Containment

The rush-hour system that has been implemented of late has put immense pressure on lawyers all over the country. It seems that the top-management level of the Judiciary is only concerned with 1 thing: a court disposing of cases and the monthly statistics it can present. 

I spoke to someone (who works in the corporate world) about this and was told this is how things are done, immediately with no proper consutation. Fast, fast, fast!!! Sadly in the legal arena, speed is not the solution for a backlog; it merely shortens the timeline of an individual's case. It doesn't improve the client's case, or the quality of work spent on it. Sadly this fact of life hasn't been properly made known to the public yet. Yes, it affects you and your legal rights.  

It is indeed distressing to see such a thing happening. Legal practitioners who want to draft their pleadings in a proper manner, conduct legal research to an acceptable level, go through the case before trial and prepare witness statements and the evidence, and/or even prepare for cross-examination and draft a good submission are going to be for a rude awakening. 

(Not to mention the absurd time-limits being given, which now make it quite hard for some legal practitioners to collect their legal fees in full before trial. Legal firms have fiscal responsibilities to their staff too, who in turn have families to feed and bank loans to pay. But that's not anyone's problem, right?)

Quite a number of judicial officers have also lamented on this fact, where it is now quantity, and not quality cases before them. So many lawyers are also left feeling helpless, and dissatisfied with their performance in the office as well as in court, as they feel the duty to their client has been glazed over with the over-riding duty of having a case disposed of, in less than 9 months. 

For your information, go to the nearest MLJ and flip through the 1970s volumes. Even then, a backlog was present. It is not part of the problem: the matter of a backlog is inherent in any functioning legal system. Would the Transport Ministry instruct people to drive faster when there are traffic jams? After all, the vehicles on the road are the problem, innit? So get them off the roads for Pete's sake!!! 

Welcome to 'Nam. Where the only thing you have to do is survive. 

Before I go on and on about this, it would me also important to read an article on this a link I accidentally stumbled across. It really articulates what the majority of us think and feel:

http://sociopolitics-blog-malaysia.blogspot.com/2011/02/speedy-gone-justice.html

It is unfortunate (and indeed shameful) that the Bar Council of Malaysia is not not doing more to alleviate this situation. Where is the leadership? 

What we need now is a proper assessment on the impact of the legal standard in Malaysia. Is legal work being prepared properly? How are lawyers performing in court? What are the quality of Judgments nowadays? And most importantly, what are the clients feelings on their experience in court?

It does not bode well for the future of the Malaysian legal system or its stakeholders. Who shall save us?