1 A Learning Experience from the Start

As a pupil in chambers, I’ve been fortunate to witness various aspects of the legal process from up close. One of the most memorable moments came from a trial where our firm had recently taken over a case from the previous solicitors. All the documents were supposedly ready, and we were geared up for what was expected to be a high-stakes legal battle. As any young lawyer in training would be, I was eager to see the law in motion.

2 An Unforeseen Hurdle

Just as we were preparing the witnesses and fine-tuning the witness statements, something unexpected surfaced. In reviewing the Common Bundle of Documents, which had been prepared by the previous solicitors, we realised that a substantial portion of our client’s claim had no supporting documents. We were completely shell-shocked. How could such a critical oversight happen? The documents were essential to the case, and without them, our client’s position would have been severely weakened. Time was ticking, and the trial was fast approaching.

3 A Narrow Escape

With the clock ticking and stress mounting, the firm sprang into action. Despite the impending deadline, we compiled an entirely new set of documents — 1,200 pages of fresh material — to support our client’s claim. We were aware that submitting such a massive amount of evidence this close to the trial could lead to pushback from the opposing counsel.

3.1 However, through some skilful negotiation and persuasion, the opposing counsel agreed to accept the documents two months before the trial commenced. It was a moment of relief, and we felt that we were back on track.

4 The Trial Begins… Or So We Thought

The big day arrived. The anticipation in the office had been palpable for weeks. We had spent countless hours preparing our client and witnesses, ready to see our hard work culminate in court.

4.1 As the trial began, all the counsel were invited by the learned Judge to his chambers. What happened next was both surprising and, for me personally, slightly disappointing.

4.2 A Succinct Three-minute Narration of the Facts
Our lead counsel, Mr Alex Chang, began by delivering a succinct three-minute narration of the facts supporting our client’s claim. He laid out the argument with precision and clarity, pointing out the strengths of our case. On the other hand, the charming counsel for the defendant appeared nervous as they recounted their defence and counterclaim. It became quickly apparent that their position was flimsy. Mr Alex Chang “slashed and burned” the opposing counsel’s arguments, remarking that there wasn’t an iota of evidence to support the defence or counterclaim.

5 “Why Are We Here?” – A Question That Changed Everything

After hearing both sides, the learned Judge asked a simple but profound question: “Why are we here?” It was clear that he saw no reason for the trial to continue given the lack of evidence from the defence. At that moment, everything shifted. Counsel for the defendant quickly understood the gravity of the situation. Within an hour, a settlement was reached. Our client was compensated, and the counterclaim was withdrawn.

6 Mixed Emotions: A Lesson in Legal Practice

The swift resolution of the case was met with mixed emotions. The clients were thrilled, as they achieved a favourable settlement without the need for a drawn-out trial. In contrast, I, as a junior eager to observe a full courtroom battle, felt a slight pang of disappointment. After weeks of intense preparation, I had been looking forward to seeing the law in action, witnessing cross-examinations and legal arguments unfold in real-time. The witnesses, too, were a little let down. Many of them had never seen how the legal system worked and were anticipating their day in court.

6.1 Yet, as I reflected, I realised that this outcome was a success in its own right. All the preparation, every late night, every document reviewed, had paid off. The thoroughness of our work left no room for the opposing side to manoeuvre. As much as I wanted to see the courtroom drama, the ultimate goal had always been to win for our client — and that was achieved without a fight.

7 Settlement Without a Fight- the Pinnacle of Sun Tzu’s Art of War

The settlement without a fight reflects the pinnacle of Sun Tzu’s Art of War applied to advocacy. Through strategic persuasion and preparation, counsel dismantled the defence before trial. Like Sun Tzu’s approach, the greatest victory in law is achieving success without engaging in lengthy courtroom battles.

8 When Preparation Meets Opportunity

This experience reminded me of a famous quote by American poet, Ralph Waldo Emerson: “The only person you are destined to become is the person you decide to be.”

In legal practice, preparation is often the deciding factor between success and failure. Even though the trial did not proceed as expected, our diligence and attention to detail allowed us to seize the opportunity when it arose. The judge’s simple question, “Why are we here?”, was only possible because of the thorough groundwork we laid.

9 A Future to Look Forward To

Though I did not get the courtroom experience I had hoped for, I learned a valuable lesson about the nature of legal work. Sometimes, success lies in ensuring that a case never makes it to trial.

10 Our Clients: The Happiest People

The happiest people, in the end, were our clients. Their satisfaction and relief were the ultimate rewards for the firm’s hard work. For me, as a junior, this case demonstrated the critical importance of preparation and highlighted how opportunities often arise when you least expect them.

In the end, the case did not need to go to trial, but the lessons learned will undoubtedly shape my future as a lawyer.

Amy Nadia Binti Che Rosadi
October 2024

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