I had previously wrote and posted several articles on this web log with regards to issues involving local law graduates, one judge’s comment on the quality of practicing lawyers and the abolishment of the CLP system. Those posts seem to have incited quite a response from the readers.
Many related issues are brought up in the comments strain of those posts, and perhaps that since we live in the good old Malaysia, where all races are living in ‘harmony’ as propagated by the government, all will eventually boils down to topics of racism, discrimination and impractical ideals.
Below is a thought provoking comment made by my fellow ‘local university’ (emphasis added) mate, Zaim.
Zaim wrote:
1. I understand that you would want to achieve your so called justice by eliminating discrimination. But regretfully, discrimination is not the word for the process if not the system that Malaysia is practicing that you have referred to. It’s called affirmative action. Every where around the world, affirmative action has been part of a country’s system. Read up topics on equality, then you’ll come across the notion on affirmative action. It is a cross cultural thing. Not just in Malaysia.
Affirmative action is practiced either explicitly like Malaysia, the U.K., the U.S. of A or implicitly like Singapore.
Equality is not a straight forward thing, like everyone deserves everything kind of situation. It goes down to the history of the country, the policy, convention etc
Well, we can propagate ideals of total/positive equality. But can we put ideals into life? We can aspire for them. When you practise as a litigation/criminal lawyer, or serve as a general civil litigation/criminal judge, you will realize that ideals will remain ideals. Justice is a state of mind. We could work for it. But talk is cheap. Life’s a bitch. You deal with it.
Tell me one country which is so ideal as to not have a shadow of affirmative action and/or discrimination.
You think it’s easy for Asians to thrive in the US of A or even the U.K.?
Don’t you know that most of homogeneous countries like Japan, China or Korea are very racist towards foreigners in terms of sharing their piece of economy? Bigotry is harmful enough, but racism is another level.
2. The news on Common Bar Exam has been actually going around since the year 2004 or so. So it is no surprise that it’ll be soon implemented. In fact most final year local law students are reminded of the exam; and perhaps further abolishing the ethics exam. So, I think it’s futile to discuss further the need for local law graduates to “prove themselves”. It shall be implemented soon. The exam board is garnishing the final touches. I am pretty sure they’ll be hiccups somewhere along the roads. Aren’t all brand new system like the CBE like that?
3. as for local law graduates who are lucky enough not to have to go through CBE, not all of them are grotesque.
“The standard of lawyers, ~~~~~most of whom graduated from local universities~~~~~, range from the good to the grotesque, says a senior judge.”
Read “range from good…” (with emphasis added)
and “The standard of lawyers…most of…” (with emphasis added)
The grotesqueness applies to overseas law graduates too. There are, and I’ve “personally” encountered throughout my not so long practising life, overseas law graduates who are not “as bright”. One lawyer argued with me on “what is preparation for trial is all about”! But I don’t judge her [a lady lawyer from an established firm] based on which university she graduated from [where you could always discover from the Malaysian bar website, a UK university btw], but her lack of procedural knowledge. And there are senior lawyers who happen to have a very bad foundation in law. And I’ve struck off their case for simply not having a locus standi on an “ORAL” Preliminary Objection without any reference to authorities. And later, I found out that one of them graduated from an Australian Uni, another from the UK.
So, it is an irresponsible generalization made by Gopal Sri Ram towards local graduates. Remember Metramac decision he gave in his Court? Think.
4. What is with the rhetorics of downgrading the local graduates? By the end of the day, it is your ability to unravel the novel issues of laws, and not which university you came from. There are many local graduates who happen to be very good like Dato’ Shafee from UM, Mr Karpal of Nat Uni of Spore (Spore used to be part of Malaysia at the time), etc It is the years of practise that makes a caterpillar a butterfly. Instead, I do not want to name names as to which senior overseas law graduates lawyers are grotesque.
5. And, are you a law student? Or even close to anything legal, because, lawyers do not speak the way you did. I would understand if you’re still a student and/or an academician. You would easily appreciate my points if you’re in practise. And this coming from a local law graduate.
Regards,
Zaim.