerships is traditional and not open. Second, there are 8,000 lawyers in Shanghai. This is the total number of lawyers in the whole of Hong Kong, yet, there is more work for lawyers in Hong Kong than in Shanghai. Our newly qualified lawyers do not have sufficient work. Our total gross income is less than that of a big international law firm. Third, demand for lawyers exceeds supply. This raises the question of how clients’ interests should be protected. We need to balance this with the commercial interests of the lawyers. Finally, we have to focus on building up the spirits of lawyers. Their interests have to be safeguarded. Some of our criminal lawyers are beaten up or jailed by 
our police.

Issues facing the All China Lawyers Association: There is a large disparity between the lifestyles of the lawyers working in the city and in the villages. These villages need to undergo major economic growth. We need to extend our full assistance and co-operation to them.

Public perception of lawyers: We enjoy a good reputation in the eyes of the public.

Law practice in China: The pace of practice is very fast. Our legal procedure is complex. We are stressed by ourselves and by our clients!

Legal aid in China: It is the Central Government’s job to provide legal aid in China. It runs the Legal Aid Centre, which is staffed by government legal officers and assisted by private volunteer lawyers.

Entry of foreign lawyers into China: There are about 90 foreign law firms operating from China. The competition is building up. I think we should look at it positively. The Chinese lawyers have an advantage of a longer history in China. Although the loss of business for us is inevitable, we do have more clients. We can learn better management skills from the foreign law firms, which will help us to run our law firms better.

Sales pitch on Shanghai: It is a great place to live and work. I am very happy and proud to be a Shanghainese. We are ready to play a large role in the legal profession. Although lawyers are generally not good managers, we are getting more advanced in this area. I am happy to say that my own law firm has good democratic management.

Rajan Chettiar

Rajan Chettiar & Co

E-mail: rajan@rajanchettiar.com