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Saturday, March 25, 2023

The Bar will continue to stay relevant

 

From Alex Anton Netto

Recently, an FMT reader wrote rather vividly of the possible reasons behind the dwindling numbers that attend the Bar’s AGM and positioned many possible reasons for the same.

The writer was highly critical of the Bar and went on to suggest ways in which it can improve itself for the benefit of its members and for the role it plays in a civilised and democratic society.

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Lawyers in any part of the world have often faced ridicule and criticism. We go by many names to describe the way in which we function and practise our profession. Amid all that name calling and labels that have been attached to us, our role in any society is undeniable.

The “Basic Principles on the Roles of Lawyers”, which was adopted by the 8th United Nations Congress on the Prevention of Crime and the Treatment of Offences in 1990, lays out, in essence, the role of a lawyer in any society.

One of the key roles of a lawyer that was adopted is the duty to not just advise a client, but to uphold human rights and fundamental freedoms.

Now, to actively uphold human rights and fundamental freedoms, a lawyer or the Bar cannot distance itself from the realm of politics. We are duty-bound, without fear or favour, to dive deep into politics because it is in the sea of politics where policy decisions are crafted, where legislation is discussed and eventually drafted for tabling in Parliament, and where general policies concerning public safety, public health, and quality of life are discussed and debated.

How could you possibly keep lawyers or legal academicians out of that? Our very Constitution that guarantees our fundamental freedoms and liberties was drafted by legal luminaries such as Lord William Reid, BS Malik and Abdul Hamid, to name a few.

Now to the Malaysian Bar. The Bar, in recent times and during the lockdown period, had reached out in ways it could to assist members. Examples of this were when the state Bar committees worked hard in getting their members in line for the vaccine shots, staggering payment of our yearly subscription (with some states even reducing the subscription to be paid), and defraying costs for members who seek counselling services.

To say that the Bar is not there for its members would be a misrepresentation of sorts. Of course, the Bar continues to recognise its past luminaries and always finds ways to emulate them in the way in which we function. But to describe it as having lost its glitter is not fair as it continues to better itself while moving with the times.

Can we do better? Like any organisation or association, we can, and will, do better. We are not defined by the antics of one or two in this profession, but we are surely defined by the collective mandate entrusted to us by Parliament under the Legal Profession Act 1976.

We will continue to stay relevant in the face of adversity. - FMT

Alex Anton Netto is an Advocate & Solicitor of the High Court of Malaya.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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