What in the Court's name, are you saying?

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!"