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| Court room - for illustration only |
They say that if you want to be a good Court
Lawyer (Litigation Lawyer), you have to master the usage of the language. If
you master the language, half of your battle is already won. I agree with that
piece of advice but I will go further by saying that it is not just mastering
the language but it is about delivering your
argument effectively in that language– in other words, using the appropriate
words, mastering the tone of your voice when placing emphasis, placing
importance in your gestures and expressions when conveying your points coupled with
good observation of the parties’ body language.
When I first started my law career in Malaysia, almost
all of the cases in the lower courts were heard in the Malay language. The
first ever hearing I conducted in the Malaysian Courts was in Malay. It didn’t go
as well as I wanted. I found there was something missing when submitting my
arguments. Even though, I have a reasonable good command of the Malay language but
it was more of a “textbook” rather than everyday communication. It didn’t have that
smooth flow of conversational words that one would desire. It was missing that
“oomph” factor or that fiery oratory effect. After that experience, I made the
decision to attend Court as often I could. Attending not as a lawyer but as a
member of the public to observe how the experienced senior lawyers conduct
their cases in the Malay language. From my observations, I found that most of
them have a unique style in presenting their case in the Malay language. I
began to model them (“modeling” as in NLP) and started to get back my
confidence. When I started attending hearing again, I was able to submit with
much more confidence and convincingly. The usage of the words and the flow of
the language started sailing in smoothly as I presented my case. I had all of
these senior and experienced Malaysian lawyers to thank for showing me the
“secret” in delivering an effective argument in the Malay language.
Now in the present situation, I am still a lawyer
but this time, I am a lawyer in Australia. One would think that appearing in an
Australian Court would be relatively easier in view that English is native and
widely spoken here. However, to my surprise, it is quite a challenge to me, especially
appearing in the local courts (lower courts). Getting use to the accent and “strine”
(Australian slang) makes it quite challenging for me. Whenever I stand up to
address the Court, more likely than not the majority of the lawyers present in
Court on that day will turn around to see who is this person addressing the
bench. I always tell my Malaysian friends that this is because I am the only
lawyer in the Court who speaks without an accent. My friend, Simon Ong pointed
out to me and said, “It could be the other way around. To the Australian
lawyers, you are the only one who speaks with an accent while they did not!”
Good point, Simon! So, it looks like it is back to the public gallery for me.
Back to observing and taking notes in Court, just like the old days! Hopefully, by then I will be able to say words beyond "G'day Mate!"
