The secrets of a wooden hammer
A principal to economic growth is the effective and fair pursuance of agreements. This is especially so when a country aims to contract an economic agreement with domestic and foreign investors. However, behind all these businesses there has to be a sincere court and strict laws. The Office of the President organised the Fostering Inclusive Economic Growth Through Legal Reform forum, which included a sub-session for a discussion about the competencies of legal professionals regarding commercial disputes. The following is an interview with N. Lundendorj, the vice principal of the National University of Mongolia School of Law.
Is Mongolia ready to offer full legal services during this time of rapid economic growth?
Law science has its own infrastructure. One of its main elements is issues of juridical education. The Open Society and Its Enemies by American political scientist Karl Popper was translated into Russian in 1990. Its introduction, one of my favourite passages, was dedicated to Russian readers. He wrote if Russians want to establish a market economy, they have to start preparing brand new lawyers. Thus a new economy, new politics, and new ideology need both good lawyers and economist to develop.
No matter how perfect a proposed economic project is, if there is no precise legal environment it welcomes a doomed fate. The economy also has to be regulated by laws. However, laws can’t be developed without lawyers. Thus, their development is a priority. Knowledge, experience and practice are important.
There is a saying that doctors from a third-world country have better medical skills than those in developed countries because they are able to practice on real human beings. Mongolia’s lawyers are the same. They only need a bachelor’s degree instead of further training.
Does the government support the legal decisions made by lawyers?
I have truly nothing to say about what the government has done to prepare lawyers. They carry the responsibilities of the market economy’s transition, innovations in society, politics and the economy. The Legal Innovation Programme was introduced in 1998. The programme has includes many passages on preparing lawyers. A few years ago, the Ministry of Justice and Home Affairs concluded the programme. However, no significant summary was made to how government is responsible. Not a single lecturer of law at NUM (The National University of Mongolia) has been sent abroad by government through scholarships.
In short, Mongolia’s government is doing nothing. But the faculty members of NUM have joined forces with great effort. NUM’s law degree requires 150 credit hours of classes, of which 25 hours are devoted to skills training. This training allows students to gather knowledge through experience solving cases. In foreign countries, this kind of training is received by students after completing their bachelor’s degrees. Students specialise in certain area and study for up to five years.
As the Mongolian economy grows, commercial disputes continue to arise. Do Mongolian lawyers have enough knowledge and experience to participate in international commercial disputes?
It is true that economic development is allowing such disputes to arise. However, Mongolia doesn’t have any specialised lawyers in this field. I would like to say that the problems of legal professionals in commercial disputes are not our business. We provide education for a bachelor’s in law. It is impossible to provide training in solving disputes in a country that only offers bachelor’s programmes.
In the classic sense, bachelor’s degree programmes aim to pave the way of the very first steps to becoming a lawyer. However, graduates must pursue higher degrees in order to develop. But we don’t have such an educational system in Mongolia. Instead of ignoring the situation, lecturers try their best to teach their students. Around 20 credit hours are dedicated to educating students in this area. However, the training doesn’t meet international standards. Because we can’t do it by ourselves, the government needs to give a helping hand.
How can the government help?
The law on the legal status of lawyers was passed this year. For the very first time the idea of offering advanced trainings to legal professionals was raised. Based on that law, an educational system has to be established that can deliver professional, skilled lawyers. The seeds must be watered to grow.
It is not appropriate to talk about skilled lawyers if there is no dedicated educational system. It is no secret that even judges are not skilled enough to write court procedurals properly. Only a few write their procedurals according to the instructions. That is because they are not skilled. Foreign countries have started to prepare their lawyers at the professional level because they know exactly what the world demands. Let’s set out to create something completely new. Instead, we could learn how others have reached their current levels of development.
You just mentioned judges. Some say that they lack ethics. What do you think?
In developed countries judges are selected not only by their knowledge and education, but also by their character. For example, one could be humble and modest while another is bright and charming. One’s character doesn’t change after becoming a judge. However, if that bright one is chosen as a judge, he or she would have to work hard to understand the complexities of cases.
Thus, we can’t leave the court to those who aren’t meant to hold the gavel. Personal character should be considered important too. High criteria, which we don’t have in Mongolia, are hard to fulfil. Ethics are directly related to character.
Some lawyers at the forum noted that it was impossible to fulfil their duties because the laws they must follow are unclear. What is your opinion?
Here’s one classic example. Let’s say a judge is about to make a decision. But the reality is we cannot deduce what a jurist based his juridical decision on. We don’t have the legal environment to judge that.
Is Mongolia ready to offer full legal services during this time of rapid economic growth?
Law science has its own infrastructure. One of its main elements is issues of juridical education. The Open Society and Its Enemies by American political scientist Karl Popper was translated into Russian in 1990. Its introduction, one of my favourite passages, was dedicated to Russian readers. He wrote if Russians want to establish a market economy, they have to start preparing brand new lawyers. Thus a new economy, new politics, and new ideology need both good lawyers and economist to develop.
No matter how perfect a proposed economic project is, if there is no precise legal environment it welcomes a doomed fate. The economy also has to be regulated by laws. However, laws can’t be developed without lawyers. Thus, their development is a priority. Knowledge, experience and practice are important.
Mongolia’s lawyer regime was established through practical experiences. It reached its current status by experimenting with people and their freedoms.
There is a saying that doctors from a third-world country have better medical skills than those in developed countries because they are able to practice on real human beings. Mongolia’s lawyers are the same. They only need a bachelor’s degree instead of further training.
Does the government support the legal decisions made by lawyers?
I have truly nothing to say about what the government has done to prepare lawyers. They carry the responsibilities of the market economy’s transition, innovations in society, politics and the economy. The Legal Innovation Programme was introduced in 1998. The programme has includes many passages on preparing lawyers. A few years ago, the Ministry of Justice and Home Affairs concluded the programme. However, no significant summary was made to how government is responsible. Not a single lecturer of law at NUM (The National University of Mongolia) has been sent abroad by government through scholarships.
Not a penny from the budget has been invested in education for this sector.
In short, Mongolia’s government is doing nothing. But the faculty members of NUM have joined forces with great effort. NUM’s law degree requires 150 credit hours of classes, of which 25 hours are devoted to skills training. This training allows students to gather knowledge through experience solving cases. In foreign countries, this kind of training is received by students after completing their bachelor’s degrees. Students specialise in certain area and study for up to five years.
As the Mongolian economy grows, commercial disputes continue to arise. Do Mongolian lawyers have enough knowledge and experience to participate in international commercial disputes?
It is true that economic development is allowing such disputes to arise. However, Mongolia doesn’t have any specialised lawyers in this field. I would like to say that the problems of legal professionals in commercial disputes are not our business. We provide education for a bachelor’s in law. It is impossible to provide training in solving disputes in a country that only offers bachelor’s programmes.
In the classic sense, bachelor’s degree programmes aim to pave the way of the very first steps to becoming a lawyer. However, graduates must pursue higher degrees in order to develop. But we don’t have such an educational system in Mongolia. Instead of ignoring the situation, lecturers try their best to teach their students. Around 20 credit hours are dedicated to educating students in this area. However, the training doesn’t meet international standards. Because we can’t do it by ourselves, the government needs to give a helping hand.
How can the government help?
The law on the legal status of lawyers was passed this year. For the very first time the idea of offering advanced trainings to legal professionals was raised. Based on that law, an educational system has to be established that can deliver professional, skilled lawyers. The seeds must be watered to grow.
It is not appropriate to talk about skilled lawyers if there is no dedicated educational system. It is no secret that even judges are not skilled enough to write court procedurals properly. Only a few write their procedurals according to the instructions. That is because they are not skilled. Foreign countries have started to prepare their lawyers at the professional level because they know exactly what the world demands. Let’s set out to create something completely new. Instead, we could learn how others have reached their current levels of development.
You just mentioned judges. Some say that they lack ethics. What do you think?
In developed countries judges are selected not only by their knowledge and education, but also by their character. For example, one could be humble and modest while another is bright and charming. One’s character doesn’t change after becoming a judge. However, if that bright one is chosen as a judge, he or she would have to work hard to understand the complexities of cases.
Thus, we can’t leave the court to those who aren’t meant to hold the gavel. Personal character should be considered important too. High criteria, which we don’t have in Mongolia, are hard to fulfil. Ethics are directly related to character.
Some lawyers at the forum noted that it was impossible to fulfil their duties because the laws they must follow are unclear. What is your opinion?
Here’s one classic example. Let’s say a judge is about to make a decision. But the reality is we cannot deduce what a jurist based his juridical decision on. We don’t have the legal environment to judge that.
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