TRANSITIONING FROM ACADEMIA TO PRACTICE by Ms. Julia Tang

Transitioning from Academia to Practice:

We often forget that the study of law is vastly different from the practice of law. What we learnt in law school is but only a fraction of what law is in reality. It is no surprise then that the whole body of law cannot be learnt in a lifetime.

Being a fresh young lawyer I can honestly say that my knowledge of the practical workings of law is limited. However, my academic knowledge of law is probably superior to the former. I often chastise myself for not knowing certain legal aspects but quickly remind myself that this is something new to be learnt while practicing as a lawyer. More often than not, these ‘legal’ aspects are more procedural than anything else. These were not taught in law school and can only be learnt during our chambering days and practice.

Another handicap if I may say so that prevails among Malaysians is the unwillingness to ask questions or rather fear of being ridiculed and embarrassed. Similarly chambees and young lawyers may face this situation in their working lives. A simple example is the use of abbreviations and acronyms in our line of work. Terms like MOB, OIT, LA, etc. abound in practice.  However, not every young chambee may realise the meaning of these terms. Thus the misuse of these terms is rampant. A senior lawyer once related to me the story of how a chambee prayed for “OIT”, obviously not realizing that the prayer was for “Order in Terms”. This mistake was made because his or her Master had scribbled the words “OIT” without further explanation of what this meant. Similarly this chambee neglected to ask what it meant, or was probably embarrassed to ask the simple question:  what the acronym meant. So he or she promptly went to Court and proceeded to “OIT”.

The simple gist of that illustration is this: we need to stop fearing and learn to ask more questions. Of course this is not an invitation to be mollycoddled because some questions can be readily answered by self-research on legislation, journals, internet etc. Maybe once in awhile, just once in awhile, senior lawyers may reflect on their own journey to where they are now and the very fact that they too started off somewhere. Everyone has a starting point but along the way we tend to forget this simple truth. Chambees and young lawyers are just at the beginning of their careers. Mistakes are bound to happen. Of course I am not asking for a simple slap on the wrist when that happens. However, it would be encouraging to know that senior lawyers do empathize with their positions and are ready to lend their advice instead of a gruff retort when questions are asked. The relationship between junior-senior lawyers needs to be strengthened by the willingness of both sides to ask and answer. Hierarchical barriers need to be broken down for a stronger cohesion between all members of the Bar. If anything, at least we can all minimise the risk of “OITs” being littered in our courtrooms. 

by JULIA TANG