Studying the Law


Lawless are they that make their wills their law.

- William Shakespeare
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.

- Martin Luther King, Jr.
The law is an ass

- Charles Dickens
Only one thing is impossible for God: To find any sense in any copyright law on the planet.

- Mark Twain

These quotations represent just some of the most common perceptions regarding the law and lawyers. Hollywood films for over 50 years have had a field day with lawyers; portraying them as protectors of the vulnerable (To Kill a Mockingbird), as instruments for the devil (The Devil’s Advocate), as battlers against corporate negligence (Erin Brockovich) and as detectives uncovering high level conspiracies (A Few Good Men).


Both Bill Clinton and Barack Obama were lawyers. Clinton famously treated one Presidential Race debate as if he was a lawyer and won over a lot of the electorate. People hold lawyers in awe and in contempt in equal measure.


The battle of liberalism vs. conservative Christian values is largely played out in the Supreme Court. G.W. Bush famously tried to pack the Supreme Court with right leaning judges to bring about a change in the abortion laws in the States. No doubt, to his chagrin he failed.


Perceptions of lawyers have a big impact on the way that America is perceived by other countries around the world. Less litigious countries in Europe and in Asia commonly see American lawyers as opportunists, as ‘ambulance chasers’. Many people still cannot believe that a woman got scolded by a cup of coffee in a fast food chain and successfully sued for damages amounting to millions of dollars. It seems that lawyers can make a lawsuit out of anything. It also seems that lawyers can just about get anyone off the hook. If you don’t believe me think O.J Simpson.


All these perceptions of lawyers and the business of litigation, prosecution and defence are exceptions. The truth is that most lawyers are involved in very mundane cases. Most lawyers don’t strut ponderously around weaving a web of rhetoric around the courtroom. Most lawyers are not involved in star studded cases or take on corporate giants.


I’m a law student and I can tell you that the law is frequently just plain boring; without glamour and without any important connection to the main contentious causes of the day.


Many of my fellow law students are planning on being corporate lawyers specializing in financial matters. They plan to draft and lock down exchanges of huge sums of money. They will never appear in court. They will never argue for a man or woman’s life. They will just earn a very healthy salary.


They do this because to the outside the law looks opaque, incomprehensible; like the esoteric arts of a sorcerer. It is this image that stops people from downloading forms from the internet and making their own will, from organizing their own small claims appeal, from doing their own conveyancing. Anyone with an average IQ and a bit of patience can do these things for themselves.


I should not be complaining since I hope to make a living from the law. I’m not sure about what type of lawyer I want to be. At the moment I’m learning about all aspects of the law. It is fascinating to study. What is frustrating is people’s stereotypes about lawyers.


That is why I’ve set up http://www.droitconstit.org/. The right of the constitution. I am exercising my rights under the constitution to free speech. My free speech will be about me, a law student. I’m not Demi Moore, Erin or Gregory Peck. I’m simply a young person struggling to make his way in a highly competitive field. These articles are aimed to dispel stereotypes about lawyers and about the law profession. I don’t believe the law or lawyers are an ass. We are neither angels or devils, and most of the time those who break the law are not Martin Luther, Jnr. or Mahatma Gandhi.


Jan
14

The Law on Holiday

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Being a law student is a grind. There seems to be a never ending list of things you have to learn: you have to remember the details of thousands of important precedent setting cases, you have to study legal procedures, you have to learn the minutae of the laws, you have to be very familiar with the constitution and you have to be adept at the psychology of the courtroom. Passing the bar is no mean feat. In many countries there are quotas on how many people can pass the bar in any one year. The competition is fierce. Thinking about all this sometimes makes me go crazy. I’m a student and I didn’t sign up to college just to work, work, work. The brain will burn out and the body will atrophy. To stop this happening I make sure to set up a schedule which includes breaks. I eat good home cooked food, and I try to take vacations abroad in the holidays to give my mind some fresh stimulus. They say a change is as good as a rest. This Christmas vacation I went to Koh Samui in Thailand to rest my brain.

Koh Samui is Thailand’s second biggest island. It is the leading beach holiday destination in the country after Phuket. I had never been to Thailand before. A friend suggested that I try Koh Samui so I got on a 24 hour flight to Bangkok and transferred to a Thai Airways flight to Koh Samui Airport. I booked accommodation in Lamai.

Lamai is the second largest beach on the island. It is a gorgeous stretch of white sand that goes on for 2 or 3 kms. Since it was Christmas it was very busy. The beach was lined with sun loungers full of people making the most of the sunny weather. The sea was a little bit choppy but still pleasantly warm.

I stayed at Weekender Resort and Spa. My room had air-con, hot water, cable TV and fridge. It was clean and the interior while not stylish was clean and comfortable. The resort pool was right next to the beach. And best of all there was wifi so I could Skype home and stay in contact with what was going on in the world. Being a law student I feel a strong obligation to always know what is happening in the world, especially now that the Presidential Race has got started.

Traveling around Koh Samui I couldn’t help notice how the Thais disregard the law. Hardly anyone wore a motorbike helmet. All drivers ignored the traffic lights except for the set outside the police station in Nathon.

In Lamai town and Chaweng town I was informed that the legal closing time for bars is 1am. Many places simply ignore this rule, with, I presume, the tacit agreement of the police. Thailand has recently passed laws banning smoking in public places, and yet people smoke freely in bars and restaurants. My room has a no smoking sign and yet it also has an ashtray.

At first I found this most perplexing. The law is the law surely. What is the point of the law if people ignore it?

However, after a few days on Koh Samui enjoying the beach and the night life I came to realize that this ambivalence to the law was part of Thai culture. I made a few Thai friends who explained that the Thais are proud of their independence and don’t like the notion of strong centralized control or a nanny state. Thailand is the land of the free. On many islands and in small, isolated communities it is often the case that people administer their own version of justice. This might seem like vigilantism but for many it is preferable with having to deal with a corrupt policeman who is keener to collect bribes than keep law and order.

My 10 day holiday in Thailand refreshed my brain and renewed my determination to finish my law studies, but at the same time it made me realize the cultural limitations to the legal system.

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