I was called to the Malaysian Bar in 1991. That was 15 years ago. I left Malaysia in October 2004, having been a lawyer there for almost 14 years.
In all that time I probably drew up no more than 10 pleadings, almost all of which were done when I was a pupil-in-chambers. In contrast I have probably drawn up over a couple of thousands of agreements, contracts, deed and such other documents.
Again in contrast, I have in the past 11 months or so, drawn up more than 10 pleadings, a couple of which lead to settlements. The rest are making their way through the courts so none have gone to trial.
I often tell kiddo that anyone can like most things if adequate time and effort are expended. Learn how to do something properly and you will enjoy doing it. Yet when it comes to litigation, I’m not so sure. Maybe it is so tedious getting it right. The myriad of rules, regulations and practice notes, norms, usages, traditions, done-things, not-done things, lingo – they all connive to make it off-putting. It takes a brave person, having tasted the relatively serene field of corporate and banking practice, to say he or she would take litigation on.
I’m not a brave person. I also often think I’m at that stage in life where my energy is more efficiently applied in utilising skills acquired, instead of acquiring new skills. I’m not averse to learning new things; I just prefer honing what I already know. Learning is still required – one never stops – I just prefer to learn for example, poetry instead of Greek. Poetry would be to revert to a corporate practice, preferably within an in-house context. Litigation is Greek to me.
Yet, having recently become more accustomed to letting God lead the way, I have to trust the present odyssey is what He has planned for me. It may be just like Jason’s quest for the Golden Fleece, fraught with danger and pain, but it is a journey I will have to take with gusto maybe even as one of the Argonauts. Who knows – 15 years later I may look back and recall the genesis of me the litigator. Truth is: it is probably closer to the sure demise of the corporate lawyer!