THE ADVOCATE, THE LEGAL PROFESSION AND THE ART OF WAR BY SUN TZU

As a gift to myself whilst visiting my niece and her family in Kulim, I managed to find, at a bookshop in Butterworth, the much-coveted book The Art of War by Sun Tzu. It is an unusual book, written 2,500 years ago in an impenetrable classical language, and has since been translated into many languages. According to "LONG" tradition, it was authored by Sun Wu, better known as Sunzi (Sun Tzu), a General and strategist in the service of King He Lü during the Spring and Autumn Annals period of ancient China (770–476 BCE).

As I thumbed through its pages on the train ride back from Butterworth to Kuala Lumpur, absorbing the profound insights within, I began to realise how closely the lessons of this book align with those we encounter in the legal profession. Engaging in a trial is, in many ways, an exercise in the art of war.

The General, much like an advocate, must possess wisdom, honesty, benevolence, courage, and discipline.

In Malaysia, where we have a fused profession, this connection is even more pronounced. I have attempted to distil the wisdom of this remarkable book into eight chapters, making it easier to read and apply. The Art of War contains passages that resonate deeply with the legal profession, especially for advocates driven by a duty to serve justice, including for the less privileged. Here is a breakdown, incorporating key passages, with reflections on how these principles translate into advocacy and the responsibility of helping those with fewer resources.

Chapter 1: The Importance of Preparation and Understanding the Terrain

"If you know the enemy and know yourself, you need not fear the result of a hundred battles."

In legal advocacy, preparation is essential, but it extends beyond the facts and law; it involves understanding the client, their circumstances, and the societal landscape they navigate. Advocates representing underprivileged clients often face additional challenges, as their clients contend with social, economic, or institutional disadvantages. Sun Tzu's wisdom urges us to look beyond surface-level strategies and delve deeply into the lives we represent—an essential step in effectively advocating for the marginalised.

Chapter 2: Crafting Strategy with Restraint and Compassion

"The supreme art of war is to subdue the enemy without fighting."

Effective advocacy does not always mean aggression in the courtroom. Many clients, especially those from disadvantaged backgrounds, are better served through resolutions that avoid protracted conflict. "Subduing the enemy" in legal terms can mean seeking resolutions through negotiation, mediation, or settlement, thus sparing clients the additional strain of lengthy litigation. Advocates for the underprivileged often encounter cases where a thoughtful, restrained approach—one that considers the human impact of every decision—best serves the client’s interests.

Chapter 3: Assessing Strengths and Weaknesses

"In the midst of chaos, there is also opportunity."

For advocates, particularly those working with clients facing systemic barriers, chaos often surrounds the lives of the underprivileged. Yet, these challenges can present opportunities for meaningful change—whether in setting precedents, promoting reform, or advocating for new interpretations of justice. Lawyers representing the disadvantaged have a unique chance to address injustices that might otherwise go unchallenged. This line reminds advocates to uncover opportunities within each case to effect positive changes, both for the individual client and for the wider system.

Chapter 4: Choosing Battles Wisely

"He who knows when he can fight and when he cannot will be victorious."

Knowing which cases to take on and which battles to fight is a mark of wisdom. For advocates of disadvantaged clients, resources may be limited, making it essential to prioritise cases where the impact will be most significant. Serving the less privileged often involves choosing battles that not only bring justice to the client but may also set precedent or draw attention to systemic issues. This principle from Sun Tzu encourages advocates to weigh each case thoughtfully, considering its broader implications for both the client and the community.

Chapter 5: Duty to Defend with Integrity and Honour

"Treat your men as you would your own beloved sons. And they will follow you into the deepest valley."

For advocates, clients place profound trust in their representatives, especially when they have few options or resources. It is the advocate’s duty to treat all clients with the respect, commitment, and dignity they would extend to a family member. Sun Tzu’s words remind us that a compassionate approach builds a stronger relationship and deeper trust. When clients from underprivileged backgrounds feel genuinely supported and respected, they are more likely to engage actively and place their faith in the justice system.

Chapter 6: Making Use of Resources Wisely

"In war, the way is to avoid what is strong and strike at what is weak."

This insight speaks to efficiency and focus, particularly important when resources are limited. For advocates serving the underprivileged, this might mean tailoring strategies to leverage pro bono resources, relying on legal aid schemes, or collaborating with legal aid organisations to maximise impact. By focusing on the most effective legal arguments or avenues for relief, advocates can use their limited resources wisely and achieve meaningful outcomes.

Chapter 7: The Ethical Responsibility to Pursue Justice

"The general who advances without coveting fame and retreats without fearing disgrace, whose only thought is to protect his country and do good service for his sovereign, is the jewel of the kingdom."

In advocacy, this passage reminds us that the goal should not be personal gain or glory but a genuine commitment to justice. Representing clients from underprivileged backgrounds requires advocates to set aside the pursuit of fame and focus instead on serving those in need. This line encapsulates the duty of advocates to protect the rights and dignity of the less privileged, even when recognition or reward is not guaranteed. In doing so, the advocate uplifts the profession and fulfils a critical societal role, becoming a "jewel" in the legal system.

?Chapter 8: Striving for a Just Society Through Individual Action

"He who wishes to fight must first count the cost."

Taking on cases for the less privileged often means acknowledging personal sacrifices—of time, financial resources, or energy. However, the broader cost of ignoring these cases is far higher. If advocates do not take up the cause of the marginalised, society loses a valuable check against systemic inequality. Advocates committed to justice for all make an invaluable contribution to the fabric of a just society, creating a legacy that transcends individual cases.

Conclusion: The Ultimate Victory is Justice for All

In the legal profession, The Art of War is not just about winning; it’s about using strategy to ensure that justice is accessible to everyone, regardless of their background. For advocates, this means applying Sun Tzu's principles not only to achieve favourable outcomes for clients but also to elevate the profession by championing fairness, compassion, and integrity. By helping those with less privilege, advocates embody the essence of justice itself—demonstrating that the law is not merely a battleground, but a vehicle for compassion, equality, and meaningful change.