Your opinion counts

At the date fixed for hearing of the motion, the junior was saddled with the responsibility of moving the application and to his utmost surprise the court put questions to him as a counsel on why the application was not brought under the principle he had in mind but kept mute about, not having a […]

At the date fixed for hearing of the motion, the junior was saddled with the responsibility of moving the application and to his utmost surprise the court put questions to him as a counsel on why the application was not brought under the principle he had in mind but kept mute about, not having a convincing answer apart from “am acting under the instructions of my principal” the court refused the application.
‘God forbid that a lawyer should know all the law’ looking at the scenario above, the principal proposed what he felt was best for the application, and a junior counsel who has a better idea on alternative approach owes it to the firm to make known his own opinion. Imagine if the young wig had voiced out his opinion of the legal principle he believes would best support the application, where the principal feels otherwise, he would explain to the young wig legal reasons why the principle is not solid enough, the young lawyer would in turn have a convincing answer for the court when moving the application.
There is a difference between ‘fear’ and ‘respect’ for employers in the workplace, Oxford Advanced Learners Dictionary defines fear as a verb “… to be frightened of somebody or something or frightened of doing something: all his employees fear him”. Respect on the other hand means “to be careful about something; to make sure you do not do something that somebody would consider to be wrong.”  The fundamental question being, is it wrong for a young lawyer to contribute or voice out his opinion to the growth of a firm?
If a young wig is a ‘yes sir’ ‘yes ma’ kind of lawyer to every activity of the firm, irrespective of whether he believes it to be right or wrong, such a lawyer can be said to fear his employer and not respect him. On the other hand, if a young wig knows his boundaries and limits in the workplace, yet is able to make known his opinion about better approaches of how the activities of the firm can be carried out, such a lawyer can be said to be respectful of his employer.
Please don’t get me wrong, I am not encouraging rudeness, arrogance or insubordination to employers, experience and research have shown that employers often repose confidence on employees who stand up to them in the most courteous, respectful and polite manner. No one is saying that your opinion would be taken as the correct position of doing things; it is advisable that the firm knows what you think and where you stand about certain situations that arise in the office.
It is understood that some young wigs do not feel the need to disagree with the person who pays their salary, there is this fear of the cardinal rule of employment i.e ‘he who hires, fires’ especially if it is a one-man firm unlike a partnership, where the future of a young lawyer is in the hands of the principal partner.  Most young wigs are not given employment letter while being employed and this places a restriction on what a young wig can or can’t do when it comes to affairs of the office.
But to whose benefit is keeping mute? The firm does not benefit because your idea might just be the saving grace and you said nothing. The young wig by not talking does not help his confidence building in the profession, so in the practical sense, keeping mute doesn’t help anybody, ‘your opinion counts’.
The personal development of a legal practitioner depends largely on his self-confidence, being able to make your opinion known in the workplace, society and amongst legal colleagues without being rude or arrogant about it. Let your opinion count.
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