Legal Advocacy

The Basic Skillset of a Lawyer

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Marketing, business development, making Tik Tok videos, getting featured or profiled here and there, and such matters are things one does purportedly for attracting legal work. These are not skills for producing high-quality legal work. They are an enervating distraction, especially to the development of a young lawyer’s legal abilities. For myself, there are 4 basic skill sets every lawyer must possess: the ability to read, write, speak and think. I know anyone literate can …

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Preparing questions for examining witnesses beforehand

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From the beginning of my practice, whenever I prepared for a trial, which meant the examination of witnesses, I wrote down all my questions beforehand. Whether it was an examination-in-chief or a cross-examination, I wrote down every question for every permutation of answers I anticipated from a witness. Preparing questions for examination is a feat of imagination which requires creativity, empathy and anticipation. I like preparing early to allow opportunities for new or better ideas …

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The time I saw a law book fly

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It happened one morning in the Jalan Raja Sessions Courts. I was in my early years of practice; second or third year. The judge that presided over the court I appeared in was known for his eccentric and erratic behaviour. He would try to sell his magistrates and sessions court decisions to any unwitting and soft-hearted lawyers. His desire to distribute his trove of treasured judicial thoughts however lost out to his desire for compensation …

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Written Advocacy Tip: Break it down

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Legislation is not an easy read, even for lawyers and judges. Sometimes I feel it is made difficult out of thoughtlessness, habit or a policy to make the law inaccessible to the general public; which applies at a given moment depends on my mood and whether the teh tarik is still hot. Laws are meant to apply to everyone, so like day follows night, it should follow that laws should be framed in a way …

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To argue or not to argue?

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I once had a dilemma; it was when I conducted a criminal appeal in the Court of Appeal. It was for a charge of drug trafficking, an offence punishable with death by hanging. The appellant (a person appealing against a decision) was caught when he arrived at the Kuala Lumpur International airport after flying in from an African country. The police officers arrested him after he cleared passport control because he behaved suspiciously. He arrived …

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