Event:
Legal Education Series #2: Trial and Appellate Advocacy – Perspectives from the Bench and Bar
Date:
5th July 2018
Venue:
KDU University College
The Inns of Court Malaysia (“ICM”) held the second session of its Legal Education Series titled ‘On Trial and Appellate Advocacy – Perspectives from the Bench and Bar’ at the Dato’ Teo Hang Sam Auditorium, KDU University College, Utropolis, Glenmarie, Shah Alam.
As aptly put by Justice Nantha Balan (Judge of the High Court of Malaya), the ICM’s Treasurer and moderator for the evening, the legal education encapsulates a “complete package” for practitioners – be it senior or junior, or even the aspiring law student to immerse themselves in the fundamentals of the twin pillars of civil and criminal litigation. The decision to include a portion on criminal advocacy was as a result of ICM’s response to the overwhelmingly positive feedback from participants on the Legal Education Series #1.
The three eminent Speakers enlightened the audience with their immense knowledge in their respective fields, namely, YA Dato’ Mary Lim Thiam Suan (Judge of the Court of Appeal), YA Datuk Vazeer Alam Mydin Meera (Judge of the High Court of Malaya), and Mr Hisyam Teh Poh Teik (advocate and solicitor of the High Court of Malaya with over 40 years of experience in criminal law advocacy). The evening was also graced by the presence of The Right Honourable Tan Sri Dato’ Sri Ahmad bin Haji Maarop, the then Chief Judge of Malaya (now President of the Court of Appeal) and the Vice Chancellor of KDU University College, Professor Dr. Hiew Pang Leang. The lecture was attended by judges, lawyers, students, as well as members of ICM.
The emcee, Mary-Ann Ooi Suan Kim as the Hon. Secretary began the event by inviting the venue host, Vice Chancellor Professor Hiew who, in his opening remarks highlighted, amongst other things, the recent signing of the memorandum of agreement between KDU Law School and ICM, their mutual hopes for further future collaboration and to nurture law graduates who “hit the ground running”. Guests then received warm welcoming remarks by the Right Honourable Chief Judge of Malaya who shared his hopes for a Bar with an even stronger grounding in written and oral advocacy. His Lordship expressed his aspirations for managing expectations between Bench and Bar with a more seamless approach in court proceedings.
The floor was then passed to the moderator, Justice Nantha Balan to conduct the event. Taking centre stage first was Justice Vazeer who spoke profoundly on the basics of civil trials from the perspective of the Bench guided, no doubt, by his illustrious career at the Bar. His Lordship shared his views on what makes for good civil advocacy with particular focus on: drafting short but succinct pleadings and written submissions, following up with convincing oral advocacy, the overall need for effective pre-trial case management and enhanced cooperation between counsel before and after trial. His Lordship kept his listeners captivated with elucidating anecdotes and by sharing His Lordship’s favourite go-to literatures on the subject.
The next speaker was just as eloquent. Justice Mary, who returned from the first session of this lecture series, took her listeners through the meaning of effective appellate civil advocacy. Her Ladyship highlighted the “dos and don’ts” during civil appeals, and addressed frequently asked questions – testament only to someone who has spent many years on the Bench.
Mr Hisyam Teh then wrapped up the evening lecture by speaking on criminal trials and appeals. He delivered his lecture with the same candour and force as his submissions before the Courts. The core preserve of his lecture was that an advocate should under no circumstances compromise his client’s case. Central to this, he shared, were knowing when to favour law over facts or vice versa as the case may be, the sheer significance of a criminal trial in the criminal justice system, the cardinal need for adequate preparation, and techniques for best presenting a client’s defence. Equipped with the latest case law on the subject, his contribution to the lecture on the topic is a welcomed addition.
Be that as it may, the event was by no means a one-sided affair. Guests were treated to a melange of tantalising sweet and savoury refreshments coupled with the opportunity to mingle around. Following that, guests were then given the opportunity to pose written and oral questions to the esteemed panel which were met by swift and astute responses. The evening was simply overwhelmed by a fury of critical questions – a mark of an attentive and curious audience.
ICM firmly believes that the law is not just confined to the black and white pages of law books. The essence of legal practice is in the constant sharing of experiences. This feature of the law is something the Inns of Court of England have long recognised. And it is this tradition that the ICM hopes to keep alive in Malaysia.
It is necessary to keep the mind titillated even after the lecture is over; knowledge and experience only grows if it is shared. It is in this vein that ICM has made accessible all materials used by the esteemed speakers during their respective presentations. The ICM is grateful to everyone who attended, the overall positive feedback from attendees and speakers alike and looks forward to organising further legal education series.
Report contributed by Saif Bhatti
ICM Editorial Board Subcommittee
