Legal profession unattractive in Malaysia?

Malaysia is not a hub for legal services in the region. The best minds are more interested in practising in other jurisdictions where the work and pay is better.

IT’S a funny world we live in. Today’s unalterable truth may be tomorrow’s shibboleth.

For the legal profession in Malaysia, the seemingly unalterable truth is – do not join the profession unless you are prepared to face the harshness of the working conditions.

However, if you persevere, the returns can be very rewarding and fulfilling.

The National Young Lawyers Committee (NYLC) conducted a survey on the working conditions of young lawyers in late 2011, and the results which were recently released can be found at www.malaysianbar.org.my.

It indicates that there is or will be a mass exodus of young lawyers from the legal profession because of the lack of work-life balance, low pay and bad working conditions.

The survey shows that the average starting pay is RM3,000-RM3,500 in the Klang Valley and RM2,000-RM2,500 outside of the Klang Valley – just enough to support the cost of living.

The average working hours are between 51 hours to more than 60 hours a week. Almost all young lawyers work weekends.

This means that, in the Klang Valley, based on the average monthly pay of RM3,250 (RM39,000 per annum, excluding bonuses) and average working hours of 55 hours a week (2,860 hours over 52 weeks), over a year, first-year lawyers are only paid RM13.64 per hour. It is much lower for pupils.

Outside of the Klang Valley, based on the average monthly pay of RM2,250 (RM27,000 per annum, excluding bonuses) and the same average working hours, over a year, first-year lawyers are only paid RM9.44 per hour.

Some recommendations were made by the NYLC to increase the starting pay and improve working conditions.

Some quarters cynically cried out that young lawyers are making demands despite being of low quality.

They say that young lawyers should not demand higher pay unless they have proven themselves.

Pause for a moment and consider what the survey results really mean. Firstly, it means that the profession, as a whole, is not attractive.

Students, when choosing a degree, will second-think pursuing law. Law students may choose not to practise upon completing their law degree.

Some will be driven by passion, but not everyone has enough passion to endure the initial hardship.

The best minds may instead be more interested in other professions. Why isn’t the profession able to retain these talents?

Generally, Malaysia is not a hub for legal services in the region. The best minds are more interested in practising in other jurisdictions where the work and pay is better.

The profession must improve and be the main legal services hub in the region. But the paradox is, to do so, higher salary and better working conditions are also required to attract and retain the best talents.

Secondly, not having an attractive entry point does not augur well for diversity in the legal profession.

The legal profession should be diverse because lawyers are guardians of rights and liberties of people of all gender, races, backgrounds or classes.

The current starting salary and working conditions, by chance or design, targets only a single demographic – fresh graduates, middle or upper middle class, living with their family, and having little family or financial commitments.

A prospective entrant who has dependants would find it hard to pursue a career in law given the low average starting pay, the long hours and the non-existing weekends.

To quote Lord Falconer: “If you don’t catch people when they’re 15 or 16, when it comes to choosing judges 30 or 40 years later, you won’t have the diversity you need to ensure that judges reflect society”.

Thirdly, with the starting salary and working conditions of the legal profession failing to attract and retain talents and not encouraging diversity, legal access would be significantly affected. Legal access also means having access to a lawyer of your choice.

The survey shows that 28.17% of the respondents in the Klang Valley and 15.29% of the respondents outside of Klang Valley are leaving the profession in the next five years and a further 38.73% of the respondents in the Klang Valley and 48.24% of the respondents outside of Klang Valley are uncertain of their future in the legal profession.

These staggering numbers show that lawyers do not want to be lawyers anymore.

Society will be affected because the choice of lawyers would be limited. There will not be a greater pool of talent to choose from for clients or when it comes to the appointment of judges.

The quality will have to be compromised with whatever the supply is. In the long run, it will be detrimental to the legal system in Malaysia.

The results and the recommendations by the NYLC are not unjustified.

It would be convenient to blame the law schools for failing to produce competent graduates. But employers must look at themselves and ask if they have been contributing to this problem.

The unalterable truth of today must be questioned. For employers who are truly concerned about attracting and retaining the best talents, the survey results and recommendations should be taken seriously.

For those who choose to ignore the survey results and recommendations, do so at your own peril.

PUTIK LADA 

By NEW SIN YEW
newsdesk@thestar.com.my

 > The writer is a young lawyer. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column – a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society. For more information about the young lawyers, visit www.malaysianbar.org.my.

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Former badminton star admitted a British barrister-at-law and now an advocate and solicitor of Malaysian High Courts

Raising the bar: Ang showing her admission petition to her father Chin Huat. Looking on is her mother Yoong Lai Chun and sister Annie. 

 

KUALA LUMPUR: She used to be a star in the badminton court but now it is the court of law that beckons gutsy Ang Li Peng.

She has created history by being the first Commonwealth badminton gold medallist to be called to the Malaysian Bar.

The national badminton player overcame the odds, including the language barrier, to achieve her ambition, which seemed like a dream seven years ago.

“I am over the moon. I never thought this day would finally come. Thank God, everything turned out beautifully today. It is amazing, it is like a dream come true,” the 31-year-old said after being admitted and enrolled as an advocate and solicitor of the High Courts in Malaya at the Jalan Duta Court Complex here along with others.

The petition was made by lawyer Tan Sri Cecil Abraham at the Appellate and Special Powers High Court before Justice Abang Iskandar Hashim.

Besides family members and friends, Kuala Lumpur Racquet Club founder Datuk Seri Andrew Kam and Olympic Council of Malaysia honorary secretary Datuk Sieh Kok Chi turned up to show their support.

Ang posing with her gold medal at the 2002 Commonwealth Games in Manchester.

 

Ang, who read law in Britain and has been a barrister-at-law at Middle Temple since last November, said she wanted to become a lawyer because as a badminton player, she believed in fair play and justice.

But the road to success was not an easy one. She managed to do her A-levels at the age of 24 and had to overcome her struggles with the English language.



“I did not speak good English. I could not even construct a sentence properly,” said Ang, who had studied at a Chinese medium school.

“That is why I'm very pleased for being able to graduate with a British law degree. I kept practising and will keep practising,” she added.

Ang, who is now pursuing her post-graduate studies in law in London, said she still had a lot to learn.

“The transformation from one court (badminton) to the other is challenging but I will continue to work hard and focus on being a better lawyer,” said the former doubles champion, who plans to specialise in corporate law.

She said it was very tough to study A-levels seven years after completing her SPM examinations.

“Going back to school was really tough. There were times when I wanted to quit.

“But I decided to remain steadfast with the support of family and friends. Determination is the best way,” said Ang, who retired from professional badminton at the age of 21 after winning the Commonwealth doubles gold in Manchester.

By FLORENCE A. SAMY The Star/Asia News Network