Earlier this month, nearly 250 members were officially admitted to the Bar as Advocates and Solicitors. In recognition of this milestone, we speak to Ms Amanda See, who was among those newly called, and Mr Chenthil Kumarasingam, who marks his 25th anniversary at the Bar this year.
Amanda, how are you feeling after your first 100 days?
Chenthil (CK): I can relate to that feeling of having the safety blanket lifted off you. When you’re called to the Bar, you are able to sign off on letters that go out to other firms or parties. I remember checking the first letter that I signed about eight times to make sure everything was in order, from the reference number, to the fax number, to the punctuation. If I recall correctly, it was just a letter enclosing some documents.
In the first 100 days, you start doing a lot of new things, and it takes some time to assimilate those new tasks into your ‘normal’ workflow, such as the first calls with opposing counsel, doing a mention in open court, perhaps even arguing an interlocutory application. Over time, your practice skills develop and some of the things you used to be unsure about become second nature.
What are the challenges moving from training into practice?
AS: I think the biggest challenge would be billables. As trainees, my firm did not charge clients for our time because we were still learning the ropes. Now that we have become billable, the metrics matter. Where I am unfamiliar with an area, it would not be fair to charge a client for the full amount of time I spend because some of that time inevitably goes towards inefficiencies and self-learning. For example, I may take two hours to complete a task, but I would not feel comfortable billing the full two hours. Consequently, my billables may not reflect the actual time and effort spent, and that can affect my numbers, and potentially, how my value to the firm is perceived.
CK: Timesheets can always be a challenge whatever seniority you’re at, but the transition to first doing them is tough. Over time, you realise that its first important to record the time accurately and then adjust the amount billed to take into account learning new skills or areas of law. This way, the partners know how hard you’re working, and can offer instruction if you need help in a particular area, e.g. taking too long for certain kinds of tasks.
Chenthil, how would you counsel a newly qualified lawyer who is worried about making mistakes?
CK: Mistakes do happen, but there are different sorts of mistakes. A mistake owing to inexperience made someone who is conscientious and diligent is usually salvageable, as long as there is enough time to remedy it. What is key is that young lawyers must have a good sense of the deadlines and the work to be done by other persons after the young lawyer has finished their part.
If the first draft is produced in a timely fashion, there is usually enough time for the seniors to review it, ask questions and remedy any errors.
Bigger problems can ensue if the lawyer has not read up on the relevant area of law or procedure early enough, and asked questions along the way to make sure that they are on the right track. If someone has made a mistake, the best thing to do is to speak to a senior about it so that they can take steps to fix it. It may not be as big of a problem as originally thought. Even if it is, it is better that a senior is aware of it, so that they can deal with the client, the court and the other party.
It’s also very important that we learn from those mistakes and do not repeat them. Some latitude may be afforded the first time a mistake is made, but if it is constantly repeated, it does not reflect well on the lawyer.
Amanda, what do you hope the next 100 days will bring?
AS: First, some clarity on what kind of lawyer I want to become. Second, a clearer sense of whether I can see myself doing disputes, or even lawyering, long-term – not just whether I like it, but whether I can grow into the demands of practice and find a pace that is sustainable. Realistically, I am unlikely to have fully figured those out by the end of my first 100 days. A more reasonable hope is to figure out a steady day-to-day routine: one that would help me stay on top of my work and also protect my mental and physical health so that practice is sustainable.
Amanda was a trainee at Withers KhattarWong LLP, where Chenthil also serves as the Regional Division Leader for Dispute Resolution (Asia).