Lawyer Salim Bashir told CNA that as much as litigation is healthy in resolving disputes maturely and legally through judicial avenue, an overly litigious culture can have adverse effects.
“It can put pressure on individuals, companies and organisations due to prolonged legal battles, and litigation can be costly and not prudent for business growth and reputations. It can also be emotionally draining for the parties involved,” he said, adding that some of the delays in the court are bewildering.
A lawyer who requested anonymity told CNA that as the number of lawyers in the country grew, many have allegedly acted unethically and advised their clients to take matters to court, even if there was not a need to do so or the chances of winning were slim.
“If a firm is based on pure litigation practice, they don’t get paid much if they don’t take matters to court. Some of the claims can be frivolous and have a very low chance of success.
“Are lawyers giving the right advice to their clients or taking them for a ride?” he said, adding that some lawyers were not transparent about their fees, which could later shock their clients.
“It comes down to ethics,” he added, noting that some of his cases registered last year were scheduled to be heard only in 2027.
Separately, lawyer Edmund Bon believed that the rise in the number of cases sometimes meant that justice served may be too rushed.
“Judges do not have sufficient time to delve deeply into the cases and stakeholders will be limited to succeeding or failing on only a few issues,” he said.
In his speech on Jan 12, Wan Ahmad had remarked that while case filings rose, the number of judges had barely changed, creating an imbalance of workload capacity.
Wan Ahmad said the caseload “places immense and growing pressure on the justice system”, even as he stressed the “urgent and pressing” need to increase the number of judges.
Mah, drawing from his experience on the bench as a former justice at the Court of Appeal, noted that a judge’s work does not end when the court adjourns for the day. He said judges are forced to spend their off time drafting the legal decisions required to clear their dockets.
“Writing grounds takes time and judges use their weeknights and weekends,” he said, adding that the earning potential for a private practitioner significantly outstrips the salary of a judge.
While judges deliver their oral rulings immediately, they have an eight-week window to produce the formal written grounds of judgment if there is an appeal.
Malaysia operates on a two-tier appeal system, ensuring that every litigant has the right to have their case reviewed twice by higher authorities.
For instance, a suit originating in the High Court can be appealed first to the Court of Appeal, and should a further grievance persist, a final appeal may be pursued at the Federal Court – the nation’s apex judicial body.
“Judges also have to go through written submissions of lawyers, many of which are hundred pages long and are convoluted. A lot of time is spent reading it. Life can be eased a little if the lawyers are brief,” said Mah.
https://www.channelnewsasia.com/asia/malaysia-judiciary-lawyers-litigation-shortage-labour-5926181
