Future senior counsel should be good mentors, inspirations to young lawyers, say members of legal community

SINGAPORE — Besides being the top legal minds in Singapore, lawyers should be appointed to the role of senior counsel if they are able to create workplaces free of harassment and bullying, mentor and nurture young lawyers, and teach in their free time.

These were some of the suggestions that legal experts and lawyers told TODAY, in light of recent changes to the criteria for the appointment of senior counsel as announced by Chief Justice Sundaresh Menon at the opening of the legal year on Jan 8.

He said then that the selection committee for senior counsel will now place greater emphasis on an applicant's work that has "tangibly contributed" to the development of Singapore law and the legal profession.

No new senior counsel were appointed this year. 

Up until now, the appointment of senior counsel has largely been based on a lawyer's experience and competence.

There are 98 senior counsel in Singapore. They are considered an elite group, deemed to possess top-tier advocacy skills, professional integrity and legal knowledge. 

Senior counsel who are conferred with the title are also considered a rank above other legal advocates in the courts and tribunals in Singapore. 

NURTURING THE NEXT GENERATION

Chief Justice Menon did not elaborate on what exactly will be counted as "tangible contributions" to the development of Singapore law and the legal profession.

Experts approached by TODAY gave their take on what should matter.

Associate Professor Eugene Tan, a law lecturer from Singapore Management University (SMU), said that for a start, future senior counsel need to be more than just top-rate advocates.

"Put simply, the title is less for individualistic achievements but increasingly for what one does for the profession, the legal industry and the development of Singapore law."

He added: "Our leading lawyers can’t be navel-gazing and indulgent on personal achievements. To be clear, personal achievements are important but given their abilities and skills, those can be applied for the larger good."

Constitutional lawyer Benjamin Joshua Ong, who is also lecturer at SMU's Yong Pung How School of Law, said that key to this would be whether the individual is looked up to by younger lawyers who have worked with them.

"We could consider whether the lawyer has played an active leadership role in creating a healthy work environment that is free from harassment and bullying, and whether he or she has created meaningful opportunities for junior colleagues to develop their skills," he said.

Lawyer Alexander Woon from law firm RHTLaw Asia agreed, noting that the legal profession is known for its "gruelling and tough working conditions", especially for younger lawyers.

A lawyer's ability to mentor, nurture and treat others with respect should be strongly considered in a senior counsel appointment, he said, adding that this would be in line with Chief Justice Menon's call for better mentorship and training.

In his speech at the opening of the legal year, Chief Justice Menon noted that the legal practice was diminishing in its attractiveness as a profession, saying that a part of this may be down to a lack of community and mentorship.

Professor Leslie Chew, dean of the School of Law at the Singapore University of Social Sciences, said that outside of the courtroom and office, he would expect future senior counsel to contribute by teaching either formally or informally, as well as influence good values in the profession through personal example.

"They can also contribute towards pro bono cases as well as provide guidance to younger lawyers who seek help when they encounter professional difficulties."

Ultimately, future senior counsel should practice the law in such a manner that makes the younger generation aspire to be like them, another lawyer said.

Mr Walter Silvester, a commercial lawyer and managing director of Silvester Legal law firm, said: "I think the most important addition to the refined criteria is the phrase 'dignity, decorum and ability to inspire others'. This is what the profession needs. This is what the younger lawyers need," he added.

RECOGNISING EXPERTS IN DOMESTIC LAW

Many existing senior counsel have international law expertise, but members of the legal community said that lawyers who focus on domestic work should not be disadvantaged.

Mr Silvester said that even though it is good for Singapore to have senior counsel with international experience, appointments should not be limited to such lawyers.

"I hope the refined criteria does not mean that only lawyers who practise international law are appointed, because there are many good lawyers who don't have an international practice who would merit consideration."

Agreeing, Mr Woon of RHTLaw Asia said that because the legal sector here is small and growth is often sought from international business, a potential problem could arise in which domestic law gets neglected from too much focus on appointing senior counsel who excel in international law.

"Domestic law may not be as glamourous or lucrative but it is nonetheless important because it involves the rights and liabilities of everyday Singaporeans," he added.

"Community law, like criminal law and family law, remain important for ordinary people, and we ought to recognise lawyers who contribute substantially to these fields."

In announcing the changes to the criteria for senior counsel appointments, Chief Justice Menon said that since the appointment opens the door to many opportunities, including the practice of advocacy at international fora, the refined criteria will go towards ensuring that appointed senior counsel compare favourably with their international counterparts.

In response to TODAY's queries, the Law Society of Singapore said that this is critical to maintaining and developing the country's stature as a legal hub.

"The benchmarking of senior counsel with their international counterparts acknowledges the reality that Singapore lawyers operate in a globalised legal profession with international and foreign counterparts," it said.

Agreeing, lawyer Melvin Loh from law firm Peter Low Chambers said that the refinements to the criteria are timely and understandable, given the privilege and opportunities to which senior counsel are given access.

"International counterparts are appointed in a stringent fashion and therefore revisiting our own criteria to ensure uniformity would ensure that senior counsels are given similar recognition and standing on the international stage," he added. 

CORRECTION: An earlier version of the article misspelled Peter Low Chambers as Peter Loh Chambers. We are sorry for the error.