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With reference to Attorney-General Abdul Gani Patail's statement that lawyers should serve the public including people who may not be able to afford legal fees ( The Star , July 26), I would fully support it.

In fact in the Legal Profession Act 1976, it is clearly stipulated that the purpose of the Malaysian Bar is to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour; to protect and assist the public in all matters touching ancillary or incidental to the law; to assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors, amongst others.

In line with these objects, the Malaysian Bar set up Legal Aid Centres. Through these Legal Aid Centres, the Malaysian Bar and lawyers do provide advice and representations to those who cannot afford lawyers, to those who do not have a lawyer in criminal cases, and also to those who are victims of human rights violations.

At present, all chambering pupils are required to participate in this legal aid programme for a minimum of 14 days during their chambering period. This "mandatory" requirement gets these future lawyers to commit time and energy to serving the public, especially the poor and the unrepresented for the required 14 days — but alas, it has been my experience and observation that after this period of mandatory commitment to legal aid, the majority of these pupils (and lawyers after they are called to the Bar) do not come forward to involve themselves in legal aid matters, either through the Legal Aid Centres and/or on even on their own.

In fact out of the over 10,000 lawyers in Peninsular Malaysia, the number of lawyers, according to my observation, that do legal aid cases, pro-bono cases and community work is only about 500. This is a sad state of affairs.

The root of the problem, according to my experience, is that law graduates are only given training in the subject of law, but are not instilled with social awareness, civic consciousness and a sense of justice and compassion during their period of studies at the law schools. In fact, the root of the problem goes back to the very education that they receive in their schools.

The banking methodology employed in our education system instils students with knowledge and skill, but not values and principles. Many today want to become lawyers and doctors, not because they want to serve the larger community and the cause of justice — but because these professions are perceived as stepping-stones to wealth and status.

Mandatory community service for those just admitted to the Bar, as proposed by the Attorney-General, or the inclusion of community legal service within the Certificate in Legal Practice programme, as proposed by de facto Law Minister Dr Rais Yatim, or the 14-day "mandatory" legal aid service requirement by the Bar Council, will not solve the problem.

After these mandatory periods of service, lawyer seldom come back to assist the poor and unrepresented voluntarily and without compulsion.

Realising this problem, the Bar Council Legal Aid Centre (Kuala Lumpur) has developed an orientation program, which place the emphasis on developing and re-awakening a sense of compassion and justice in the hearts and minds of lawyers.

This six-hour programme, which is attended by all pupils in Kuala Lumpur, also strives to develop critical thinking, social awareness and civic consciousness among these future lawyers. It is hoped that the seeds planted in their hearts and minds will grow and make lawyers more committed to giving time and energy in the service of the public, especially the poor and oppressed.

A lawyer becoming committed to community work and justice is but one aspect of the problem. Another aspect is the access to those who really need the services of lawyers. It is hoped that the learned AG and minister, will play their part to bring about legislative or constitutional reforms that will guarantee the right of a suspect to at least one phone call and also the right to be able to consult and be represented by a lawyer from the time of arrest.

Without these rights being accorded to persons arrested, lawyers will not be able to provide legal advice and representation to these members of the public when they most need the services of a lawyer.

The Legal Aid Bureaus of the government, unlike the Bar Council Legal Aid Centres, at present do not provide representations to persons who claim trial in criminal cases. In all fairness and in the interest of justice, this policy needs to be reviewed. Maybe it is also time for Malaysia to have a Public Defenders Office, as this will most definitely ensure legal representation for victims of the criminal justice system.

Mandatory requirement to do community work is not the solution. What we need is legal reforms and the development of a sense of justice in the hearts and minds of lawyers.


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