This article is brought to you by our family lawyer, Priscela Ann, who recently attended the Junior Family Lawyers Conference 2024 organised by the Bar Council of Malaysia. The conference provided valuable insights into how judges approach and decide family law cases in Malaysia. Our lawyer shares key takeaways from sessions with esteemed judges, offering a deeper understanding of the judicial process in family law.
As a junior family lawyer, attending this conference offered an invaluable opportunity for professional development, networking, and gaining insights into the evolving landscape of family law. This conference was designed to address the unique needs and challenges faced by us junior lawyers in the early stages of our legal careers, focusing on practical skills and the intricacies of practicing family law in Malaysia.
The session with the judges served as a bridge between the theoretical aspects of the legal and the practical realities of the family litigation. The presence of judges like YA Dato’ Faizah binti Jamaludin, Shah Alam High Court Judge and YA Puan Evrol Mariette Peters High Court Judge of Kuala Lumpur at this conference offered junior lawyers a unique opportunity to learn directly from those who interpret and apply the law daily, gaining perspectives that can significantly shape our professional growth and the way we carry out family matters.
Key Insights from Judges
Approaches to Child Custody and the Best Interest Principle:
The said judges emphasised the importance of the “best interest of the child” principle in custody cases, highlighting how they assess various factors like the child’s welfare, stability, and parental involvement. Junior lawyers benefit from understanding how judges weigh evidence and prioritise the child’s needs over other considerations, which helps us prepare more compelling arguments in custody disputes.
Case Management and Courtroom Etiquette:
Judges provided insights into the expectations for lawyers in court, offering tips on how to present cases clearly, emphasise more on the substance over form, and adhere to courtroom decorum. For law firms, this results in smoother case handling and a more professional representation before the courts. Clients benefit from having lawyers who are well-versed in the procedures, ensuring that their cases proceed without unnecessary delays or procedural mistakes.
Ethical Considerations in Family Law Practice:
Judges stressed the importance of ethical behaviour in the practice of family law, given its sensitive nature. They shared stories and examples from their own experiences about handling ethical dilemmas, such as conflicts of interest or maintaining the confidentiality of a child’s opinions during an interview. This ethical grounding is essential for junior lawyers, as it helps them build trust with their clients. For law firms, having lawyers who adhere to high ethical standards enhances their credibility and trustworthiness in the eyes of clients. Clients benefit from knowing that their legal representatives are committed to their best interests and the integrity of the legal process.
One of the key advantages of attending this conference is the opportunity for junior lawyers to build relationships with judges and other officers of the court. Networking with judges can foster a deeper understanding of judicial expectations, which can improve communication between the legal representatives and the courts. For law firms, this can lead to more efficient handling of cases, as junior lawyers who are familiar with the judiciary’s preferences can navigate legal processes more smoothly.
CONCLUSION: When junior family lawyers have a solid understanding of both the technical and strategic aspects of family law, they can provide clients with clear guidance, realistic expectations, and effective representation. This leads to greater client satisfaction, as clients feel confident that their legal matters are in capable hands.
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