Many tributes will be paid in the coming weeks and months to the late Justice Mark Fernando, recalling his achievements as an eminent lawyer and as a Judge of the Supreme Court of Sri Lanka and of the Administrative Tribunals of the International Labour Organisation and the Asian Development Bank.
As the son of a Chief Justice and the grandson of a Judge of the Supreme Court, Justice Mark Fernando’s appointment to the Supreme Court will be recognised as having created a tradition probably unparalleled in the democratic world. But he will also be remembered by many as someone who worked wholeheartedly to produce capable and honourable young lawyers.
During the early 1990s, when he was a member of the Council of Legal Education (the statutory body under which the Sri Lanka Law College operates), Justice Fernando initiated the Legal Internship Scheme to assist law students awaiting the results of the final examination to qualify as attorneys-at-law. He believed that in order to provide sound legal advice an attorney must have a working knowledge of other disciplines besides law: for instance, he would point out that a lawyer asked by a client to advise on setting up a company must have some knowledge of finance, accountancy, human resource management, etc, in addition to being familiar with the provisions of the Companies Act.
Since it was not possible to provide all that knowledge within the structure of education that existed at the Law College at the time, the Internship Scheme sought to place law students for a period of six months in the private sector, and with senior practitioners specialising in various aspects of law.
With the assistance of the Employers’ Federation of Ceylon, in the first year more than 40 law students were granted internships by leading private sector companies, banks, manufacturing organisations, several senior lawyers including Presidents Counsel, and even Judges of the Supreme Court.
The interns were also paid an allowance of Rs 2,500 during the period of six months, a considerable sum at the time; such a payment was almost unheard of, at least where senior lawyers were concerned, but they accepted the condition without demur as they understood that the payment was intended to give the internship formal recognition.
Many of the companies and professionals who accepted interns continued to support the programme in the following years, and the scheme expanded to grant internships to more than 60 law students annually. Many were also offered employment by the sponsor on taking oaths. However, the scheme fell into disarray when Justice Fernando was not reappointed to the Council of Legal Education, and the subsequent batches of students at the Law College were the losers. The Faculty of Law of the University of Colombo (of which he was an alumnus) was then assisted by him in a similar programme.
Justice Fernando also intended the Internship Scheme to provide a level playing field for all interested students. It was (and is) customary for opportunities open to law students and young lawyers to be allocated on the basis of personal contacts; Justice Fernando wished to provide a chance to those who were talented but did not have the requisite network to facilitate their entry into the practice of law. Merit and equality of access to opportunity were to him the basis of selection for any position, and there are many of us today who would have had to struggle to make our way in the legal world without the benefit of his equitable scheme.
Given his privileged background, it is remarkable that not only did he discern the difficulties faced by those without the right connections in establishing themselves in the legal fraternity, but that he also acted to reduce the imbalance.
Continuing a tradition started by his illustrious father, the late Chief Justice H. N. G. Fernando, Justice Mark Fernando also provided an opportunity for a law student to work in his chambers as his private secretary, and during his long career as a Judge at least 10 to 15 law students were thus privileged.
It was my good fortune to have had the opportunity to work as his secretary, after winning a competition at the Law College where he was the president of the panel of judges. I had never even met a Judge of the Supreme Court before, and my selection was based purely on his principle that merit should be the basis of selection; the opportunity turned out to be the most rewarding experience of my legal training. He consciously created opportunities to improve our analytical and writing skills, and assisting him in preparing one of his meticulously crafted judgments was a master class in legal skills.
Realising the importance of encouraging young law students to engage in research and legal writing, Justice Fernando, together with his extended family, established the Justice V. M. H. Fernando and Chief Justice H.N.G. Fernando Memorial Research Prize to be awarded to the best research work by a young law student or lawyer. At a time when many senior lawyers bemoaned the lack of these skills in junior lawyers, Justice Fernando’s action illustrates his proactive approach to the training of young lawyers.
All of us who worked in his Chambers acquired not only practical legal skills but an appreciation of the traditions of the Bar and the Judiciary.
He always reminded us that the first duty of an attorney-at-law was to assist the Court to arrive at a just and lawful decision, and not the “win-at-any-cost” attitude so prevalent today.
These are some of the reasons that those of us who were privileged to work with Justice Fernando will always remember him as a patient and gifted teacher, astute and honourable Judge, and a caring and concerned person.
By Shyamali Ranaraja
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