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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PAS spiritual advice to women who did not cover up deserve to be raped!

PETALING JAYA: A four-year-old video recording of PAS spiritual adviser Datuk Nik Abdul Aziz Nik Mat saying women who did not cover up deserve to be raped has gone viral.



Nik Aziz said in the 5.47-minute clip that those who did not cover their aurat were tempting men to rape them. (Aurat is part of the body that must not be exposed in public in accordance with Islamic belief.)

“She did not cover her aurat, and got raped. Serves her right for being raped (dah dia buka aurat, dirogol, padanlah muka dirogol).

“She is selling cheap... her calf, her face, her thigh...rape lah,” he said in his speech recorded four years ago.

The video recording resurfaced on various blogs after MCA president Datuk Seri Dr Chua Soi Lek recently reminded Nik Aziz of his speech about how the eyes were linked to sexual organs and temptations.

Various blogs started to carry links to Nik Aziz's video after Pakatan Rakyat leaders, including Opposition leader Datuk Seri Anwar Ibrahim, labelled Dr Chua as being “anti-Islam”.

Dr Chua had said that he was merely quoting what Nik Aziz had said in his speech made in 2008.

Among the blogs that had uploaded Nik Aziz' infamous speech are justread-whatever.blogspot.com, stopthelies.my, 1sya.com, and malaysiapeoplevoice.wordpress.com.

In the short speech, Nik Aziz who is also the Kelantan Mentri Besar, said the RM70,000 spent on their campaign to promote the covering of aurat was justified because it also helped check adultery.

“The eyes are inter-connected with sexual organs. Covering aurat automatically reduces adultery, reduces rape, reduces HIV, reduces AIDS, reduces incidents of marriage falling apart,” said Nik Aziz.

Nik Aziz also took a swipe at the media for making such a big fuss over rape cases and number of AIDS cases while at the same time encouraging people not to cover up their aurat.

“You (the media) are the one giving opportunity to the rakyat to expose aurat,” he said.

The malaysiapeoplevoice pointed out that the speech bear evidence to PAS' real ideology, as Nik Aziz had clearly stated that those who exposed their aurat deserved to be raped.

By SIRA HABIBU The Star/Asia News Network

World Bank: Singapore, Hong Kong and New Zealand still ‘easiest’, most business-friendly, Malaysia ranked 12th

Singapore, Hong Kong and New Zealand continue to be the easiest countries in the world to do business in, while local entrepreneurs in developing nations are finding it easier to do business than at any time in the last 10 years, according to the World Bank and IFC's latest Doing Business report. 

The improvement in the ease with which people are saying they are able to do business in the world’s developing countries highlights “the significant progress that has been made in improving business regulatory practices across the globe”, according to a summary of the 282-page report’s findings.

The study looks at 185 countries, and examines such indicators as how long it takes to start a business, and how difficult and time consuming it is to submit tax returns, export or import goods, obtain credit and register a property.

Year's 'most improved'

Topping the list of economies that registered the biggest improvements in the ease of doing business over the past year were Poland, Sri Lanka, Ukraine, Uzbekistan, Burundi, Costa Rica, Mongolia, Greece, Serbia, and Kazakhstan.

Australia moved up to 10th place from 15th, Malaysia to 12th from 18th, and Taiwan to 16th from 25th. (See chart, below.)

Also moving up were the UAE (to 26th from 33rd), Italy (to 73rd from 87th), and the Russian Federation (112th from 120th).

Decliners incuded Saudi Arabia (22nd from 12th), Israel (38th from 34th), Argentina (124th from 113th) and Kenya (121st from 109th).

The report, Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises, is the tenth in the World Bank/IFC’s Doing Business series.

Since the reports were first published, they have recorded “nearly 2,000 regulatory reforms implemented by 180 economies”, a summary of the findings notes, adding that such reforms have resulted in such improvements as a 20-day decline in the average time it takes to start a business since 2005 – to just 30 days, from 50.

And in low-income economies,  “the average [time required] has been reduced by half”.

All of the five countries at the bottom of this year's ranking are in Africa. In descending order, they are the Democratic Republic of the Congo, Eritrea, Republic of the Congo, Chad, and the Central African Republic. Mauritius, in 19th place, emerges as Africa's most competitive economy, while South Africa, in 39th place, was down four places from last year's report.

Officials in such countries might take some comfort in some data included in the report that shows how countries compare in certain areas of business activity, for it reveals that even some of the countries considered the "easiest" to do business in have weaknesses. Although Hong Kong ranks second-easiest overall, for example, it is the 60th easiest country in which to register a property; while the United Kingdom, in seventh place, is the 62nd easiest in which to obtain electricity, behind such countries as Estonia, Chile, Bahrain, Thailand, Malaysia and Brazil.

To view the report, click here.

Ease of doing business rankings 2013
Country	Rank	2012 rank
Singapore	1	1
Hong Kong	2	2
New Zealand	3	3
United States	4	4
Denmark	5	5
Norway	6	6
United Kingdom	7	7
Korea, Rep.	8	8
Georgia	9	16
Australia	10	15
Finland	11	11
Malaysia	12	18
Sweden	13	14
Iceland	14	9
Ireland	15	10
Taiwan	16	25
Canada	17	13
Thailand	18	17
Mauritius	19	23
Germany	20	19

                  World Bank/IFC
Sources: International Adviser

Penang Road Bully

AN assistant sales manager who uploaded a recording of a driver of an MPV allegedly ‘damaging’ the former’s car, has received more than 60,000 hits after it went viral online.

The footage, which lasted one minute and 16 seconds, titled ‘Penang Road Bully’, has been widely circulated on the Facebook in the past week.

Ooi Tze Dong, 29, said he was in his car with his girlfriend Lim Ann Si, 26, and they were on their way back from lunch at 2.30pm on Oct 17 when the incident happened at Lengkok Sungai Dua in Sungai Nibong here.

“We were about to go back after lunch when an MPV blocked our way.

“I honked twice at the driver to move his vehicle but he refused. Then I reversed my car to the back alley.

“I was shocked to see the MPV in the middle of the back lane and the driver demanded that I come out of my car,” Ooi said, adding that there was also a woman carrying a baby in the MPV.

He added that when he refused, the driver of the MPV allegedly tapped his car window and repeatedly kicked the driver’s side door, causing a dent.

Ooi said the man continued the ‘attack’ on his car even after Ann Si had started recording his act.

Take a good look: Ooi (centre) and Ann Si showing Lim (left) the police report and video footage of the incident at the Penang MCA headquarters in Jalan Pahang

 

He added that he then called the police and blocked the MPV from leaving the scene.

“However, the driver came at our car again with an umbrella and started hitting the windshield until it cracked,” said Ooi, adding that he then reversed his car and drove to the Sungai Nibong police station where he lodged a police report.

Ooi said he had also lodged another report at the Jelutong police station on Oct 22.

Speaking during a press conference at the state MCA headquarters in Jalan Pahang yesterday, Ooi said he was disappointed that no action has been taken yet against the driver of the MPV despite both his police reports.

“The officer in charge of our case advised us to settle the matter by discussing with the driver of the MPV but I just want the driver to pay the cost of my damaged car which had come up to RM5,000,” he said.

State MCA Public Services and Complaints Bureau deputy chief Lim Thoon Deong said that the police should be more professional in handling the case instead of merely ‘advising’ the victim to settle the matter.

“This is considered as attempted assault and the police should be more serious in curbing these ‘road bullies’ by bringing them to justice,” he said.

When contacted, George Town OCPD Asst Comm Gan Kong Meng said the case was being investigated under Section 427 of the Penal Code for committing mischief and damage.

He also said the officer-in-charge of the case is expected to refer the matter to the deputy public prosecutor’s office by next Monday for further action.

By HAFIZ MARZUKH The Star/Asia News Network

Asian tour golf stars return to Malaysia CIMB Classic

PETALING JAYA: The talented trio of Kevin Na, Charlie Wi and Noh Seung-yul are taking trips down memory lane when they compete in the US$6.1mil CIMB Classic at the Mines Resort and Golf Club during 25-28 October, 2012
.
Malaysia has been a happy hunting ground for the trio, who have all won tournaments here when they featured on the Asian Tour previously before moving on to the PGA Tour.

The 40-year-old Wi claimed the first of his seven Asian Tour titles at the 1997 Kuala Lumpur Open before establishing himself as one of Asia’s top golfers with six more victories, including the 2006 Malaysian Open.

Na, a Korean-American, enjoyed his career breakthrough by winning his maiden professional title at the 2002 Volvo Masters of Asia in Malaysia while the gifted Seung-yul has since emerged as one of the Asian Tour’s greatest talents in recent times.

Seung-yul has been touted as a potential top-10 player in the world and is currently training under swing guru Sean Foley, who is also the coach of 14-time Major champion Tiger Woods.

Former world No. 1 Woods will headline the CIMB Classic along with title holder Bo Van Pelt and inaugural champion Ben Crane.

The slender Seung-yul produced an impressive rookie season on the PGA Tour this year, notching three top-10s and 13 top-25s. He has also made 17 consecutive cuts on the PGA Tour dating back to April.

Seung-yul, who started hitting golf balls on the beach near his home when he was seven, said competing on the Asian Tour laid the foundation for his rapid rise in the game.

Sanctioned by the PGA Tour, Asian Tour and Professional Golf Association of Malaysia, the CIMB Classic will see a top class field of 48 players competing for the US$1.3mil winning purse.

The tournament will feature 30 players from the PGA Tour and the top 10 available players from the Asian Tour’s Order of Merit. Eight sponsors’ exemptions will make up the rest of the field, with two places reserved for Malaysian professionals. - The Star

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