Myanmar lawyers

REPORT PAPER FOR OBSERVATION ON LEGAL SYSTEM OF ENGLAND AND WALES.

OBSERVERS:

U Htin Aung Lin

U Min Phyo Pyae Sone,

(MJC,Mawlamyaing, Mon State, Myanmar)

STUDY PROGRAMME

HISTORICAL BACKGROUND OF MAWLAMYINE JUSTICE CENTRE

Mawlamyaing Justice Centre is a legal aid Centre of Mawlamyaing, Mon State, Myanmar. MJC was established in 2013. Our centre represents clients in criminal cases. Under the rule for legal aid of our centre the clients must be persons that have no monthly income or assets: especially women, children, disabled individuals and poor migrants. Also low-income families, family whose main income-earner is in jail, an accused that is away from family, who is abandoned by family and who want to appeal. We act throughout Mon State except Ye township because of transportation.

The main intents of MJC are

• To help identify through practical pilot activities, an appropriate legal aid system targeting the poor.

• To improve access to legal services, particularly legal representation and advice for poor and vulnerable in target areas.

• To improve knowledge and awareness on justice issues and free legal aid to community members and leaders.

Solicitors International Human Rights Group with support from the Harrop HR Missions Charity invited us to observe the English legal system.

The study visit was two weeks’ duration. To observe legal office procedure, police station procedures and interrogations and criminal court hearings and civil court hearing and law class and so on.

OBSERVING

We were offered an opportunity which was an observation exposure trip to UK. In this observation we had many experiences especially English courts in action.

# The English legal system has developed over the centuries and is still evolving. I observed trials role, the court audio recording and argument of lawyers and also lawyer skills. English lawyers fight really hard for their clients. In trials in the Crown Court jury members are main decision maker. The Crown Court trial system is very different from Magistrate Courts. Magistrate Courts do not juries but have three lay judges who decide .

# We met with lawyers from I-ProBono and I presented the process of legal aid service for poor clients at the MJC. We discussed the Myanmar Legal System and how we came to be a Myanmar Lawyer, and the process of license and the current situation. We discussed the lawyers duties to the courts and is there an overriding duty to the court. They also explained their service in Asian countries.

# We went to a debate at the English Speaking Union on the topic whether using the twitter application was doing good or not. The debaters were from Eastern Europe and were the best of debaters I have seen. We learned from so many valuable knowledges relevant to advocacy skills, mediation skills and so on.

# We went to Richard Mathias law class and then noted his pragmatic teaching methods and styles.

# We visited a Citizens Advice Bureau in Horsham. They had details of case stories and management. From that perspective I learnt about how to keep and maintain files of case stories. They were doing legal advice and then may connect a lawyer to represent the clients.

This trip is really supportive for us to learning about the rule of law. I understood the English legal system and legal procedure must be a client-centred service. I was understanding that we in Myanmar we must change like them and should change our rationale and view on legal problems. We should think about our rules and laws. With the rule of law we get human rights. There were many places for legal study.

Conclusions:

We got the best experience in this trip. Led by Mr. Lionel Blackman throughout our exposure trip of two weeks. We saw Jury system, court procedure, legal aid organizations and how they manage case files and connect to experienced lawyers. We would like to adapt in Myanmar many of the ways we observed in England. I believe that the role of the lawyer in Myanmar is vital. We can create the rule of law system for our country by adaption of the English system.

Reported by

Htin Aung Lin

Higher Great Pleader

(Mawlamyaing Justice Centre)

8^th July 2018