Write an article for the special mass call issue of the Law Gazette in August? Or if you have other suggestions for pro bono related articles, that would also be good. The idea is to interest the new young lawyers to be involved in pro bono work, give them an idea of what it’s about, what it involves, the type of commitment, the advantages etc.
As a Criminal Legal Aid Scheme (“CLAS”) Fellow at the Pro Bono Services Office, I represent accused persons who would otherwise not have access to legal representation.
In the short time I’ve been in practice, my clients have taught me many surprising things. I list them out below.
Lessons from My Clients
Lesson No. 1: Life is Messy
There is a common misconception that we can plan and control how our lives will be. My clients remind me every day that we cannot. Every day, I do my best to advance their interests – I take their instructions and try to understand who they are and the circumstances they are faced with. I write representations to the prosecution and appear on their behalf in Court. Even so, I am acutely aware that the outcome of their case ultimately rests on the benchmark sentences, how they perform at trial, the nature of the evidence – all of which are beyond my control.
Likewise, life is messy. I meet clients who have seen their lives spiral out of control long before charges were brought against them. The retrospective nature of the law means that oftentimes, I am simply left to mitigate on their behalf when bad decisions and social failures have already taken place. The tension between taking personal responsibility for one’s own actions and being a victim of circumstance is a hard one to straddle.
Lesson No. 2: How to Love
I don’t love my clients. In fact, some clients are rather hard to love. Yet, all my clients have an uncanny ability of making me want to go the extra mile for them. Back when I was handling transactional work or drafting affidavits, my task was to get a job done well – to please my bosses and the client. Yet, my job doing criminal pro bono work full-time is different, and much less clear-cut. I am constantly thinking about how to place my clients in a better position compared to before they received legal aid, even if this means finding non-legal solutions to their legal woes. Each case I handle has a face and a story behind the file which makes pro bono criminal practice unique.
I remember Mr Tan1 who was charged for the theft of ladies’ underwear. He suffered from mild intellectual disability and had underlying issues which precipitated his offending. His social worker recommended that he be placed in an adult disability home. However, places at adult disability homes are extremely sought after. So I found myself undertaking the role of a social worker, requesting for medical reports, speaking to social workers and trying to find alternative sentencing options for him. If love means wanting to be or do better for the sake of someone other than oneself, then I think my clients have indeed taught me how to love.
Lesson No. 3: It’s Not About Us
It is no secret that we are influenced by the environment around us. For example, we are more likely to jaywalk when we see other people around us doing the same. Many accused persons have a greater predisposition to commit offences because they receive a greater exposure to negative influences.
The opportunity to help is an immense privilege. It is easy to despise our professional qualifications when we get caught up chasing deadlines or personal ambition. The rigor of private practice is oftentimes exciting and challenging but who wants a lawyer who knows how to do everything but the value of nothing? The nature of pro bono work puts a face behind the file and reminds us that there is much more beyond ourselves and our legal rules and concepts - it ultimately affects people’s lives in ways more profound than we may know.
With our profession getting larger, it is easy to feel isolated and view other lawyers either as opponents or strangers. In the course of doing pro bono work, we encounter practitioners from different firms who are similarly engaged in the same pursuit. A lot of differences fade into the background in the pursuit of advancing the common good.
The Perks of Doing Pro Bono Work
Although plunging into pro bono work is confronting at first, the perks of doing pro bono as a young lawyer far outweighs the difficulties. First, Judges or seniors are generally more understanding when young lawyers ask questions or make mistakes. Second, taking on pro bono cases give you the chance to run a trial or argue an application long before you would for a paying client. These opportunities to hone your advocacy and client-interaction skills are precious. Third, taking on pro bono matters lends young lawyers greater maturity; the personal struggles of my clients often overlap with their legal issues and I am constantly challenged to think outside my paradigm. In sum, these experiences catapult you to greater responsibilities as you grow both as a lawyer, and as an individual.
There is much more to legal practice than time costs and billings. I thank my clients for teaching me that.
Notes
1 Name has been changed.