On CPD, Learning and the absurdity of trying to force learning on the unwilling

Those who know me would know how I honour and respect learning in its every form. But the CPD scheme, Man. CPD Scheme just grinds my gears. They piss me off. During the last AGM there was a resolution to start enforcing the collection of COD points. Failure to collect CPD points within the set period will result in fine being imposed. I was fuming when I read that email update. 

How on God’s green earth are BC going to enforce the damned thing when you cannot even stamp out touting in courts, in KL Court at the very least.

Perhaps I am lamenting a done deal (I was there, years ago when it came to pass) but regardless it must be said that the implementation of CPD itself is not equal, there are two classes of practitioners according to the CPD guide. So whatever happened to Section 35(1) LPA? A case of some practitioner more equal than others? Seniority and health conditions ought not to be the dividing line between practitioners. The law and its practice changes from time to time and it affects all practitioners regardless of seniority or health conditions. Either it applies to all practitioner or it applies to none. Don’t talk about lofty ideals like equality high up in the clouds, live them down here in the muds like the rest of us. Its all or none. There is no in between. 

If the enforcement is meant to force learning on practitioners, then there is a danger that its sparks the race to collect points, not to learn. Learning ought be from one's own volition. There is no learning of what you think you already know. Let Nature take its course. Those who are not willing to learn and keep themselves up to date will stagnant and lose their value and appeal to their clients. Their ego will be their own undoing.They will be culled as a matter of course. 

Instead of punishments for lack of necessary points, incentivize the collection of points. Give meaning to the collection of points. Right now there is no meaning to the collection of points. All i gather is that if you do not have enough, you will be penalized by way of fines (as per the motion passed recently) that is when the LPA is amended. Points does not give you discounts on the sijil annual or Bar dues, it does not convert into petrol money ala Mesra card or Setel. So what does the points signify? Really.

Times are hard. Tap into this. The CPD points does not have to be convertible to cash, just make things easier for practitioner especially younger practitioners. Maybe, points could be used to obtain discount on legal texts. Even the most reluctant, book-shy practitioner will have to crack open a book at some point in their practicing life. Incentivize that. Maybe the points could be used to obtain a discount on their yearly dues. Or perhaps, the points could be carried over as Mesra or Setel points. Days of cheap fuel are long over. Point is, give meaning to the CPD points. Use it to make life easier for practitioners. Then, the accumulation of points will be a natural thing to do for a practitioner. 

Speaking of touting and CPD points, BC has ineffective in combating touting. That is a fact. But a fact that can be changed. I say set a lawyer practicing criminal law to catch a tout. These lawyers knew the touts, knew the lawyers that relies on these touts. So lets clear the corridors. Make the Criminal Bar to be self-policing, self-regulating by providing them with the motive to do so. The days of touts running wild in the court are over. They should be over.  To do so, one must incentivize these lawyers. Let then this self-policing, these rukun tetangga like activity be CPD point worthy. Hell, call it bounty hunting if you have to. Perhaps, this is the way. 

In the same vein, list doing YBGK work as one of the activities that generates CPD points. In the CPD Guidelines, attending Part 1 and 2 of the YBGK training only earns your 5 CPD point for your entire practicing life. Well, what about actively doing YBGK work then? As an aside, the minimum 1 year of practice requirement for young lawyers to attend the Part 1 and Part 2 YBGK training is nonsense. The whole idea is to train the attendees to do YBGK work regardless of years of practice. You want the young to learn and contribute and then you gatekeep the damned thing. Ridiculous.

Leaving aside the Remand, Reduction of Bail and Mitigation work, God knows there are YBGK files waiting to be adopted. Give hungry young lawyers the chance to work the files. Further, if doing YBGK work is listed as activities that gives one CPD point (preferably more) then perhaps there won’t be any issues of unadopted YBGK files since in racing to collect CPD points practitioners would fight for the right to be assigned YBGK files. With more lawyers doing YBGK work, hopefully more funds will be allocated to allow for timely payment of claims and improve YBGK training. The unrepresented is represented, the lawyer gets CPD points and some money from the YBGK files. Now you kill two, nay three birds with one stone.

Incentive is not a dirty word. Love it. Use it. 

Practitioners need to be knowledgeable and learned. I get it. Just I get it when there is no forcing an unwilling mind. There are times for the application of the cudgel to a particular problem but not every time and to every problem. Sometimes the way of the Carrot can be superior than a wielded cudgel.