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Don’t split the legal pie but expand it

I refer to the letter “Limit working hours for lawyers called to the Bar” (Sept 19).

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Shaun Wong

I refer to the letter “Limit working hours for lawyers called to the Bar” (Sept 19).

The writer suggested that one of two possible ways to address the oversupply of lawyers is to limit, by statute, the working hours per week for lawyers called to the Bar.

As a fellow member of the legal fraternity, I would argue that his proposed solution might not achieve its intended purpose. A statutory limitation on working hours could harm the profession.

Most lawyers charge by their billable hours. Understandably, they work long hours to earn as much as possible, whether for their firms to justify their salaries or for themselves. To limit working hours is to limit their earning capacities.

There would probably be two undesirable consequences for the profession and the public: Members of the fraternity may treat one another as rivals for their earnings; and legal fees would be hiked to adapt to the limited working hours.

Realistically speaking, lawyers and law firms need to maintain their level of income and revenue.

The intention of the writer’s proposal would be to let more lawyers share the same market. The underlying assumption is that the size of the market remains unchanged. But we could expand the legal market by creating more demand.

In the book Getting to Yes, the authors addressed the principle of “expanding the pie”. While splitting the pie may become a zero-sum game, expanding it could create a win-win situation for all parties.

This principle is well-accepted in mediation and applies here too. More demand for legal services creates more legal work, which means more jobs and earnings for lawyers.

The establishment of the Singapore International Commercial Court, the promotion of Singapore as a regional dispute resolution centre, and more, are examples of the attempts to create new demand for local legal professionals.

While these long-term plans may not resolve the oversupply issue immediately, they are the correct approaches. Any tactical measure to alleviate the oversupply is momentary. We should exercise caution where legislation is involved, especially when the side effects are obvious.

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