How Are We Judged?

It is quite uncomfortable to have to concede that I am unable to identify any real personal contribution to the law. For what I have taken from practising law or dispensing justice, I owe an irredeemable debt to Hong Kong. This book is part of my attempt at making a restitution, in which an insight into judges' general reaction to the conduct of trial lawyers is given in the hope that the professions, particularly new members may benefit from these disclosures. In this book far be it from me to cause embarrassment, but if members of the Judiciary should be taken aback by the revelations, perhaps it is time for them to try, at least, to readjust themselves in the discharge of their official functions. It would be ideal for judges and practitioners to mutually yield ground. If any passage is or is obliquely offensive, it is unintended.

As in most discords, it would take two to tangle. A confrontation in court would seldom come to a head without provocation. That much must be clear. But this book is not about what is or is not injudicious or what the judges' proper decorum should be. This is an endeavour to set out the general wants and demands of judges, whether reasonable or oppressive, that should best be, for more reasons than one, accommodated. It is not to say that no judge would conduct himself or herself exemplarily, but there have been too many lapses or infractions to the dismay and discomfort of the professions. I have been on both sides of the fence for more years than I care to remember. It is my firm belief that when a task could be accomplished without pain, it would be moronic of an advocate to be uncivil or repulsive, particularly when the pay-master's interest, not one's own, is or should be placed in the forefront. This is good advice proffered. Besides, a first rate advocate is a top performer before any judge, good, bad or indifferent. Evidently, each advocate has his or her natural flair and a personalized mannerism to suit his or her individuality and characteristics. But ways and habits need to be adjustable to withstand judicial assaults.